Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, August 8, 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 was none.

Subject: Minutes - The minutes of the previous regular session held on July 11, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Roberts to approve the minutes as presented.

Subject: Ordinance Change Request – Ed Frederick with the Kentucky Renaissance Fair, LLC was present to request that the City of Eminence adopt an amendment to the current city ordinance or adopt a new ordinance to allow Sunday restaurant beer and wine sales. Mr. Frederick explained that under the statutes the hours of operation would be limited on Sunday from 1:00 p.m. until prevailing time for our locality and would also be limited to restaurants that seat more than 100 persons. Mr. Frederick stated he has spoken with restaurants regarding what type of communities they go into and most have indicated they have a policy of not going into a community unless they have beer/wine sales on Sunday. Mr. Frederick stated that he also feels we can better control the growth in our community and create additional income. Research has indicated that beer and wine sales increase by about 10% but that overall gross revenues increase by 20%. If they suffered a 20% decrease in the first year, it would result in construction cutbacks. On their current five year plan, the second phase calls for a chapel with the third phase including children’s activities. Member Ferguson questioned the number of weekends this would be open. Mr. Frederick stated that the fair would be open six weekends during the summer, Halloween weekend and weekends during December. December will be a different venue with local vendors, food and perhaps even a Dickens play. Attorney Brammell stated that the zoning permit will state exactly the times allowed to be open. Mr. Frederick stated he is requesting from 1:00 to 7:00 p.m. Council Members Roberts and Ferguson questioned if the beer and wine sales have to stay within a garden/restaurant area versus allowing people to walk around with their drinks. Attorney Brammell stated that we cannot contradict the state statutes. Member Winburn stated he felt we needed to separate the adults from the youths and restrict the area of drinking and that he has a problem with the Sunday starting time as one Church in Eminence is still in session at 1:00 p.m. It was stated that other activities across the state do not have separation of adults who are drinking from the youth, such as baseball games, etc. Member Whitney asked Attorney Brammell to research the items of concern. General consensus of council was for Attorney Brammell to proceed with drafting an ordinance amendment allowing beer and wine sales on Sunday.

Subject: Zoning Issue on Jackson Road – Ronnie Kidwell was present to discuss with council the zone status on property he has purchased on Jackson Road. He purchased the old junk yard property (4769 and 4771 Jackson Road) previously belonging to C.A. Taylor with the understanding that it was commercial property. Zoning officer, William Peyton told him that the property is not zoned commercial, but that possibly a mistake was made as it should probably be commercial. The PVA shows the property as commercial. Attorney Brammell stated that an application for a zone change will need to go before the planning commission. Mr. Kidwell stated he understands this but feels a mistake was made when the zoning was set up and that the property has always been commercial and that he shouldn’t have to pay to correct someone else’s mistake. Attorney Brammell stated that some changes were made purposely on the comprehensive plan to reflect the preferred use versus the current use of a property. The comprehensive plan shows the future land use in this area to be residential. Property that was zoned different when the comp plan was initiated could continue as they were and be grand-fathered in, but if continuous use was not evident then it would revert to the comp plan zone which is what has happened to this property. Mr. Kidwell stated he feels it has always been commercial property and that it has been continually used that way. Member Roberts stated he feels that if this was a junk yard that a house could not be built there anyway due to EPA concerns with gas, motor oil, etc. Attorney Brammell stated that the two issues that need addressing are whether the zone change request should be initiated by the City or the property owner and whether the zone should be changed at all. Discussion held. Motion made by Member Ferguson and seconded by Member Roberts that the City request the zone change on behalf of Mr. Kidwell with the position that the zone was assigned incorrectly when zoning started. Voting “Yea” were Members Whitney, Roberts, Ferguson and Winburn. Voting “Nay” was Member Stephens.

Subject: County Business – Magistrate Wayne Gunnell was present to discuss County business with council. Mr. Gunnell reviewed a hood and mask ordinance with council which would limit wearing of hoods or masks. We would be covered by this unless we change or adopt an ordinance of our own. Council made a couple of suggestions for the ordinance. Mr. Gunnell stated he feels we did the right thing for Ronnie Kidwell on the zone change. Mr. Gunnell stated that the County will be installing two scoreboards at the park for a cost of $12,000.00. All of this money was from sponsorship with the exception of a small amount for the electrical systems. Mr. Gunnell reported that the County has negotiated a contract with Oldham County for $30.00 per day for housing of inmates. They will be used as a secondary facility as our contract with Carroll County is primary at $28.00 per day. The County also has contracts with Shelby and Franklin Counties. Mr. Gunnell reported that the paid EMS is a success. Since July 1st they have made 66 emergency runs from 6:00 p.m. to 6:00 a.m. and 92 emergency runs in the daytime. They are still using volunteers as needed for a second truck backup at night.

Subject: West Owen Street Project – Mayor Bates reported no activity on this project. We have received one bid for purchase of two tracts with another interested party in bidding. Mayor Bates stated he would bring the bids to council after he receives the other person’s bid. The sale of these lots needs to generate $35,000.00 to 40,000.00 in order to complete the other work needed in the area. We will do the blacktopping later this fall.

Subject: Eminence Tomorrow – Mayor Bates stated that he has only received four applications for the Main Street Director’s position. Discussion held. Even though we may end up selecting one of the individuals who have already applied, the consensus of council was to authorize advertising one more time in the Kentuckiana Classified to see if we can get more interested individuals.

Subject: Police Department Report – Detective Duncan reviewed the July activity report with council. Detective Duncan also reviewed the arrests and citations report.

Member Stephens asked if citations were issued to John Reynolds and Tom Wathen. Detective Duncan stated he did not think so. Mayor Bates reported that John Reynolds is working slowly on his property, but he doesn’t know the current status of the Wathen property.

Subject: Public Works Report – Public Works Director William Smith reviewed the July activity report with council. Mr. Smith stated that the Elmcrest developer is starting on the second phase of his development. Mr. Smith reported that the Division of Water has approved the Quail Run Subdivision on West Highway 22 with bids currently being taken on the infrastructure. Mr. Smith reported that the new salt shed construction is underway. Reported that the North Main pump station project plans are being drafted. Attorney Brammell reported that we are still waiting on Henry County Water District No. 2’s attorney to respond back on the water purchase contract.

Subject: Police/Fire Department Roof Replacement – The alternative bids received for the metal roof option were reviewed. Only three of the four who bid the shingle roof choose to bid the metal roof option. They are as follows:

Thomas Paul – 344 Hillcrest Drive, Eminence, KY - $14,400.00
Dwayne Brumley Const. Co. – 243 Boardwalk Ave., Shepherdsville, KY- $18,500.00
Blair’s Roofing & Const. – 428 Bethlehem Road, Pleasureville, KY - $29,976.00

The lowest bid for either the shingle or metal roof options was from Thomas Paul at $11,680.00 for shingles and $14,400.00 for metal. Mayor Bates suggested we approve the 30 year shingles due to the availability of using more color schemes and the cost factor. Motion made by Member Ferguson and seconded by Member Winburn to accept the lowest shingle roof bid option from Thomas Paul in the amount of $11,680.00. All members present voted “Yea”.

Subject: Water & Sewer Ordinance Amendment – Attorney Brammell held another first reading of an amended water and sewer ordinance.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane suggested paying off the balance of the park loan as the interest rate continues to go up on a monthly basis. It is currently 6.25%. The principal balance is $5,382.00. Ms. Doane reported that she was able to transfer some extra money into the park account at year end and that we could use this money without having to use the current year budgeted transfer for the park reserve and replace it as we sell more commemorative bricks. Motion by Member Roberts and seconded by Member Winburn to authorize the Mayor and City Clerk to proceed with paying the balance of the park loan off as discussed. All members present voted “Yea”.

Ms. Doane requested another leak adjustment on behalf of Sonya Angell of 45 Darlene Street. Her leak ran over into two months generating two bills totaling over $500.00. We have given second adjustments previously based upon the same criteria. Motion made by Member Whitney and seconded by Member Ferguson to authorize the second leak adjustment for Ms. Angell using the same leak adjustment formula as used on the first adjustment. All members present voted “Yea”.

The yearly budget comparison was given to council with them being asked to review and get back with the Mayor and/or City Clerk with any concerns. The budget ordinance will be amended if any totals went over the original amount.

City Clerk Doane discussed the lack of janitorial work with council. Even though the employees have been trying to do this themselves it is difficult sometimes to work it into the schedule. Office employee, Rhoda Arington, has expressed an interest in performing this work outside of her normal job. City Clerk Doane discussed that we would have to pay overtime for this work, but that it could be done on an average of two different hourly rates and still fall within the allotted extra salary figure she had budgeted for a part-time office person. The consensus of council was that they preferred that an employee not do this work at this time and that we continue to get this work performed under contract labor or do it ourselves. Council agreed for the Mayor to get someone else to do the work and to negotiate the price up to the amount that the City Clerk has in her budget for part-time office assistance.

Subject: Personnel Ordinance Amendment – City Attorney William Brammell held the first reading of an ordinance adding the job description of part-time police clerk to the job classification section of the personnel plan.

Subject: Community Economic Growth Grant – Mayor Bates and Clerk Doane reported to council on grant money available through the Kentucky Community Development Office. This grant money has been especially allocated by the legislators and will be very competitive. We have three different projects we would like to send an application in for including the purchase of a backhoe, the water loop for the Renaissance Fair, and the conversion of the pool into a splash pad/play area. Each project will require a separate resolution. As we do not have all the cost estimates on the loop or the splash pad/play area, we are only asking for a resolution for the major equipment purchase at this time. Attorney Brammell read a resolution authorizing the filing of a Community Economic Growth Grant Project in an amount up to $56,000.00 for the purchase of a backhoe. Motion made by Member Roberts and seconded by Member Ferguson to approve the resolution as read. All members present voted “Yea”.

Subject: Pool Committee Report – Mayor Bates reported that he is getting some estimates on the splash pad and other equipment together and will be setting up a committee meeting soon.

Subject: Fire Department Report – Member Roberts reviewed the monthly Fire Department report with council. Member Roberts reported that in response to the questions last month, Chief Lucas receives $400.00 a month and that the Department did purchase tires for Gary’s vehicle with the amount being deducted from his monthly expense check. Member Roberts reported that the pagers are to be turned in which will save some money. Member Roberts reported that the Board has met and appointed Cheryl Neal along with Missy Young as co-signers for the Fire Department checking account.

Subject: Community Center Report - Mayor Bates reviewed the monthly activity report with council. Mayor Bates reported that we have collected $277.00 in income for July from the fitness room usage.

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: Special Meeting – Mayor Bates called a special meeting for Thursday, August 25th at 6:30 p.m. to have a second reading of the water and sewer ordinance amendment, a first reading on the revised alcohol ordinance, a first reading of the tax rate ordinance, and other things as might be needed.

Subject: Closed Session – Motion made by Member Ferguson and seconded by Member Stephens to go into closed session to discuss pending litigation. All members present voted “Yea”. Closed session commenced at 8:55 p.m.

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 9:15 p.m.

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