Eminence Kentucky-Special Minutes

The City Council of the City of Eminence, Kentucky met in a special session on Tuesday, December 19, 2006 at 6:30 p.m. at the Eminence City Hall Council Chambers 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. Other individuals present were Mayor Elect Jim Petitt, Council Members Elect Shawn Bright and Treva Browning, Attorney William Brammell, City Clerk Sandra Doane, Public Works Director William Smith, Fire Chief Gary Lucas, Sheila Hadden, Adam West, Chad Pearson and Marv Blomquist.

The purpose of the meeting being called was to discuss the Family Dollar Store Development; discuss Mayor updates; and to hold a closed session to discuss the possible sale of property and possible purchase of property.

Subject: Family Dollar Store Development - Chad Pearson and Marv Blomquist were present to review the revised Family Dollar Store plans with council. Mr. Blomquist apologized for not getting them to the City Council as promised, but Family Dollar Store did not give their approval of the plans until today at 2:00 p.m. and he felt he needed their approval prior to bringing them back to the council. Mr. Blomquist reviewed the changes made to the plans as discussed with council at the previous meeting. The new plans are to have 7-1/2 feet between the Fire Department and the Family Dollar Store at the front corner and 6 feet at the back corner. The parking between the buildings will take up 19 feet and the drive will take up 16 feet. They will install a two foot wide concrete barrier that will tie into the center island. The entrance will be one-way off of Depot Avenue and two-way from the back corner of the Family Dollar Store to Bell Lane.

Member Roberts asked about the Fire Department and their wishes. Member Roberts stated when he left the previous meeting he became more upset with why and who authorized them to do drawings that include property other than their own. Member Roberts stated that to his knowledge no contact has been made with the City or City Council previously to request permission to do this. Member Roberts was informed that contact had been made through a meeting with the Mayor and City Attorney. Mayor Bates stated that development of this property has been in the works for a long time and is not new to the council and that nothing has been given away or changed with the drawings being only a proposal.

Chief Lucas stated that he did tell the previous developers to stay on their own property. Chief Lucas stated that the Mayor has always had other things being done without the Fire Department being considered. Mayor Bates stated the City has given the Fire Department everything asked for and that they have the best equipment in the County. Mayor Bates asked how the Fire Department worked when King Lumber Company was in business next door. Chief Lucas stated that everything is already cut and dry and stomped out insulting the Mayor as he left.

Mr. Blomquist stated that he approached the Mayor with what they needed and was told to come to the City Council to present their proposal. The only go ahead that was given was to start preliminary plans. Member Ferguson stated they did exactly as they should have. Member Roberts stated he felt they should have had council approval prior to any preliminary plans being done. Mayor Bates stated to Member Roberts that he is always saying he wants business in town, but he always tries to run any out that might want to come to town. Member Roberts stated that Mayor Bates never seeks Council approval prior to moving ahead with things. Mayor Bates stated he did not know anything about this until the original plans were presented and he is getting really tired of being accused by Member Roberts of misleading the Council.

Member Ferguson stated that everything is perfectly clear and the proposal is not illegal, hazardous or wrong in anyway. It will bring in new revenue and jobs to the City. Member Roberts stated that the Fire Chief feels it will be bad and he agrees with him. Member Whitney stated that Chief Lucas never comes to the meetings, not even to do a report, but always manages to show up when something doesn't suit him. She feels we cannot continue to let Chief Lucas run everything and that they have not been slighted in any way. Member Ferguson stated that we asked for an alternate proposal from the previous one which has been provided and that we cannot stop this for one individual and doesn't see how we can oppose. Member Whitney stated that other citizens want growth, even other members of the Lucas family and that she is also tired of hearing that the City Council doesn't care about the City or the Fire Department.

Member Harris stated that everyone is right about some things tonight and that everything is not perfect. Member Harris stated that he knows previous discussions have been had on moving the Fire Department to another location in the future. Member Harris stated he would like to make a motion to accept the proposal presented tonight and asked Attorney Brammell for directions on the motion. Further discussion held. Mayor-Elect Jim Petitt expressed concern on whether we want to accept the street back or should we let them maintain it. Member Ferguson asked if this is done anywhere else and that we do not need to set standards that might keep development from coming. Mr. Blomquist stated that his client would prefer a public access easement for liability purposes, but might be willing to put some maintenance work in the agreement. He feels that an agreement for maintenance on only a portion of the property could create an issue.

Public Works Director William Smith stated he felt the concrete divider from the building to the current island might create more problems that good. Mr. Blomquist stated that the developer would prefer not to do this anyway, but felt the City really wanted it installed.

Motion made by Member Harris to have dedication by the City of the city’s portion of strip approximately parallel to the Fire Department property on the north side as it connects Depot Alley to Bell Lane subject to the following terms:

On a call of vote by Mayor Bates, voting "Yea" were Members Harris, Whitney, Ferguson, and Winburn. Voting "Nay" was Member Roberts.

Subject: Closed Session - Motion made by Member Whitney and seconded by Member Ferguson to go into closed session to discuss the possible sale and possible purchase of property. All members present voted "Yea" except Member Roberts who then stated he was leaving the meeting as the closed session was not supposed to be on the agenda. Member Roberts was informed that it was on the agenda properly as notice was sent to all members adding this to the agenda since the December 11th meeting. Member Roberts stated he did not receive any notice. All other members present stated they got theirs. Member Roberts refused to stay.

Member Harris returned at 7:25 p.m. and cast his affirmative vote to go into closed session. The meeting resumed into closed session.

Open session resumed at 7:50 p.m. Attorney Brammell stated that no action could be taken on anything from the closed session as the items were not listed for open meeting discussion.

Mayor Bates called a special meeting for Thursday morning, December 21, 2006 to discuss the items from this meeting and any others that might need adding. The time will be determined for either 11:30 or noon with Council to be notified.

With no further business to be discussed, motion made by Member Harris and seconded by Member Winburn to adjourn. All members present voted "Yea". Meeting adjourned at 7:52 p.m.

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