Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, January 9, 2006 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, Tom Ferguson, and Leeroy Winburn. Arriving late were Members Drane Stephens and Kevin Harris.

Subject: Eminence Tomorrow – Main Street Director Jennifer Watson reviewed the monthly activity report with council. Ms. Watson reported that the Light Up Eminence event went fairly well despite the bad weather. She reported that the permanent trees donated by Modern Woodmen for the downtown park and the corner of Main and West Broadway are a welcome addition which will negate the need to buy trees each year for Light Up Eminence.

Ms. Watson reported on a seminar in Frankfort attended by Mayor Bates, Clerk Doane and herself concerning the funding for TEA 21 grant money. The intent to apply is due January 31st. Ms. Watson reported that the City needs to re-certify for the Main Street Program by February 24th. She is working with New Castle Main Street Manager Karen Bess on a survey that they can jointly use for that certification. Re-certification is a requirement every four years with the last one being done in 2001.

Ms. Watson reported that Tina Tipton and Alice Ferguson are two new members on the Main Street Board. Ms. Watson reviewed some of the ideas being discussed for the upcoming year.

Ms. Watson reported that the festivals being looked at for the current year are Eminence Day, Trick or Treat on Main and Light Up Eminence. She will be working with the school again on Eminence Day.

Ms. Watson reported that she, and possibly a board member, will be attending a statewide Main Street meeting in Georgetown on January 25th and 26th.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the December activity report with council. Chief Hadden stated he will have the year end figures by the February meeting.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity for his department with council.

Mr. Smith reported that the North Main Street Project has been approved by the Division of Water with the engineering contract having been given to Attorney Brammell for review. Attorney Brammell stated that he has reviewed the agreement and is okay with its content. Mr. Smith requested permission to advertise for bids on this project. Motion made by Member Roberts and seconded by Member Ferguson to approve advertising for bids on the North Main Street Pump Project as discussed. All members present voted “Yea”.

Mr. Smith reported that the Elmcrest Subdivision developer is ready to start two new homes in the new section.

Mr. Smith reported that the Quail Run Subdivision is also progressing along with the infrastructure being worked on.

Mr. Smith reported that the concrete was poured today for the restaurant and campground at the Renaissance Faire. We are still waiting on the state for approval of the water line portion.

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.

Ms. Doane reported that the auditors are still working on the audit with no definite date available for when it might be complete.

Subject: Fire Department Report – Member Roberts presented the fire department activity report. Mr. Roberts reported that the board met on January 5th and will be meeting monthly. The information is being put together for the audit and he will have the financial reports ready next month. Member Roberts stated he is now one of two signatures on the signature card at the bank for the Fire Board. It was discussed that we still need our citizen representative. Council stated that we decided last month not to perform an audit until next year after the contract is revised.

Subject: Community Center Report – The Community Center monthly activity report was reviewed. Mayor Bates reported that the school has not heard any reply on the grant renewal to operate the Center.

Subject: Minutes - The minutes of the previous regular session held on December 12, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”.

Subject: West Owen Street Project – Project Director Kriss Lowry was present to report on the status of the West Owen Street project. She reported that the status has not changed on the project. Ms. Lowry reported that her assistant, Lara Robertson, will be leaving on Friday to take a job at the Department of Local Government.

Ms. Lowry presented the council with the conflict of interest statements out of the federal regulations. Based upon her determination of these statements, she feels it is still a conflict of interest for Jewell Realty to be awarded the contract to sale the lots on West Owen Street due to her relationship to the City Clerk. Attorney Brammell stated that he has reviewed the laws and that no conflict exits on the local or state level, but after reviewing the federal regulations he does believe a conflict may exist.

Ms. Lowry reviewed the request for waiver procedures and stated she does not believe we meet the criteria for requesting one.

Ms. Jewell stated she prefers that the City pursues requesting the waiver, as this was what she was told last month would happen. Ms. Jewell also questioned what would be the difference if the contract was given to someone else and she or her agents ending up selling the property. Attorney Brammell stated this would not be a problem as the contract would not be with her, but with the other broker.

Motion made by Member Ferguson and seconded by Member Winburn that based upon the advice received that the criteria doesn’t exist to request an exception from the Department of Local Government and that the bid should be given to Re-Max instead of Jewell Realty. All members present voted “Yea”.

Subject – Annexation – Attorney Brammell held the first reading of an ordinance annexing two parcels of property belonging to John Coomes, Jr. and Carol Coomes into the City limits consisting of 93 acres on Highway 55 South that runs from Highway 55 back to Clear Creek/Ellis Road and a 30 acre tract on Clear Creek Road that joins the Lighthouse Church. Attorney Brammell stated that the consent to annex will be signed this week.

Subject: Purchase of Property - Attorney Brammell and Mayor Bates reviewed with council the purchase of the property located at 6045 South Main Street, which was previously discussed in closed session. Motion made by Member Winburn and seconded by Member Ferguson to ratify the purchase of 6045 South Main Street from Jay and Sara Payne for the price of $70,000.00. Some discussion followed. All members present voted “Yea”.

Subject: Request from Don Buckler – Council reviewed a request from Don Buckler, who works with the humane society, to have a letter from the City on how they desire him to enforce the City’s dog ordinance. Discussion held. Consensus of council was to table this until the ordinance and contract could be reviewed.

Subject: Zone Change Request – Ronnie Kidwell – 4769 and 4771 Jackson Road –Attorney Brammell reviewed the requirements for the zone change for Ronnie Kidwell at 4769 and 4771 Jackson Road. As this change actually changes the zoning ordinance, we need to treat the changes we made last month as an ordinance amendment.

Member Harris asked if it was too late to change our mind on allowing this zone change. Member Harris stated that he really does not feel this is a commercial area and that things have changed and questioned how it can be the same. Discussion held with the majority of the council believing that the correct decision was made last month. Attorney Brammell stated that although the arguments are well made not to allow the change that the City is at this time procedurally correcting what was done last month.

Attorney Brammell held the second reading of an ordinance amending the zoning ordinance 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 by Member Roberts and seconded by Member Whitney to adopt the ordinance as read. 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.

Subject: Alcohol Ordinance Research - Attorney Brammell reported that he has found no additional information 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.

Subject: Housing Authority – Attorney Brammell stated that based upon his review of the Housing Authority documents, he has determined that the streets and sidewalks located in the housing authority area have been dedicated to the City and belong to us for maintenance and repair.

Subject: Information for Inclusion into the Henry County Local Publication – Mayor Bates reviewed with council a request for information that the council would like to include in the Local’s publication. They will be referencing historic buildings in the City. Some discussion held. Council asked to give any information to the Mayor or City Clerk that they would like to have included.

Subject: Insurance Premium Tax Refund Request – Attorney Brammell reviewed the request from United Healthcare for a refund in the amount of $78,854.00. The request was made based upon them having included Commonwealth of Kentucky state employees in their filing who are exempt. Attorney Brammell stated that he has received a second letter from United Healthcare requesting this refund. The Dept. of Insurance has now stated they believe we need to refund the money instead of allowing a credit on future returns. Motion made by Member Roberts and seconded by Member Winburn to refund the money based upon this new information. On a call of vote by Mayor Bates, voting “Yea” were Members Harris, Whitney, Roberts, Ferguson and Winburn. Abstaining was Member Stephens.

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 Roberts and seconded by Member Winburn to go into closed session to discuss possible purchase of easements and/or property and to discuss possible sale of property. All members present voted “Yea”.

Subject: Purchase of Easement – Motion made by Member Roberts and seconded by Member Ferguson to authorize payment to Helen Reddin for purchase of an easement on her property at $1.00 per foot for a total payment of $253.00. All members present voted “Yea”.

Subject: Survey – Motion made by Member Whitney and seconded by Member Roberts to authorize a survey of the recently purchased Payne property in an amount up to $1,000.00. All members present voted “Yea”.

Subject: Various Properties – Member Stephens questioned the status of the Family Dollar Store. Mayor Bates reported that per his information, there have been problems with the contractor and that he has been promised that construction would resume in two weeks over two months ago.

Member Stephens asked about the Saydah property. Mayor Bates reported that per his information on this, we still have two individuals who are interested in this property.

Member Stephens asked about the Kallenberger proposed apartment building on Elm Street. The status of this is unknown as originally the building permit restrictions were creating a problem.

Member Stephens asked about the old Chevron building. Attorney Brammell reviewed the status of this property. They are supposed to be trying to speed up the state process to get a release on the property. They now have a copy of the old sales contract which hopefully will assist them with getting state approval.

Member Winburn asked about the status of the tanks on West Owen Street. It was discussed that this property is in bankruptcy with it being very difficult to do anything at this time.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Whitney to adjourn. All members present voted “Yea”. Meeting adjourned at 8:21 p.m.

Hosted by

This site owned by The City of Eminence Kentucky.
Custom Graphics and Design © Copyright 2001-2012 Joyce K. Meyer. All Rights Reserved
(Except where otherwise noted.)
This site was created by My Cottage Web Studio 04/15/01and revised on 05/10/12.