Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 11, 2006 at 6:00 p.m. at the Eminence City Hall Council Chambers with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Drane Stephens, and Tom Ferguson. Absent was Member Leeroy Winburn.

Subject: Citizen Complaint – James Fowler of 408 Sulphur Avenue was present to discuss sewer backup into his house. Mr. Fowler stated that when the new sewer line and pump station was installed on North Main Street, sewer backed up into his commode and shower. Public Works Director William Smith stated that at the time we had experienced a heavy rain of about six inches in 24 hours and that the sewer lines cannot handle this type of flow. Mr. Smith stated that in preparation for the new sewer line, the connecting sewer lines were tested and some obstructions were found and fixed. At the time of the complaint, the manholes were checked and were not running over. They did find a manhole on Dobner Lane full of sewage which was unblocked which allowed the whole area that goes into this manhole to drain when it was opened up. Fifty feet of main were also replaced on Dobner Lane. No problems have been experienced at Mr. Fowler’s since this time. The Dobner pump station is not a large flow pump station and if any infiltration issues exist at all we will have problems. Mr. Smith stated that Mr. Fowler is located at the lowest point on Sulphur Avenue so any problem we experience will go to him, but there is no ongoing issue that he is aware of and as far as he knows the problem has been resolved. The sewer line from Sulphur Avenue to West Broadway has very little elevation difference. The consensus of council was that the issue has been resolved and would be addressed if it occurs again. Mr. Fowler asking who would cover his $4,000.00 new carpet if this happens again. Attorney Brammell stated this would be a legal issue to be addressed at that time if anything happens. Mr. Smith stated that a back flow prevention device could be installed in this area, but it could cause more harm than good as it would keep Mr. Fowler’s commode from flushing properly.

Subject: Family Dollar Store Development – Chad Pearson and Marv Blomquist were present to discuss the location of a Family Dollar Store on the old King Lumber property at 63 Depot Avenue. Mr. Pearson stated he is the owner, along with his sister and brother-in-law, of the property and that they will be developing the property into commercial businesses. Marv Blomquist is the engineer employed to perform the engineering and development of the plans for the area. They will be looking at locating some type of grocery store in this development along with the Family Dollar Store. They have signed a lease with the Family Dollar Store and are here to request that the alley between the Fire Department and their property be dedicated as a public roadway. Attorney Brammell stated there are different options, if the council chooses to consider doing anything, which can be considered by the City. We can consider opening the alleyway and give an easement to them or dedicate the property to public use with them to construct the road to city specifications. They would in turn dedicate the street back to the City, including some of their property. Mayor Bates stated that the Fire Department may have to use some of their parking places when dispatched for a run. Mr. Pearson and Mr. Blomquist stated they did not feel this would be a problem and that it could be made a part of the agreement if necessary. Fire Chief Lucas stated he has an issue with giving property away right up next to the building to anyone and that he feels parking will be an issue regardless of what is said. He stated that they use the alley for laying out hose, etc. Chief Lucas stated his biggest concern is with the traffic and safety issues for his firemen when going on or returning from runs. Mr. Blomquist stated he has considered a concrete barrier to filter into the Family Dollar Store, making the traffic one-way in and one-way out, and changing the parking style to angled instead of straight as less room is needed (35 feet versus 42 feet) for this type parking. Typically the Family Dollar Stores are required to be 80 feet wide with this one already only being figured at 65 feet wide. Mr. Blomquist stated he had some indication that this was a street previously. Attorney Brammell stated he has not researched and cannot answer. Discussion was held of possible solutions that would work for the Fire Department and the Family Dollar Store. Mr. Blomquist stated that construction could start on March 1st if everything gets approved satisfactorily to all involved.

Consensus of council was to dedicate the property between the Fire Department and the new development to public use and require the developers to install a curb between the properties with the entrance to be one-way from Depot Avenue and to change the parking to angled instead of straight to help pickup some needed space. Member Roberts stated he would like to see the revised plans before approving anything. Mayor Bates called a special meeting for Tuesday evening, December 19 at 6:30 p.m. to review and discuss these revisions. Mayor-Elect Jim Petitt asked if anyone had spoken with Chrysler and if the zoning requirements have been checked. The developer stated that they had not. Attorney Brammell reviewed the zoning requirements stating that if the property is zoned B-1 or B-2 a minimum side requirement of five feet must be met and if it is a B-3 zone there is no minimum requirement. Public Works Director William Smith stated that the developers may need to look at the drainage onto Bell Lane and install a larger pipe. They agreed to address the drainage.

Subject: Minutes - The minutes of the previous regular session held on November 13, 2006 were reviewed. Motion made by Member Roberts and seconded by Member Harris to approve the minutes as presented. All members present voted ‘Yea”.

Subject: Minutes - The minutes of the previous special session held on December 7, 2006 were reviewed. Motion made by Member Whitney and seconded by Member Ferguson to approve the minutes as presented. All members present voted ‘Yea”.

Subject: West Owen Street – In the absence of project manager Kriss Lowry, Mayor Bates reported that the closeout paperwork for the West Owen Street project has been sent to the State. The balance in funds is $6,051.97 which will require a revolving fund be set up. Motion by Member Whitney and second by Member Ferguson to resolve to adopt the City of Eminence Revolving Fund Goals and Objectives, Organization and Operating Procedures, Eligibility Requirements, and Review, Selection and Approval of Proposed Projects and that the Mayor is authorized to sign the documents as necessary. All members present voted “Yea”.

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

Subject: Amendment to Net Profits/Occupational Tax Ordinance – Attorney Brammell held the second reading of an ordinance amending the net profits/occupational tax ordinance to change the basic business license from $50.00 yearly to $100.00 yearly and to allow for pro-ration of the business license fee. Discussion held to clarify the pro-ration as being on a monthly basis. Motion made by Member Ferguson and seconded by Member Whitney to adopt the ordinance as read and amended. All members present voted “Yea”.

Subject: Insurance Premium Tax Refund – Attorney Brammell held the second reading of an ordinance amending the insurance premium tax ordinance to set the standard of limitations at 18 months that we will make refunds and spelling out our documentation requirements for a refund to be made. Motion made by Member Harris and seconded by Member Whitney to adopt the ordinance as read. All members present voted “Yea”.

Subject: Mayor’s Update – Mayor Bates reported that the automotive and small engine repair shop being built by Tony Finch is progressing.

Mayor Bates reported that he has spoken with Charles Dickerson out of the EPA office in Florence, KY who indicated that the holdup is the sampling at the old bulk oil plant on West Owen Street. They require split sampling by the contractor and EPA and cannot seem to get together on this.

Mayor Bates reported that he is doing an executive order for every employee who will have vacation time left over on December 31, 2006 so they will not lose the time that they have been unable to take. Mayor Bates stated that most of the time untaken belongs to the Police Department. Member Harris asked how many police officers we have currently. Mayor Bates replied that we have six at the present time. Member Harris asked Major Simmons why he is retiring. Major Simmons responded he is retiring for personal reasons.

Subject: Resolution – Attorney Brammell reviewed the resolution adopting Plan I and electing to enter Plan II under the Kentucky Public Employees Deferred Compensation Authority. He recommended deleting the statement “on terms and conditions which Mayor Doug Bates determines are in the best interest of the City of Eminence, Kentucky” from the seventh paragraph. Motion made by Member Roberts and seconded by Member Ferguson to adopt the resolution as amended. All members present voted “Yea”.

Subject: Interlocal Agreement with School – Mayor Bates reported that we need to update the interlocal agreement with the school for operation of the Community Center. Discussion held. Motion made by Member Whitney and seconded by Member Ferguson to authorize Mayor Bates to enter into the interlocal agreement with the school for operation of the Community Center for a two year period commencing January 1, 2007 through December 31, 2008 with the operational hours being set from 9:00 a.m. to 8:00 p.m. All members present voted “Yea”.

Subject: Meeting Change – Member Stephens suggested changing the monthly city council meeting from 6:00 p.m. to 6:30 or 7:00 p.m. Consensus of council to let the new city council make the decision on this, but to authorize Attorney Brammell to proceed with preparing an ordinance for first reading at the January meeting so it will be ready should new council wish to make the change.

Subject: Eminence Tomorrow – Main Street Director Jennifer Watson reviewed the monthly activity report with council.

Ms. Watson reported that the Light up Eminence was a success and thanked the Henry County Local for the great coverage.

Ms. Watson reported that the new holiday banners are in and have been put up by the Public Works Department.

Ms. Watson reported that New Castle’s Main Street Manager has requested that we participate in an open house with a decorated tree and that she plans to do so on behalf of the City.

Member Stephens asked about the Main Street funding. Ms. Watson reported that the time to apply is now and that she is starting a new caboose project. She commented that this is a very competitive grant, but that lots of cities are going out of the Main Street Program which will leave more for the ones who remain.

Ms. Watson reminded council that January is re-certification month for the Main Street Program.

Subject: Police Department Report – Major Rick Simmons reviewed the monthly activity report with council. Member Harris stated he had heard that firearms had been discharged in the City limits. Major Simmons stated that Officer Rankin made the run with arrests being made of three teenagers. Member Whitney stated she had heard a rumor about a gang calling themselves the Blue Bandanna Crypts. Major Simmons stated this is being dealt with.

Subject: Public Works Department Report – Public Works Director William Smith, reviewed the monthly activity with council. Mr. Smith reported that the engineers should be presenting a final pay request to us shortly on the North Main pump project.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported on the various receipts to date, including the receipt from the Commonwealth of KY of $6,569.00 for supplement to the employer share of health insurance costs based upon our participation in the State’s health insurance program. Ms. Doane reported that we have received $11,295.38 from our insurance company for the totaled 2006 Ford Explorer with them sending $10,559.62 directly to Ford Motor credit. She reported that we will be receiving $934.72 from the insurance company for the damaged equipment on the Explorer.

Subject: Fire Department Report – No report was made available from the Fire Department. Council asked about the audit and/or financial statements from the Fire Department. City Clerk Doane stated we have not received any information from them regarding either. Motion made by Member Ferguson and seconded by Member Whitney to rescind the previous motion to authorize the City auditors to perform an audit of the Fire Department. On a call of vote by Mayor Bates, voting “Yea” were Members Whitney and Ferguson. Voting “Nay” were Members Stephens and Harris. As a tie vote existed, Mayor Bates had to vote. Mayor Bates voted “Nay” allowing the motion to fail.

Subject: Community Center Report – Mayor Bates reviewed the monthly Community Center report with council. Mayor Bates reported that the regular meeting of the Board is the first Thursday of every month.

Subject: Property Ordinance Enforcement – Member Stephens asked Mayor Bates if he had contacted the County Attorney on the Koenigstein house on King Street. Mayor Bates stated he had not as he felt it was probably better to wait for the new administration to do this as it may require court appearances.

Subject: Dogs – Citizen James Fowler asked what could be done about stray dogs in town. He stated a pack of dogs had killed three of his cats and that Chief Hadden had come down and contacted the dog catcher. The dog catcher was summoned, but nothing has happened. Mr. Fowler stated the dog catcher wants him to catch the dogs. Member Stephens said to call the Humane Office in Louisville if he can’t get it resolved locally. Mr. Fowler stated he will shoot the dogs if necessary to protect his property.

With no further business to be discussed, motion made by Member Harris and seconded by Member Whitney to adjourn. All members present voted “Yea”. Meeting adjourned at 8:10 p.m.

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