Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, May 14, 2007 at 6:15 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: George Armstrong, III, Shawn Bright, Treva Browning, Kelly Mathis, Danny Meadows and Drane Stephens. Absent were none.

Pledge of allegiance and moment of silence held with Mayor Petitt asking for special remembrance of employee, Terry Carson as he faces some medical problems.

Subject: Government & Economics Class (Project Citizen) – Students, Elizabeth Broughton and Samantha Moore, were present to discuss a proposal with the City to get the Eminence Swimming Pool open. As part of their government and economics class, they are required to participate in a project as a citizen to make or suggest changes which would benefit the community as a whole. Ms. Broughton addressed the council stating that there are not enough positive things for the youth to do which they feel leads to some of the gang violence. They conducted a survey of the sixth, seventh and eighth grades to see if the students would support the swimming pool if we can get it opened. The survey indicated that 321 students said yes and only 65 said no. Ms. Broughton stated she understands that we have budget income of approximately $900,000.00 and that they know it is too late to open the pool this summer, but feels that within two years perhaps it could be opened back up. She stated if we charge $3.00 a person to get in and average 50 people per day for six days a week that we would generate $2,700.00 over a three month period. Mayor Petitt stated that based upon current budget requests, he feels this is simply not a feasible option for the City. Member Mathis suggested that the students consider writing to the state requesting assistance to get our pool open. Member Meadows stated that the short time the pool can be open is also an issue to consider. Member Mathis also stated that the County may be working on opening a public pool in the near future and that not too many cities support a pool any more. Mayor Petitt informed the students that the City is working on an alternate form of recreation through the trails grant which will include a skateboarding and in-line skating trail around the perimeter of the 4.68 acres at the pool area. We hope to hear from the grant for this project soon. Mayor and Council thanked the students from coming and for their interest in our community.

Subject: Introduction of Police – Chief Carey Duncan introduced the police department staff to council.

Subject: Other Personnel – Mayor Petitt stated that he has hired Dustin Hamilton effective today as a new public works employee and will ask him to attend a meeting later for introduction to council. Mayor Petitt stated that current employee, Terry Carson, is in Philadelphia for medical reasons and will probably be off approximately two months.

Subject: Sale of Property – Mayor Petitt reviewed the history on the request from Harold Chisholm to purchase property from the City and that we had tentatively discussed the price of 35 cents a square foot with Mr. Chisholm to pay for the survey and any other expenses involved with the sale. Member Stephens asked why we were considering selling this land for a different price than we did the land we sold at the end of 2006 to Nathan Adams. Mayor Petitt stated that the difference is residential versus commercial, which is always for economic development, and that the price we used was consistent with other sales of the former railroad property. Attorney Brammell stated that prior to selling any property we must declare is as surplus, state the original purpose and why it is no longer feasible to own the property and must present a finding that the sale is beneficial to economic development in the City.

Motion made by Member Meadows and seconded by Member Armstrong to declare the property as surplus and the original purpose for the property was for recreational purposes and because of its location and its being contiguous with residential property it is no longer beneficial for its original purpose and that it is appropriate to sale the property and that selling the property would enhance economic development as it will allow the property to be placed back upon the tax rolls of the City of Eminence and that Mayor Petitt is authorized to sell the property to Harold and Joyce Chisholm for the price of 35 cents per square foot. On a call of vote by Clerk Doane, all members present voted “Yea”. Attorney Brammell stated that he has not received the metes and bounds description for use in generating the deed.

Mayor Comments – Mayor Petitt introduced Jerry Clark who is a member of the ethics committee.

Mayor Petitt reminded the public of the protocol for being on the agenda in order to address council.

Subject: Minutes – The minutes of the previous regular session held on April 9, 2007 and the special session minutes held on April 19, 2007 were reviewed. No additions or changes were made by council, so Mayor Petitt stated they would stand approved as presented.

Subject: Eminence Festival Update - Member Mathis reported that a committee meeting would be held immediately following this meeting to review the suggestions for naming our event. Ms. Mathis reported that she has two banners ready and waiting for the name. Reported that the children’s activities will be held in the grassy area between the Christian Church and the Treasures’ Flea Market building with the band to be set up on the other side of the Church next to Smith Realty. Ms. Mathis reported she has contacted some of the food businesses and will be contacting the remainder about doing food for the night. Hometown Pizza has agreed to do some pizza slices but cannot provide all the food needs. Chat-N-Nibble declined as this is one of their busiest nights of the week. Ms. Mathis reported that she does need individuals for booth rental. Member Meadows suggested that we make sure to check the proper electricity availability and amps needed for the booths and other activities. Ms. Mathis stated she is working with Todd Chesser with Kentucky Utilities on this and feels sure he will know what is needed. The date for our first festival is Friday, June 8th.

Subject: Fire Board Ordinance – Attorney Brammell held the second reading of an ordinance establishing a Fire Board for the City of Eminence and setting forth regulations for the operations of the Eminence Volunteer Fire Department. Motion made by Member Stephens and seconded by Member Meadows to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Personnel Policy Update (Fringe Benefits) - Attorney Brammell held the second reading of an ordinance updating the City’s personnel policy to add a new section called fringe benefits taxing policy. Motion made by Member Meadows and seconded by Member Browning to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council.

Subject: Property Ordinance Enforcement Report – Major Kemper and Chief Duncan gave a status report on the properties reviewed for violation during the month of April. Member Meadows stated he feels our ordinance creates an enforcement problem as it is written. Chief Duncan stated he cannot find any part of the ordinance which really addresses some of our concerns. Mayor Petitt stated we continually have to send letters over and over to the same people for the same problem. Attorney Brammell reviewed some of the issues at the time the ordinance was written and suggested that we replace the entire ordinance. Members Armstrong and Meadows agreed to serve on a committee with Mayor Petitt, Attorney Brammell and Chief Duncan to work on a replacement ordinance. Attorney Brammell stated he would work on getting model ordinances for our review. Mayor Petitt stated we need to come up with a way to handle abandoned and repossessed properties that are not being maintained.

Subject: Public Works Department Report – In the absence of Public Works Director William Smith, Mayor Petitt reviewed the public works department report with council. Reported that the Shawnee Road/Elmcrest water main extension is underway.

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.

Ms. Doane reported on other activities she has participated in on behalf of the City of Eminence and other ongoing projects she is working on within her department.

Subject: Fire Department Report – In the absence of Fire Chief Lucas, Member Danny Meadows reviewed the monthly activity report with council. Reported that all of the equipment from the grant has been received. Reported that the Chief is preparing a PowerPoint presentation for the Council on the new equipment.

Subject: Community Center Report – Mayor Petitt reviewed the April Community Center activity report with council. Mayor Petitt presented a written request from Brian Raisor to spend $600 for recreational equipment for the Center. It was suggested to also get chain basketball nets for the pool area. Member Meadows stated we could be creating a liability for ourselves using chains. Other members agreed. Motion made by Member Armstrong and seconded by Member Meadows to approve the request to spend $600 for recreational equipment for the Center. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Mayor’s Update – Mayor Petitt stated that an arrangement is still being worked out between the owner, Mr. Adams, and the individual who will be cleaning up the bulk oil plant on West Owen Street. Mayor Petitt stated that he has received word that both samples on the ground have come back clean.

Mayor Petitt stated that he still has not had any success with Mr. Hans Kallenberger in getting the large hole filled in on Elm Street.

Mayor Petitt reported that the beautification committee is meeting tonight and will be starting with their flower work soon. Rose Hill Greenhouses will be donating flowers. The committee would like to re-name themselves, perhaps the Eminence Garden Club.

Mayor Petitt reported that he been contacted about the Family Dollar Store and that they should be breaking ground in two weeks. They have not been able to get the property cleaned up.

Mayor Petitt stated that he has toured the Highland Renaissance area and the restaurant is under roof as of May 8th. He reported that by opening day, the group will have invested 1.5 million into this business. The faire is requesting permission to put up banners for location purposes with them to purchase and install the banners. Attorney Brammell stated this will also need to be approved through planning and zoning.

Mayor Petitt stated that we may have a potential for new businesses developing at the north end of town. Planning and zoning have been contacted for requirements. This will involve annexation and water and sewer hookups by the City. He will bring additional information to the council as it is received.

Mayor Petitt reported that Browning Pontiac will be hosting a “Veterans Appreciation Day” on May 26 between the hours of 11:00 a.m. and 3:00 p.m.

Subject: Garbage Franchise Resolution – Council reviewed the proposed garbage franchise resolution with several suggestions for changes being made. Attorney Brammell stated he would make the revisions discussed and bring back to the next meeting.

Subject: Sidewalk Obstruction Ordinance Interpretation – Mayor Petitt stated he would like to have an interpretation on our current ordinance that deals with sidewalk obstruction. Discussion followed. Consensus of council to interpret the ordinance that individual businesses may have items on the sidewalk and that no violation exists unless they are obstructing pedestrian traffic and that individual cases will be reviewed if a problem is deemed to be present and that good judgment and reason are to be used by individuals when they place items on the sidewalks.

Subject: Donation of Property – Mayor Petitt stated that he discussed with the owners of the commercial property on Penn Avenue which adjoins the City’s property about making the area behind them a public parking area. We would tear out the concrete slab, add gravel and eventually blacktop the area. The owners, Tom and Janice Shroyer and Bill and Lucille Wells, are willing to donate the property to the City on the condition that the City designate two to three parking spots as reserved for each of their tenants and that a 10-12 foot easement be given back to them allowing for the installation of stairs to the top floor apartments. Member Stephens stated that drainage is still a concern in this area and that he feels we will have to include drainage tile when we do this project. Motion made by Member Armstrong and seconded by Member Mathis to allow Tom and Janice Shroyer and Bill and Lucille Wells to have a 10-12 foot easement on the donated property for installation of stairs for their top floor apartments and to allow each property two to three reserved parking spots for their tenants as a condition for their donating the property to the City of Eminence for public parking. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Browning and seconded by Member Meadows to approve the warrants for payment as discussed. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Special Called Meeting – Mayor Petitt stated that he needs to call a special meeting for presentation of the budget message, budget ordinance, amended alcohol ordinance and possible other items prior to the end of May. Discussion held, with May 30th at 6:15 being decided upon as suiting the majority. Mayor Petitt stated he also needs to get the committee meetings set up which pertain to the alcohol ordinance and the budget. Discussion held. The police department budget committee of Members Browning, Meadows and Stephens will meet on Thursday, May 17 at 6:15 p.m. The full budget committee of Members Stephens, Bright and Browning will meet on Tuesday, May 29 at 6:15 p.m. and the alcohol ordinance committee will meet on Wednesday, May 16th at 9:00 a.m.

Member Stephens stated he has been asked by residents on Shadyview about what happened behind their homes to create the ruts. Tim Fitzgerald stated that we had originally received a complaint from one of the residents that we had not mowed as far down as we usually do and when we attempted to appease this person the tractor and bushhog sank and had to be pulled out leaving a mess behind. This will be straightened out, but probably not until it is no longer wet in this area.

Member Stephens stated he has also been asked if we have plans to cleanup and repair the tennis court. Mayor Petitt stated that no plans are in place to re-surface the courts, but that he does plan to re-set the poles and string the court.

Member Bright stated that he had received a complaint from Mr. LaFollette about property on Dobner Way as you go into Eminence Village which we had made some changes to which is now un-even. Tim Fitzgerald stated that we did re-seed the property, but can go back and level it out with dirt and re-seed again.

With no further business to be discussed, motion made by Member Bright and seconded by Member Stephens to adjourn. On a call of vote by Clerk Doane, all members present voted “Yea”. Meeting adjourned at 8:05 p.m.

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