Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, August 13, 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, Richard Thomas, Jr., Drane Stephens, Shawn Bright, Treva Browning, and Danny Meadows. Absent was none.

Mayor Petitt called the meeting to order at 6:15 p.m. Mayor Petitt reminded individuals present that they must be on the agenda in order to speak.

Subject: Geoff Davis Representative – Samantha Southard, representative of Geoff Davis’s office was present to review some of the resources available to the City and its citizens. They can assist with federal agencies. Ms. Southard reported that she will be leaving this month. Her replacement will be Kristina Poole, who was supposed to be here tonight but was unable to due to a family emergency.

Subject: Zone Change Request – Carroll Yates with Farmers Deposit Bank was present to request the City re-zone two acres plus or minus on a piece of property located on Highway 55 north from A-1 to B-2 which the bank has had for sale approximately a year. A zone change request has been presented to planning and zoning for the entire property with it being turned down by them at this time. There appears to be a 2-3 acre tract inside the city limits. Mr. Yates stated that the potential developers eliminated several uses to planning and zoning which they would not allow if the zone could be changed. He also stated there is no exact information on the planned commercial development for this area; however the existence of infrastructure is a positive factor on this end of the City. Member Meadows asked how we are to know the exact amount of acreage involved with this request. Mr. Yates stated they are not sure at this time and that a survey would be needed. Mr. Yates also stated that the east side of Highway 55 North is already commercial. Mayor Petitt reviewed a map from 1953 which shows some of this property in the city limits and that the City measured the distance by driving from the benchmark peg in the center of town out ½ mile which does confirm it to be in the city limits along with some other properties which have not been assessed accordingly.

Josh Clubb addressed council stating he was one of the potential purchasers along with Justin Atchison. Mr. Clubb stated they want to develop within Eminence and Henry County and feel that our population will increase and that only a limited amount of commercial property is available in Eminence. They would willingly allow annexation of the entire property into the city limits should the County approve the zone change request on the remainder of the property. They have stipulated to the planning commission that the zone change is contingent upon annexation into the City and the highway entrance permit. They will probably have to make highway modifications.

The Planning and Zoning Commission heard the request in June or July and denied it as being inconsistent with the comprehensive plan and the land on both sides of it in the Future Land Use are residential and that it does not comply with the comprehensive plan due to Map 7 showing part of that area being used as residential area and there is not evidence of major change, economic, physical or social activities in that area to allow such a change. Other findings included the lack of a detailed development plan showing traffic paths, position of buildings or entrances for all lots and no buffering. Mr. Clubb stated he disagrees with these findings as it is already B-1 on the other side of the road and he feels that significant changes of an economic nature have occurred.

Council asked numerous other questions about the creek on the front of the property, the traffic and entrance, lot sizes, potential businesses, etc. Mr. Yates stated he feels that we have a better chance of a caring development with two local people looking at this property than someone from out of the community.

Mr. Clubb stated that they have not personally talked to anyone about the location of any businesses on this property. Mr. Atchison may want to locate his own fencing business on the back of the property. Mayor Petitt stated he has had a developer contact him and that he has shown this property to them with them being interested in a 1-2 acre tract, but he is not at liberty to disclose any information at this time.

Bill Brammell, Teresa Patton, Russell Merker, Mary Merker (spoke on behalf of her mother and read a letter from Alice Newman), Kristi Tingle, and Evelyn Stivers were all present to express their concerns with changing the zone on this property and requested that council deny the zone change request. Some of the reasons were the uniqueness of the terrain and topography of the property which will require special planning to develop; the lack of buffers from the residential property; the lack of a development plan; the elevation; the lighting concerns; the noise factor; the traffic concerns, the drainage concern; the possible property value depreciation; the empty buildings downtown which need businesses in them; and the environmental impact on the area including air pollution.

Mr. Yates stated he understands all the concerns, but feels that most of the property is zoned A-1 which join this property. They would address all these concerns including bearing the cost of the turning lane and bridge if needed. He feels most of the empty buildings in the downtown area are in too much need of repair for any type of development and that there is no parking in downtown. The south end of the City is already designated as commercial, but is not for sale.

Mr. Clubb stated that a zone change was granted on Highway 55 South with very few stipulations as well as a change for Rose Hill, both of which were larger properties acreage wise than their request. Garland Frazier, planning and zoning commission member, stated that both of these requests had conceptual development plans so this is not a fair comparative and that the lay of the land is better than on the north end.

Council discussed the request at length and asked Attorney Brammell to review the council’s options for this request. Attorney Brammell stated we have the option on the portion within the city limits to override the planning and zoning recommendation; approve the planning and zoning recommendation; or do nothing which would allow the planning and zoning recommendation to stand. Member Thomas asked if this would come back to us after planning and zoning addresses again. Attorney Brammell stated they would have to re-apply on the two acres. The other area will go to the Fiscal Court for action.

Council expressed some concerns and encouraged a development plan be done for this property before a request can be adequately looked into. Motion made by Member Armstrong and seconded by Member Meadows not to act on the zone change request which would mean that the recommendation of the planning commission would stand by default. On a call of vote by Clerk Doane, voting “Yea” were Members Armstrong, Meadows, and Bright. Voting “Nay” were Members Browning and Thomas.

Subject: Request for Waiver of Sewer Impact Fee – Shawn Allen was present to request council waive his sewer impact fee for a home he is building on West Owen Street. Mr. Allen stated he requested to purchase one of the City’s lots on West Owen but was denied. Mr. Allen stated he was under the impression that West Owen Street residents were supposed to get the first opportunity to purchase these properties from the City. Mr. Allen stated the individual who purchased these properties offered less per property; but was the successful bidder since he bought all of the properties together. Mr. Allen stated since the City waived the impact fees for this developer that he feels he should also have a waiver as he is building a home on his own on this street which was within the focus of the re-development project. Mayor Petitt cautioned that we need to consider the impact on other requests for waivers depending on what the council decides. Member Meadows asked if Tony Tingle received waivers for his development. It was answered that he did for a portion of the development due to a contract with a previous developer. Attorney Brammell stated that the previous waivers were of a benefit to the City, and that he has concerns that we are setting a precedent if we allow this waiver. Doug Bates stated he understood that when the impact fees were put in they were for new development. Member Thomas stated that he offered to purchase two of the properties with no reason being given as to why he was turned down. Public Works Director Smith stated there are four more lots around the curve to be developed which will be brought back to council if a waiver is given. Mr. Smith stated that with exceptions being made we need to know what to charge. Mr. Allen stated the project was for development and that he used his own funds to do his property, but feels he needs to be considered a part of the project. Doug Bates stated there are very few lots left that are not new development. Attorney Brammell stated that we need to treat this as a policy decision not as individual decisions. Member Armstrong stated he wants to see something in writing on the original setup of the impact fees. Public Works Director Smith stated that all existing properties were given the opportunity to hookup to the sewer without a sewer impact fee when this was first implemented. Consensus of council to table this until the next meeting.

Subject: Minutes – The minutes of the previous regular session held on July 9, 2007 and the special session minutes from July 17, 2007 and July 23, 2007 were reviewed. Council requested a typographical change on the July 9, 2007 minutes and a correction to the person abstaining on the July 23, 2007 minutes. Motion made by Member Meadows and seconded by Member Bright to adopt the minutes as corrected. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Amendment to Personnel Policy – Attorney Brammell held the second reading of an ordinance amending the City’s personnel policy as pertains to random drug testing of employees. Motion made by Member Meadows and seconded by Member Thomas to approve the amendment as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Garbage Franchise Resolution – City Clerk Doane stated that the previous garbage franchise resolution may need to be amended prior to bidding. The City’s guarantee number of residential customers needs to be changed from 950 to 850 and paragraph C needs to be clarified further as pertains to businesses which are allowed to have curbside pickup versus having to have a dumpster. Attorney Brammell read the sections of a resolution which would amend the previous resolution for a garbage franchise. Motion by Member Meadows and seconded by Member Armstrong to adopt the resolution amending the prior resolution to reduce the number of guarantee residential customers to 850 and adding clarifying information on commercial service. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Eminence Festival – Member Shawn Bright reported on the Music on Main activities. The Backyard Bounce provider was originally being charged $25.00 to set up and then charging $1.00 per child to participate. The committee has decided to pay Backyard Bounce $100.00 per month with no charge being passed onto the kids. This seems to be working out better, especially for the parents. The Church’s fish fry was a huge success. Leo Mason will provide the entertainment next month. Member Bright commended Kelly Mathis for all her hard work and requested other council member assistance if we decide to continue with this into October. It was discussed that the Renaissance Faire will be doing something for Halloween.

Subject: Police Department Report – Mayor Petitt read a letter from Smithfield Mayor Kenny Baker thanking us for continuing to patrol their City each day. Chief Duncan stated he is doing this before and after his shifts. Chief Carey Duncan reviewed the monthly activity report with council. Chief Duncan reported that there were a few arrests during the Backyard Throw Down held by Apollo Choppers.

Subject: Property Ordinance Enforcement Report – Chief Duncan gave a status report on properties being reviewed for property ordinance violation during the month of July.

Subject: Body Armor Program – Attorney Brammell read a resolution authorizing the Mayor to execute any and all paperwork necessary on behalf of the City of Eminence to participate in the Body Armor Program. The grant amount is $6,639.96. Motion made by Member Meadows and seconded by Member Thomas to adopt the resolution as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activities with council. Reported they have repaired streets damaged by the garbage trucks, however the streets are already getting damaged again. Mago is expected anytime to pave Maple Avenue, Sulphur Avenue, Crabb Avenue and Henry Street. Mr. Smith reported they have removed the concrete behind the businesses on South Penn Avenue at Mason Drive and graded and graveled for a parking lot.

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 the annual 1-1/2% increase on the water and sewer rates which increased the minimum bill by .37 per month. This annual increase was put in two years ago to assist with annual increased cost of operations and maintenance of the system and also so that a large increase would not be necessary at any given time. Clerk Doane pointed out that money you see in various accounts of the water works are for long-term debt and required loan reserve accounts and cannot be used for general operations.

Ms. Doane presented council with the year end budget review stating that most everything came in under budget.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. Reported that one fireman was injured in a recent fire, however not as seriously as previously thought.

Clerk Doane reported on the question of why we need to have the separate liability insurance coverage which is paid for by the Fire Department. Clerk Doane stated per the City’s carrier, we would not have any emergency medical services coverage if we dropped the VFIS policy unless we get a separate quote for this from the City’s carrier. Our carrier recommended not cancelling the VFIS policy as the penalties to cancel and the increased cost to pick this service up on the City’s policy would probably be as much as just leaving it alone for this year. Consensus of council to proceed with getting a quote, but not to change at this time.

Subject: Community Center Report – Mayor Petitt reviewed the July Community Center report with council. Mayor Petitt stated Brian Raisor has resigned as the Director with no one hired to replace him yet. Council Member Meadows stated we need to stress no alcohol when renting the Center as this has created a problem for someone recently who did not know alcohol was not allowed.

Subject: Mayor’s Update – Mayor Petitt reported that the cleanup at the bulk oil plant on West Owen Street is in progress.

Mayor Petitt stated he has had two people interested in doing some grant writing for the City. He suggests approaching on a 5% fee to the writer upon successful grant receipt by the City and to mostly look at grants which authorize the fee out of the grant funds. Attorney Brammell stated we would need a contract if we proceed in order to make sure we do not create any employer/employee relationship.

Mayor Petitt reported that work on the Family Dollar Store is still scheduled to start anytime.

Mayor Petitt reviewed a bid he received from Earl’s Sealing in the amount of $3,150.00 to seal the trail. Member Meadows asked if this was budgeted. Mayor Petitt stated no, but we could probably do a line item change in order to accommodate the work if we choose. Member Bright suggested a committee to review the trail. Mayor appointed Members Armstrong, Bright and Meadows to serve on this committee. Member Meadows stated he must decline. Motion made by Member Armstrong and seconded by Member Browning to authorize proceeding with the work if deemed necessary by the committee. On a call of vote by Clerk Doane, all members present voted “yea”.

Subject: Louisville Gas & Electric Franchise – Attorney Brammell reported he has requested by letter that a representative from Louisville Gas & Electric contact him to setup a time to come and discuss this option with Council.

Subject: Shooting Range Request – Mayor Petitt reviewed with council a request from Louis Edday to install a shooting range on his property located at 227 Crabb Avenue. Mayor Petitt stated to his knowledge no change as been made at the Steel Technologies Range which would do away with our police being able to utilize it. Council tabled the request until our ordinance and planning and zoning requirements could be checked.

Subject: Property Tax Rates for 2007/2008 – Clerk Doane reviewed the 2007/2008 property tax rate calculations with council. Once again this year the personal property assessment is down. This creates a much higher rate on personal property with the calculated rate on personal property using the 4% allowed rate being .5567 per $100 assessment. Clerk Doane recommended taking the 4% allowed rate on real property at .28 per $100 assessment but keeping the personal rate the same as last year at .495 per $100 assessment and keeping the vehicle and watercraft rate at .266 per $100 assessment. Taking the 4% allowed real rate will lower the tax rate from .281 to .28 per $100 assessment. Attorney Brammell held the first reading of the tax rate ordinance setting the rates at .28 per $100 assessment for real property, .495 per $100 assessment for personal property and .266 per $100 assessment for vehicles and watercrafts. The public hearing will be held in September.

Subject: Ordinance Establishing Tax Rate for Abandoned & Blighted Property – Mayor Petitt reviewed an ordinance from the City of Covington which sets a higher tax rate for abandoned or blighted property. Mayor Petitt recommended adopting a similar ordinance and setting the rate at 5.0%. Council discussed pros and cons. Council gave consensus for Attorney Brammell to proceed with getting an ordinance written for committee review.

Subject: Holiday Decorations – Mayor Petitt requested permission to purchase holiday decorations. Mayor Petitt stated we have $6,000.00 in the budget for decorations and this is a good time to proceed with this if we plan to. Consensus for festival committee to proceed with handling this purchase if deemed appropriate.

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

Member Bright stated he would like for us to get the website more up to date. He will get with Clerk Doane to offer suggestions, etc.

With no further business to be discussed, motion made by Member Bright and seconded by Member Armstrong to adjourn. All members present voted “Yea”. Meeting adjourned at 9:23 p.m.

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