CITY OF PROSPECT
SPECIAL CITY COUNCIL MEETING
MINUTES
February 9, 2011ß
(A complete transcript of this meeting is available at City Hall and on the City's Web Site, http://www.prospectky.com )
ATTENDANCE:
Present: Mayor Todd Eberle; Council Members Loretta Ertel, Stuart Miles, Mike Scott, Alan Simon and Sandy Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Carola Strijek.
Absent: Council Member Sandra Leonard.
CALL OF SPECIAL MEETING:
Mayor Eberle called the Special Meeting to order at 6:30 p.m. Notice provided under Kentucky Revised Statutes section 83A.130 (11). Mayor Eberle advised those present that there are two items on the Special Meeting agenda:
The meeting is a Special Council Meeting and therefore, discussion, comments and any decisions must be limited to the special items set out in the agenda.
Variance to Sign Ordinance Mayor Eberle noted that Jim and Marilyn Lehrer, owners of Brownsboro Hardware and Paint, are in the process of opening a hardware store in the Prospect Point Shopping Center. They applied for a sign permit from the City of Prospect. The City declined to issue the permit as the proposed sign did not comply with Prospect's ordinance regarding sign regulations and standards at Code of Ordinances Section 157.26(B)(2). The denial of the permit has been appealed to the Prospect City Council under Code of Ordinance Sections 157.55 and 157.56 which provide for variances from the sign ordinance by City Council.
Mayor Eberle introduced Jim Lehrer. Mr. Lehrer noted that his business wished to build a brand with a logo and that location of the business established a logo which is currently in use. The proposed sign for Prospect Point is a backlit sign which replicates the sign at the established location. The proposed sign is four feet, eight inches tall. The ordinance's maximum height for backlit individual business identification signs in retail/shopping centers is three feet. Channel lettered signs in those locations are allowed to be six feet in height. Photos of the proposed sign were distributed.
Mayor Eberle then introduced Mike Carpenter, Manager of Prospect Point Shopping Center. Mr. Carpenter noted that the shopping center had added an architectural element as a backdrop for the proposed sign and that a complementary architectural element will be added to balance the facade at the other end of the shopping center. Prospect Jewelers is planning to move to that location. Discussion was had with participation by all Council Members present, Mayor Eberle, City Administrator Simms and City Attorney Potts. Mayor Eberle called for a roll call vote. The request for variance was denied on a 3-2 vote of the Council with Miles, Simon and Tucci voting against the variance and Ertel and Scott voting in favor of the variance.
Mayor Eberle noted Brownsboro Hardware and Paint opened on January 28, 2011 and he had granted a two-week variance for a temporary grand opening banner sign. The appeal of the permanent sign permit denial to the City Council and the subsequent fabrication of the permanent sign by a sign company have necessarily delayed the signage process. Mayor Eberle asked the Council for approval of an extension of the temporary banner sign time frame until such time as a permanent sign can be constructed and installed. Council Member Simon moved for approval of the extended time for a banner sign. Council Member Tucci seconded. Motion passed unanimously of a voice vote.
Change in Insurance Premium Tax Rate Mayor Eberle then moved to the second agenda item, proposed Ordinance 510, Series 2011, " An Ordinance Amending Chapter 113 of the Code of Ordinances of the City of Prospect Relating to Insurance Company License Fees." He reminded those present that the proposed ordinance was introduced and discussed at the Regular City Council Meeting of January 10, 2011. The purpose of the present meeting is to restate the ordinance, to clarify issues surrounding the ordinance proposal, and to allow additional comment from Council Members and members of the public. Council Member Tucci read the proposed ordinance in its entirety. Mayor Eberle noted that the insurance company license fee is traditionally passed through by insurance companies to the customer and as such the fee becomes what is commonly referred to as the insurance premium tax. Insurance companies collect the fee from consumers and transfer the collections in lump sums to Kentucky cities on a quarterly basis. Reforms to the state enabling statute by the Kentucky General Assembly in the form of House Bill 524 have caused Prospect's receipts under the tax to drop significantly. House Bill 524 became effective on July 1, 2009 and city revenues under the tax have declined since that time. The proposed ordinance would change Prospect's rate on premiums from 5% to 7.5% with regard to lines of insurance other than life insurance. The rate applied to life insurance premiums would remain at 5%. It is hoped that the rate change would restore the revenue levels for the city to levels at or near what was received prior to the legislative changes which became effective July 1, 2009.
Discussion was had with participation by all Council Members present, Mayor Eberle, City Attorney Potts, and approximately eighteen citizens making comments both in favor of and in opposition to Ordinance 510. After each person requesting to be heard was allowed speak, Mayor Eberle thanked everyone present for their input and noted Ordinance 510 would be placed on the agenda for second and final reading at the February 21 st Regular City Council Meeting.
ADJOURNMENT:
There being no further business, Council Member Sandra Tucci moved adjournment; Council Member Stuart Miles seconded; passed unanimously on a voice vote.
Mayor Eberle declared the meeting adjourned at 9:07 p.m.
Respectfully submitted,
Ann Melton
Recording Secretary
Approved:
Todd B. Eberle
Mayor
ATTEST:
Ann R. Simms
City Clerk
February - 2011 - Special