CITY OF CARROLLTON
COUNCIL MEETING
CITY HALL
OCTOBER 22, 2007
7:00 P.M.
COUNCIL: KEVIN CRAIG
CHRISTEN BROCK
MIKE GORDON
NANCY JO GROBMYER
DAVID WILHOITE
DEAN MILLER JR
ATTORNEY FOR CITY: NICHOLAS MARSH
ASSISTANT CITY CLERK: SUSIE MCGEE
POLICE CHIEF: MICHAEL WILLHOITE
BUILDING INSPECTOR: JOHN WELCH @ 7:20 P.M.
UTILITIES MANAGER: BILL OSBORNE @ 7:05 P.M.
MAIN STREET DIRECTOR: SAM BURGESS
TEEN COUNCILMEMBERS: HALEY FRANKLIN
PRESS: MADISON COURIER/SARA DENHART
NEWS DEMOCRAT/SHARON GRAVES
CALL TO ORDER
THE MEETING WAS CALLED TO ORDER AT THE HOUR OF 7:00 P.M. BY MAYOR LOUDEN. MAYOR LOUDEN OFFERED AN INVOCATION, FOLLOWED WITH THE PLEDGE OF ALLEGIANCE.
RECOGNITION OF GUESTS
CARROLL COUNTY MAGISTRATE, DEAN MILLER SR, ASKED THE COUNCIL TO CONSIDER PLACING A "NO OUTLET" SIGN ON THE ALLEY LOCATED IN THE 900 BLOCK BETWEEN 5TH AND 6TH STREETS, WHICH DEAD ENDS. HE WAS REPRESENTING A RESIDENT THAT HAS PROPERTY ADJOINING THE ALLEY AT THE DEAD END WHERE CARS ARE HAVING TO TURN AROUND.
THE MOTION WAS MADE BY COUNCILMAN WILHOITE AND SECONDED BY COUNCILMAN GORDON AND DULY CARRIED TO PLACE A NO OUTLET SIGN ON THE ENTRANCE OF THE ALLEY IN QUESTION.
AYES 6 NAYS 0
APPROVAL OF MINUTES: REGULAR MEETING ON OCTOBER 8, 2007 AND
SPECIAL MEETING ON OCTOBER 19, 2007
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED COUNCILWOMAN GROBMYER AND DULY CARRIED TO APPROVE THE MINUTES AS PRESENTED.
AYES 6 NAYS 0
2ND READING: ORDINANCE #07-37: PEAK INTERLOCAL AGREEMENT TO ISSUE REVENUE BONDS NOT TO EXCEED $2,000,000,000
THE SECOND READING OF ORDINANCE #07-37, P.E.A.K. INTERLOCAL
AGREEMENT TO ISSUE REVENUE BONDS NOT TO EXCEED $2,000,000,000,
WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY
COUNCILMAN WILHOITE AND DULY CARRIED TO ACCEPT ORDINANCE #07-37
AS READ.
AYES 6 NAYS 0
DISCUSSION: RE-ZONING RECOMMENDATION FROM I-2 HEAVY INDUSTRIAL TO R-3 RESIDENTIAL
MAYOR LOUDEN ADVISED THE COUNCIL THE REASON FOR THE RECOMMENDED CHANGE IN THE ZONING IS BECAUSE, AT PRESENT, ALL THE AFFECTED RESIDENTIAL AND BUSINESS PROPERTIES ARE PRE-EXISTING, NON-CONFORMING AND NO CHANGES OR ADDITIONS CAN BE MADE TO ANY OF THESE PROPERTIES.
MAYOR LOUDEN ASKED IF ANY OF THE AFFECTED RESIDENTS IN THE AUDIENCE WOULD LIKE TO ADDRESS COUNCIL ON THE RECOMMENDED ZONING CHANGE.
GENE VANNARSDALL, OWNER OF GENE AND SONS, LOCATED AT 504 4TH ST VOICED HIS OPPOSITION TO THE RECOMMENDED CHANGE. MR. VANNARSDALL SAID TO CHANGE TO A RESIDENTIAL ZONE WOULD KILL THE SALE OF HIS BUSINESS IN THE FUTURE. MR. VANNARSDALL IS NOT OPPOSED TO A COMMERCIAL ZONE OR A LIGHT INDUSTRY ZONE.
MAYOR LOUDEN ASKED BOB YOUNG, CHAIR OF THE PLANNING AND ZONING COMMISSION, TO EXPLAIN THE COMMISSIONS DECISION FOR THE ZONING CHANGE. MR. YOUNG SAID THE 5 YEAR COMMPREHENSIVE PLAN, WHICH WAS ADOPTED BY THE COUNCIL, STATED A NEED FOR THE CHANGE. HE ALSO SAID THE DECISION MADE BY THE COMMISSION WAS NOT TAKEN LIGHTLY AND WAS BASED UPON CONSIDERATION OF THE MAJORITY OF THE AREA BEING RESIDENTIAL PROPERTIES.
COUNCILMAN GORDON ASKED IF A COMMERCIAL ZONE WOULD ALLOW FOR RESIDENTIAL ALSO.
JOHN WELCH, ZONING ENFORCEMENT OFFICER, SAID ALL THE COMMERCIAL ZONES ONLY ALLOW SECONDARY RESIDENTIAL USES TO THE PRIMARY USE OF COMMERCIAL.
CARROLL COUNTY MAGISTRATE, DEAN MILLER SR, REPORTED THAT THREE RESIDENTIAL PROPERTIES NEAR THE AREA ARE OWNED BY HIM AND SET IN THE FLOOD PLAIN SO NO IMPROVEMENTS ARE PLANNED.
AFTER DISCUSSION, THE DECISION WAS MADE TO SEND THE RECOMMENDATION BACK TO THE PLANNING AND ZONING COMMISSION TO FURTHER STUDY FOR A BETTER SOLUTION.
1ST READING: ORDINANCE #07-38: OVERRULING THE CITY OF CARROLLTON
PLANNING COMMISSION'S RECOMMENDATIONS TO AMEND THE ZONING MAP TO
RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY CLAY STREET ON
THE NORTH, FOURTH STREET ON THE EAST, THIRD STREET ON THE WEST,
AND POLK STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO R-3
RESIDENTIAL
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY
COUNCILMAN CRAIG AND DULY CARRIED TO HAVE THE FIRST READING OF
ORDINANCE #07-38.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-38, OVERRULING THE CITY OF CARROLLTON PLANNING COMMISSION'S RECOMMENDATIONS TO AMEND THE ZONING MAP TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY CLAY STREET ON THE NORTH, FOURTH STREET ON THE EAST, THIRD STREET ON THE WEST, AND POLK STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO R-3 RESIDENTIAL, WAS READ BY ATTORNEY NICHOLAS MARSH.
SECOND READING NOVEMBER 12, 2007
MAYOR LOUDEN ADVISED COUNCIL THE NEXT TWO AMENDMENTS TO THE ZONING MAP ARE TO CLEAN UP THE CITY’S MAP, MAKING IT COMPLIANT WITH THE FLOOD PLAIN MAP FROM FEMA.
1ST READING: ORDINANCE #07-39: AMENDING THE ZONING MAP TO RE-ZONE
CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET TO THE
EAST, SECOND STREET ON THE WEST, CLAY STREET TO THE NORTH, AND
TAYLOR STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO FLOOD
PLAIN
THE MOTION WAS MADE BY COUNCILMAN CRAIG AND SECONDED BY
COUNCILMAN GORDON AND DULY CARRIED TO HAVE THE FIRST READING OF
ORDINANCE #07-39.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-39, AMENDING THE ZONING MAP
TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET
TO THE EAST, SECOND STREET ON THE WEST, CLAY STREET TO THE
NORTH, AND TAYLOR STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL
TO FLOOD PLAIN, WAS READ BY ATTORNEY NICHOLAS MARSH.
SECOND READING NOVEMBER 12, 2007
1ST READING: ORDINANCE #07-40 AMENDING THE ZONING MAP TO RE-ZONE
CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET TO THE
WEST, CLAY STREET ON THE NORTH, FOURTH STREET ON THE EAST, AND
POLK STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO FLOOD
PLAIN
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY
COUNCILMAN WILHOITE AND DULY CARRIED TO HAVE THE FIRST READING
OF ORDINANCE #07-39.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-40, AMENDING THE ZONING MAP
TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET
TO THE WEST, CLAY STREET ON THE NORTH, FOURTH STREET ON THE
EAST, AND POLK STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO
FLOOD PLAIN, WAS READ BY ATTORNEY NICHOLAS MARSH.
SECOND READING NOVEMBER 12, 2007
DISCUSSION: RECOMMENDED RE-ZONING OF AREA BOUNDED BY 4TH STREET
ON EAST, EXTENDED 3RD STREET TO WEST, POLK STREET TO NORTH AND
TAYLOR STREET TO SOUTH FROM I-2 HEAVY INDUSTRIAL TO I-1 LIGHT
INDUSTRIAL
MAYOR LOUDEN ASKED BARRY BROWN, OWNER OF LAN INC., IF HE WISHED
TO ADDRESS COUNCIL ON THE PROPOSED ZONING CHANGE FOR HIS
FACTORY. MR. BROWN SAID HE WAS IN TOTAL AGREEMENT TO CHANGING
THE FACTORY TO LIGHT INDUSTRY.
1ST READING: ORDINANCE #07-41: AMENDING THE ZONING MAP TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET TO THE WEST, POLK STREET ON THE NORTH, FOURTH STREET ON THE EAST, AND TAYLOR STREET ON THE SOUTH FROM 1-2 HEAVY INDUSTRIAL TO I-1 LIGHT INDUSTRIAL
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILWOMAN GROBMYER AND DULY CARRIED TO HAVE THE FIRST READING OF ORDINANCE #07-41.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-41, AMENDING THE ZONING MAP TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY THIRD STREET TO THE WEST, POLK STREET ON THE NORTH, FOURTH STREET ON THE EAST, AND TAYLOR STREET ON THE SOUTH FROM I-2 HEAVY INDUSTRIAL TO I-1 LIGHT INDUSTRIAL, WAS READ BY ATTORNEY NICHOLAS MARSH.
SECOND READING NOVEMBER 12, 2007
DISCUSSION: RECOMMENDED RE-ZONING FROM C-3 COMMERCIAL TO R-2 RESIDENTIAL
MAYOR LOUDEN ASKED PAUL KEMPER, OWNER OF THE PROPERTY IN QUESTION, IF HE WISHED TO ADDRESS THE COUNCIL.
MR. KEMPER CALLED ATTENTION TO AN ARTICLE IN THE LANE REPORT HE HAD HANDED OUT TO COUNCIL. THE CITY OF VERSAILLES, KENTUCKY HAD DOWNZONED A PROPERTY CAUSING THE DIMINUTION OF THE VALUE WHICH COULD MAKE THE CITY LIABLE FOR THE PROPERTY OWNERS' LOSS.
MR. KEMPER ALSO MENTIONED HE BOUGHT THE PROPERTY BECAUSE IT WAS COMMERCIAL WITHOUT KNOWLEDGE THE CITY MIGHT RE-ZONE IT.
CARROLL COUNTY MAGISTRATE DEAN MILLER, SR. SPOKE UP AND CONCURRED, THAT IF THIS RECOMMENDED RE-ZONING WENT THRU, MR. KEMPER WOULD LOSE MONEY ON THE PROPERTY.
BOB YOUNG, CHAIRMAN FOR PLANNING AND ZONING, ADVISED COUNCIL THERE WERE SEVERAL RESIDENTIAL PROPERTY OWNERS IN ATTENDANCE THAT OWNED PROPERTY DIRECTLY ACROSS FROM MR. KEMPER'S PROPERTY. THESE RESIDENTS VOICED THEIR DESIRE FOR THE CHANGE.
JEFF FREMIN, PLANNING AND ZONING MEMBER, ASKED MR. KEMPER IF HE COULD PROVIDE PROOF THIS CHANGE WOULD AFFECT THE RE-SALE VALUE OF THE PROPERTY. MR. FREMIN WENT ON TO SAY, HE HAD CHECKED THE PROPERTY VALUE WITH THE PROPERTY VALUATION AND THE PROPERTY WAS VALUED AT $132,000 AS ZONED. THE RESIDENTIAL PROPERTY IS GOING FOR $10,000 A QUARTER ACRE, WITH THE 3.5 ACRES NOW IN QUESTION THAT WOULD MAKE IT WORTH $140,000 AS RESIDENTIAL.
MR. KEMPER SAID A QUALIFIED APPRAISER COULD SHOW THE DIMINUTION OF THE VALUE, IF CHANGED TO RESIDENTIAL.
COUNCILMAN MILLER SAID IT WAS HIS OPINION THE RECOMMENDED ZONING CHANGE SHOULD BE REJECTED. MR. MILLER SAID HE FELT THERE WAS NOT ENOUGH EVIDENCE FOR THE CHANGE AND MR. KEMPER PURCHASED THE PROPERTY BECAUSE OF THE COMMERCIAL DESIGNATION.
AFTER DISCUSSION, THE DECISION WAS MADE TO SEND THE RECOMMENDATION BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER CONSIDERATION.
1ST READING: ORDINANCE #07-42: OVERRULING THE CITY OF CARROLLTON PLANNING COMMISSIONS RECOMMENDATIONS TO AMEND THE ZONING MAP TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY CITY PROPERTY (OLD RAILROAD TRACKS) TO THE NORTH, GILLOCK AVENUE ON THE SOUTH, DAVID SEARCY PROPERTY ON THE EAST, AND DENNIS WALLACE PROPERTY ON THE WEST FROM C-3 COMMERCIAL TO R-2 RESIDENTIAL
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILWOMAN BROCK AND DULY CARRIED TO HAVE THE FIRST READING OF ORDINANCE #07-42.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-42, OVERRULING THE CITY OF CARROLLTON PLANNING COMMISSIONS RECOMMENDATIONS TO AMEND THE ZONING MAP TO RE-ZONE CERTAIN PORTIONS OF THE AREA BOUNDED BY CITY PROPERTY (OLD RAILROAD TRACKS) TO THE NORTH, GILLOCK AVENUE ON THE SOUTH, DAVID SEARCY PROPERTY ON THE EAST, AND DENNIS WALLACE PROPERTY ON THE WEST FROM C-3 COMMERCIAL TO R-2 RESIDENTIAL, WAS READ BY ATTORNEY NICHOLAS MARSH.
SECOND READING NOVEMBER 12, 2007
DISCUSSION OF ELIMINATING POLICE POSITION OF CAPTAIN AND ADDING
POSITION OF ASSISTANT CHIEF OF POLICE
MAYOR LOUDEN ADVISED THE COUNCIL WHEN RONNIE CULVER HAD RETIRED, THE POSITION OF CAPTAIN WAS NOT FILLED BECAUSE HE WOULD LIKE TO SEE IT ELIMINATED. THE MAYOR WOULD THEN LIKE TO SEE THE POSITION OF ASSISTANT CHIEF OF POLICE ADDED.
AFTER DISCUSSION, THE DECISION WAS MADE TO ELIMINATE THE POSITION OF CAPTAIN AND ADD THE POSITION OF ASSISTANT CHIEF OF POLICE.
1ST READING: ORDINANCE #07-43: AMEND CARROLLTON EMPLOYMENT HANDBOOK, CLASSIFICATION PLAN: POLICE DEPT: ELIMINATE POSITION OF POLICE CAPTAIN
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN WILHOITE AND DULY CARRIED TO HAVE THE FIRST READING OF ORDINANCE #07-43.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-43, AMENDING CARROLLTON EMPLOYMENT HANDBOOK, CLASSIFICATION PLAN, POLICE DEPARTMENT, ELIMINATING THE POSITION OF POLICE CAPTAIN.
SECOND READING NOVEMBER 12, 2007
1ST READING: ORDINANCE #07-44 AMENDING CARROLLTON EMPLOYMENT HAND-BOOK: CLASSIFICATION PLAN: POLICE DEPARTMENT: ADDING THE POSITION OF ASSISTANT CHIEF OF POLICE AND JOB DESCRIPTION
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY COUNCILMAN WILHOITE AND DULY CARRIED TO HAVE THE FIRST READING OF ORDINANCE #07-44.
MAYOR LOUDEN ASKED CHIEF WILLHOITE IF HE HAD ANY REVISIONS TO THE JOB DESCRIPTION FOR THE ASSISTANT CHIEF OF POLICE AFTER THE COUNCIL RECEIVED IT IN THEIR PACKETS.
CHIEF WILLHOITE SAID COUNCILMAN GORDON HAD STOPPED IN AND DISCUSSED A COUPLE OF CHANGES TO THE DESCRIPTION. HE HAD ALSO HEARD FROM COUNCILMAN WILHOITE, BUT HE WAS WAITING TO MAKE THE CHANGES UNTIL HE HEARD FROM THE REST OF THE COUNCIL.
NO OTHER CHANGES WERE MENTIONED BY COUNCIL.
CHIEF WILLHOITE ADVISED COUNCILMAN GORDON WANTED TO CHANGE THE WORDING ON THE “PERFORMS FUNCTIONS THAT INCLUDE THE TRAINING, EVALUATION AND DISCIPLINE OF THE DEPARTMENT OFFICERS”. THE REVISION WOULD READ “ PERFORMS FUNCTIONS THAT INCLUDE THE TRAINING, AND MAKES RECOMMENDATIONS FOR EVALUATION AND DISCIPLINE OF DEPARTMENT OFFICERS” BOTH UNDER EXAMPLES OF DUTIES AND DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES.
AFTER DISCUSSION, THE DECISION WAS MADE TO MAKE THE CHANGE SUGGESTED BY COUNCILMAN GORDON.
ATTORNEY MARSH ASKED FOR AN AMENDED MOTION IN REGARDS TO THE JOB DESCRIPTION CHANGES TO HAVE THE FIRST READING.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN GORDON AND DULY CARRIED TO AMEND THE FIRST READING OF ORDINANCE #07-44 (IN REGARDS TO THE JOB DESCRIPTION.)
AYES 6 NAYS 0
MAYOR LOUDEN CALLED FOR A VOTE ON THE AMENDED MOTION
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #07-44, AMENDING CARROLLTON EMPLOYMENT HAND-BOOK, CLASSIFICATION PLAN, POLICE DEPARTMENT, ADDING THE POSITION OF ASSISTANT CHIEF OF POLICE AND JOB DESCRIPTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
MAYOR’S REPORT
BID OPENINGS: DICK’S GUT PROJECT
MAYOR LOUDEN ADVISED COUNCIL BID OPENINGS FOR THE DICK’S GUT PROJECT WERE HELD FRIDAY, OCTOBER 19, 2007 @ 11:00 A.M.
THE LOWEST BIDDER OF $ 64,990.35 WAS ASL EXCAVATION FROM FLEMINGSBURG, KY.
THE MAYOR ALSO ADVISED THE TOTAL PROJECT WAS ESTIMATED AT $85,000, WHICH IS NOT IN THE BUDGET. HE REMINDED THE COUNCIL, THE COUNTY HAS PLEDGED $60,000 TOWARDS THE PROJECT, WHICH WOULD LEAVE APPROXIMATELY $24,990.35 FOR THE CITY TO PAY.
MAYOR LOUDEN ASKED FOR A MOTION TO APPROVE THE BID FOR THIS PROJECT.
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY COUNCILMAN WILHOITE AND DULY CARRIED TO ACCEPT THE LOWEST BID OF $64,990.35 FROM ASL EXCAVATION.
AYES 6 NAYS 0
MAYOR LOUDEN ALSO ASKED FOR A MOTION TO APPROVE THE PROJECT AS A WHOLE.
THE MOTION WAS MADE BY COUNCILMAN WILHOITE AND SECONDED BY COUNCILMAN CRAIG AND DULY CARRIED TO APPROVE THE DICK’S GUT PROJECT NOT TO EXCEED $85,000.
AYES 6 NAYS 0
CHAMPIONS FOR DRUG FREE CARROLL COUNTY
MAYOR LOUDEN REMINDED THE COUNCIL THERE WOULD BE A MEETING OF "CHAMPIONS FOR DRUG FREE CARROLL COUNTY" AT THE LIBRARY ON THURSDAY, OCTOBER 25, 2007, AT 11:00 A.M. IF ANY OF THE COUNCIL IS PLANNING ON ATTENDING, THEY NEED TO LET JEFF FREMIN KNOW BECAUSE LUNCH WILL BE SERVED.
REMINDER: SMALL BUSINESS SEMINAR – THURSDAY, OCTOBER 25, 2007 FROM 8:00 – 12:00 AT GENERAL BUTLER STATE PARK
PROJECT COMFORT
MAYOR LOUDEN INVITED COUNCIL TO HELP WITH “PROJECT COMFORT” ON SATURDAY, OCTOBER 27, 2007 AT FIRST BAPTIST CHURCH. “PROJECT COMFORT” IS A GROUP THAT HELPS WITH SMALL HOME REPAIRS AND WINTERIZATION.
COMMENTS
COUNCILMAN WILHOITE SAID HE HAD RECEIVED A LOT OF COMPLIMENTS FROM THE BASS TOURNAMENT THIS WEEKEND ON POINT PARK AND OUR TOURISM COMMISSION.
ADJOURNMENT
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO STAND IN ADJOURNMENT AT THE HOUR OF 8:56 P.M.
AYES 6 NAYS 0
ATTEST:
___________________________ ______________________________
DWIGHT D. LOUDEN, MAYOR SUSIE MCGEE, ASST CITY CLERK