CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
September 21, 2009

(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, Sandra Leonard, Stuart Miles, Mike Scott, Alan Simon, and Sandra Tucci; Acting City Attorney Frank Chuppe; City Administrator Ann Simms; Police Lieutenant Dennis Wine; Recording Secretary Debra Skaggs; Court Reporters Rose Mary Kithcart and Sherri Perretta.

Mayor Eberle called the meeting to order at 7:00 p.m.  

APPROVAL OF MINUTES:

Council Member Alan Simon moved approval of the minutes of the regular City Council Meeting of August 17, 2009; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted the most significant recent event was the community workday conducted by the Putney Pond and Woodlands Advisory Committee on Saturday, September 19 th to place mulch and wood chips on the trails in Putney Pond's Woodland area.   Committee Chair Linda Wardell and Council Liaison to the Committee Stuart Miles headed up the planning; Earthbound Tree and Landscaping owner Grayson Shiprek assisted with event coordination, contribution of trucks, equipment, mulch and professional labor; and a contingent of Scouts from Boy Scout Troop 30 of The Temple on U.S. 42 combined with local community volunteers from across the city to make the hiking trails safer and more attractive for visitors to our newly acquired natural area.  

Financial updates for the end of August in the current fiscal year were distributed.   Mayor Eberle noted that the annual audit of the city's financial records for the 2008-2009 fiscal should be available by the October City Council Meeting.  

Mayor Eberle noted several upcoming city-wide events and celebrations including:   the annual pre-Halloween Pun'kin Paint'in event on Sunday, October 25 th at the Cowley Open Space Park area from 2:30 to 5:00 p.m.; the 2 nd Annual Prospect Arborfest on Saturday, October 31 st at the City Hall Park area from 9:00 a.m. to 12:00 noon; the Annual Mayor's Beautiful Day on Saturday, October 31 st at the City Hall parking lot area from 9:00 a.m. to 12:00 noon; and the Reading Center's Fall Book Sale from Thursday, October 29 th through Saturday, October 31 at the Falk Reading Center on the second floor of City Hall.     

Finally, the Mayor noted that the Public Meeting to introduce initial planning results from the Prospect Transportation/Mobility Study will be held from 5:30 - 7:30 p.m. on Thursday, October 8 th at the Harrods Creek Fire Department Station House on U.S. Highway 42 in Prospect.   The study has been made possible through a grant from the Kentuckiana Regional Planning and Development Agency awarded to the Qk4 Engineering, Architecture and Planning firm.   All residents and business owners are encouraged to attend.   An opportunity will be provided to review and comment on plans as developed under the study which presents alternatives and proposals to enhance connectivity for both residential and commercial areas of the city.  

POLICE REPORT:

Police Lieutenant Dennis Wine presented the Council with the monthly police report.   He noted that the Police Department was investigating four recent incidents of criminal mischief which resulted in damage to property.  

On Tuesday, September 15 th the Police Department presented a Self-Defense Class for Women.   The class was conducted by Officers Heather Loeser and Mike Thomas.   Seventeen women of varying ages attended and the event was a clear success.

On Friday, September 18 th , the Police Department participated in the annual

"Transportation Day" held at the St. Francis Pre-School.   Various other agencies participated including Louisville Gas & Electric and the Harrods Creek Fire Department.   It provided an opportunity for the various agencies to talk about safety issues for school children.    

NEW BUSINESS:

Mayor Eberle introduced Mark Adams, Professional Engineer with Qk4 Engineering Architecture and Planning to bring the Council current regarding the design and location of the access road to the Putney Pond and Woodlands Natural Area.   Mr. Adams noted that since the August 17 th City Council Meeting he and his firm had conducted final reviews of alternative plans for the access road, met with the Putney Pond and Woodlands Advisory Committee, and discussed a possible City Council Resolution with Mayor Eberle.   Mr. Adams once again confirmed Alternative 6B as the best plan in that it offers greater protections from liability issues for the city, minimizes the amount of land involved in taking for right-of-way, and provides more options for the future of the property.   Discussion followed among members of the City Council and from resident landowner Ms. Paula Sisson.  

Council Member Alan Simon moved approval of CITY OF PROSPECT RESOLUTION NO. 3, SERIES 2009: A RESOLUTION APPROVING THE LOCATION AND DESIGN OF A ROAD FOR VEHICULAR ACCESS TO THE PUTNEY POND AND WOODLANDS NATURAL AREA.   Council Member Sandra Leonard seconded the motion.   Discussion followed. Passed unanimously.  

Mayor Eberle noted that a second proposed resolution involved the approval of expenditure of funds from unallocated reserves for the repair and restoration of the concrete spillway on the earthen dam creating Putney Pond.   The city's geotechnical engineer, Peggy Hagerty Duffy, had recommended T & C Contracting of Louisville for the necessary work on the spillway.   Their proposal for the work reflected a cost of $19,900.   This proposal comes in under the amount for which the state requires a formal bid process.   In that the urgency of the repairs and restoration of the spillway became apparent only recently, they are of an emergent nature and should be completed as soon as possible.   As such, the repairs and restoration were not anticipated or included in the 2009-2010 fiscal year budget.   Therefore, the Mayor has decided to request a City Council Resolution to authorize the expenditure.       

Council Member Alan Simon moved approval of CITY OF PROSPECT RESOLUTION NO. 4, SERIES 2009: A RESOLUTION AUTHORIZING EMERGENCY REPAIRS AND RESTORATION OF THE SPILLWAY ON CITY PROPERTY AT THE PUTNEY POND AND WOODLANDS NATURAL AREA.   Council Member Sandy Tucci seconded the motion.   Discussion followed. Passed unanimously on a roll call vote.

            Council Member Stuart Miles commended the hard work of the volunteers who participated in the Putney Pond and Woodlands Community Workday.   He extended a particular thank you to Mr. Grayson Shiprek of Earthbound Tree Service, LLC and his three employees who provided such considerable efforts for the day and the success of the event.  

UNFINISHED BUSINESS:

Mayor Eberle noted that two proposed ordinances (Ordinance Nos. 497 and 498, Series 2009) were originally introduced on first reading at the June 2009 City Council Meeting and   were tabled at the July 2009 City Council Meeting.   Two ordinances which cover the same subject matter have since been introduced replacing Ordinances 497 and 498.   On the advice of City Attorney Grover Potts, the City Council is requested to lift ordinances 497 and 498 from the table and take action.  

Council Member Sandy Tucci moved and Council Member Alan Simon seconded a motion to lift Ordinance 497 from the table, motion passed unanimously.   Ordinance 497 moved to second reading, a vote on the ordinance was called for and Ordinance 497, Series 2009 was rejected on a unanimous roll call vote.    

Council Member Alan Simon moved and Council Member Loretta Ertel seconded a motion to lift Ordinance 498 from the table, motion passed unanimously.   Ordinance 498 moved to second reading, a vote on the ordinance was called for and Ordinance 498, Series 2009 was rejected on a unanimous roll call vote.

Council Member Loretta Ertel gave SECOND READING to ORDINANCE 500, SERIES 2009: AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO DEER.   Seconded by Council Member Alan Simon.   Discussion followed.   Passed unanimously on a roll call vote.      

ADJOURNMENT:

Council Member Alan Simon moved to adjourn; Council Member Sandra Leonard seconded; passed unanimously.  

Mayor Eberle declared the meeting adjourned at 8:16 p.m.  

Respectfully submitted,
Debra Skaggs
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
ßß City Clerk