CITY OF PROSPECT
CITY COUNCIL MEETING
April 16, 2007
(A complete transcript of this meeting is available at City Hall and on the City's Web Site, HTTP://www.PROSPECTKY.COM )
PRESENT:
Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Alan Simon, Sandy Tucci and Lee Zimmerman; City Attorney Grover Potts, City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Bruce Handy.
Mayor Eberle called the meeting to order at 7:30 p.m.
APPROVAL OF MINUTES:
Council Member Simon moved approval of the minutes of the regular City Council Meeting of March 19, 2007; Council Member Leonard seconded: passed unanimously.
COMMENTS FROM CITIZENS:
Harrods Landing residents Mike Rizzo and Gerald Cahill asked the Council to consider accepting their private roads in and near Marina View Court as public roads of the city. Mayor Eberle reminded everyone of the public road standards and dedication procedures established in Prospect Ordinance No. 475, Series 2007. Mr. Rizzo and Mr. Cahill both stated that they believe their roads meet the standards set out in the Code of Ordinances. After a brief discussion, the Council agreed to have Mr. Mark Adams with OK4 meet with any of the residents of Marina View Court of discuss what they can do to bring their streets up to standard as set out in the ordinance.
POLICE REPORT:
Chief Wilson presented the police report. He brought the Council up-to-date on a few thefts from vehicles in Bridgepointe area. Most of the thefts were from unlocked vehicles. The Latin School sponsored an Easter celebration on March 31. Police Clerk Patti Baker and Officer Loeser attended and interacted with the children, talking to them about safety issues. Sutherland subdivision also had an Easter event where officers were on-hand to speak with the children and their parents about safety issues. Earlier in the month, Lt. Dennis Wine met with the Sutherland Homeowners Association to brief them on increased enforcements regarding speeding. The Woodlands Condominium Block Watch is in place and several residents in the Hunting Hills Condominium area are working to establish their block watch. A meeting is tentatively scheduled for mid-May. Council Member Simon requested an article addressing the use of small scooters on roadways could be placed in the next city newsletter.
UNFINISHED BUSINESS:
Council Member Simon gave SECOND READING, TO ORDINANCE NO. 477, SERIES 2007: AN ORDINANCE AMENDING CHAPTER 154 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO FENCES SURROUNDING SWIMMING POOLS. Council Member Ertel seconded; approved unanimously on a roll call vote.
Council Member Simon gave FIRST READING OF ADMENDED ORDINANCE 476, SERIES 2007, TABLED ON MARCH 19, 2007: AN ORDINANCE AMENDING CHAPTER 152 OF THE CODE OF ORDINANCES RELATING TO STANDARDS APPLYING TO FENCES. Council Member Zimmerman made a motion to take it off the table; Council Member Simon seconded; passed unanimously. The recommended amended language was included in the new version of the Ordinance 476 on first reading.
Mayor Eberle called for a discussion of the Binding Elements applying to the Overlook at Harrods Creek Condominiums (the Overlook) Development Agreement. He informed the Council that the developers of the Overlook (Premier Land Company) and QORE Property Sciences engineers met with Hagerty Engineering engineer Peggy Hagerty Duffy on April 4, 2007 to discuss potential remediation measures for the slope failure on the east side of the Overlook development. Three remediation methods were presented, but no specific remediation method was decided upon. On April 11, 2007 Ms. Duffy received a detailed draft Report of Geotechnical Slope Evaluation recommending a driven pile system with timber lagging, probably installed with a vibratory hammer. Ms. Duffy said she was not discounting the recommended pile reinforced slope remediation per se, but believed some clarifications and additional evaluations should be performed. It was suggested that Dr. Arthur C. Perola, Jr. of the University of Louisville conduct a brief study of the stream bank conditions below the slope failure in order to assist Hagerty Engineering in evaluating the pile reinforced slope remediation. Premier Land Company agreed to pay for the suggested study by Professor Parola provided that the cost not exceeds $1,500. As a result of the study, a new timeline was proposed and agreed upon as follows: Remediation bids are to be received on or before May 23, 2007. The City Council will review and consider the revised remediation timeline at its June 18, 2007 regular meeting. If the remediation timeline is accepted by the City Council at their June 18, 2007 meeting, Premier Land Company shall post a letter of credit for the full amount of the accepted remediation bid on or before July 2, 2007. The City of Prospect will be the beneficiary of the letter of credit and will be able to draw upon it in the event Premier fails to complete the remediation of the slope failure or fails to pay all amounts due the remediation contractor under the accepted remediation bid. Remediation of the slope failure shall be completed by the remediation contractor to the satisfaction of QORE Engineering and Hagerty Engineering on or before November 1, 2007. It was noted that the revised timeline would not affect the final completion date and would allow all parties involved time to finalize a reasonable solution to the current situation. The new timeline and related agreements were unanimously adopted on a roll call vote.
NEW BUSINESS:
Council Member Zimmerman read MUNICIPAL ORDER NO. 2, SERIES 2007: AN ORDER CONSENTING TO THE NOMINATIONS OF THE MAYOR FOR CITIZENS OF THE CITY TO SERVE ON THE CITY OF PROSPECT ETHICS COMMISSION AND AFFIXING TERMS OF OFFICE THERETO; Council Ertel seconded; passed unanimously.
ADJOURNMENT:
Council Member Simon moved adjournment; Council Member Ertel seconded; passed unanimously.
Mayor Eberle declared the meeting adjourned at 9:05 p.m.
Respectively submitted,
Ann Melton
Recording Secretary
Approved:
Todd B. Eberle
Mayor
ATTEST:
Ann R. Simms
City Clerk