CITY OF PROSPECT
CITY COUNCIL MEETING
February 15, 1999

PRESENT:
Mayor Lonnie Falk; Council Members Nan Milliman, Harold Smith, Raymond Burse, Alan Simon, Lee Zimmerman, Sandra Tucci; City Attorney John Evans; City Administrator Ann Simms; Police Chief Mike Day; Recording Secretary Phyllis A. O’Donnell.

Mayor Falk called the meeting to order at 7:30 p.m.

APPROVAL OF MINUTES:
Council Member Smith moved approval of the minutes of the regular City Council Meeting of January 11, 1999; Council Member Burse seconded; passed unanimously.

INTRODUCTION OF NEW POLICE OFFICER
|Mayor Falk introduced Officer Tom Douglas to the Council and residents and welcomed him as a new member of the Prospect Police Department.

COMMENTS FROM RESIDENTS:
Developer Marty Carney, Architect Marcus Canada and John Miller, Landscaping Engineer, were in attendance to give a presentation of their proposed development at the intersection of U.S. 42 and Wolf Pen Branch Road and to answer any questions. Mayor Falk stated that at this time no zoning questions would be allowed, as the session is informational only and not a zoning hearing. Mr. Carney still has to go before the Louisville and Jefferson County Planning Commission for approval and whatever recommendation the Commission makes will then be considered by the City. The development consists of an assisted living building, a general medical office building with 270 parking spaces, a condo building with 30 units, a garden style condo section with 180 units and 44 patio homes. Prices range from $150,000 to $250,000 and the project would take 5 years to complete.

Several residents from that area were in attendance. Several concerns were expressed concerning traffic congestion and control on U.S. 42 and on Wolf Pen Branch Road, drainage problems, noise and the development being the “front door” to Prospect in terms of impression of general aesthetics. Being the only residents on that side of Wolf Pen Branch Road and their home being in the middle of the development, Gary and Marilyn Werenskjold have the same concerns and are also concerned about the preservation of the area and an old slave cemetery and their home and property.

Residents living on Cedar Bluff Court, Spruce Hill Road and Pine Knoll Circle in Oldham County and not within the Prospect, petitioned the City to be annexed. The area includes 30 homes of which 21 favor annexation, 6 oppose and 3 uncommitted. The City is considering the petition. Benefits of annexation for the residents of the area include street maintenance, lighting, snow removal, garbage collection and City of Prospect police protection. At present, this area is considered under Oldham County Police protection and maintenance is the responsibility of the Homeowners Association. Residents of the area who do live in Prospect point out that those living in the petitioning area are members of the local homeowners’ association and that homeowners’ association members who are residents of the City are in the position of not only paying City taxes but of paying additional money to provide Oldham County residents City-type services.

POLICE REPORT
Chief Mike Day presented the monthly police report. Chief Day also reported the addition of two new officers, Officers Tom Douglas and Harold Proffitt and by mid-March the department will add two more officers bringing the total number to nine officers.

UNFINISHED BUSINESS
There was no unfinished business

NEW BUSINESS
Council Member gave first reading to ORDINANCE NO. 389, SERIES 1999: AN ORDINANCE PROVIDING STANDARDS FOR MAINTENANCE OF DRAINAGE EASEMENTS AND PUBLIC RIGHTS OF WAY ACROSS RESIDENTIAL PROPERTY WITHIN THE CITY OF PROSPECT. This basically prevents residents from constructing parking pads in easements in front of their homes and eliminating frequent or regular parking or overnight parking on the drainage easement or public right of way. Such construction does interfere with natural drainage.

Council Member Milliman gave first reading to ORDINANCE NO. 390, SERIES 1999: AN ORDINANCE AMENDING 92.03 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT DECLARING CERTAIN CONDITIONS TO BE NUISANCES. This also relates to disruption of vegetation in drainage easements effecting water flow and absorption. Such disruption includes, but is not limited to: paving, graveling, dumping, frequent vehicular use and accumulation of debris.

Council Member Simon gave first reading of ORDINANCE NO. 391, SERIES 1999: AN ORDINANCE AMENDING THE BUDGET FOR THE GENERAL FUND FOR THE FISCAL YEAR JULY 1, 1997 THROUGH JUNE 30, 1998. Seconded by Council Member Milliman; passed unanimously on a roll call vote 6-0. This was introduced on an emergency basis and was passed on first reading because of time restrictions.

Council Member Tucci read RESOLUTION NO. 1, SERIES 1999: A RESOLUTION ADVISING THE LOUISVILLE AND JEFFERSON COUNTY PLANNING COMMISSION OF THE CITY OF PROSPECT’S OPPOSITION TO THE APPROVAL OF A ZONING CHANGE FROM R-1 TO R-5 AT BROWNSBORO ROAD AND RUDY LANE AS PROPOSED BY ALLEN DEVELOPMENT GROUP, LLC. Council Member Milliman seconded; approved unanimously.

REPORT OF CITY AUDITOR
Auditor Steve Pennington, CPA presented the audit for the fiscal year of 1997-98 for the City of Prospect, stating that the City was in good financial shape. Mr. Pennington briefly went through the audit and highlighted points of interest.

EXECUTIVE SESSION
Council Member Simon moved the Council to meet in Executive Session for the purpose of litigation and potential litigation; seconded by Council Member Burse. The Council met in Executive session from 9:15 p.m. to 10:25 p.m.

ADJOURNMENT
Council Member Burse moved adjournment; Council Member Zimmerman seconded; passed unanimously. Mayor Falk declared the meeting adjourned at 10:27 p.m.