CITY OF PROSPECT
CITY COUNCIL MEETING
June 18, 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 Sandra Leonard, Stuart Miles, Alan Simon, Sandy Tucci and Lee Zimmerman; City Attorney Grover Potts, City Administrator Ann Simms; Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Bruce Handy.
Mayor Eberle called the meeting to order at 7:30 p.m.
ABSENT :
Council Member Loretta Ertel
APPROVAL OF MINUTES:
Council Member Leonard moved approval of the minutes of the regular City Council Meeting of May 21, 2007; Council Member Simon seconded: passed unanimously.
SPECIAL ORDER :
Mayor Eberle noted that District 16 Metro Louisville City Councilman Kelly Downard was present to address the Council and guests regarding a come update of activities at the Louisville Metro City Council. Councilman Downard advised that Metro Council is putting in a little over $90,000 for improvements of Hayes Kennedy Park near the City of Prospect. When more details are available he will return to relay what changes and improvements will be made. He also advised that the State Highway Department has issued notice to proceed with the widening of U.S. Highway 42. They will be letting the contract sometime in the coming months and construction should begin in 2009. He also noted that the one lane bridge over Harrods Creek on River Road southwest of Prospect will be replaced with a two lane structure. A contract has been let for the work to begin sometime later this year. It will retain the same historic design as the current bridge. Mayor Eberle thanked Metro Councilman Downard for addressing the Council and invited him back for updates as they are available.
POLICE REPORT:
Chief Marvin Wilson presented the police report. He advised the Council that the Police Department received positive feedback regarding the upcoming "Girls Night Out" slumber party for girls aged 8-11 scheduled for July 20. It will feature personal safety training, reviews of careers in police work and provide pizza and snacks as well as movies and games. He also noted that two officers recently conducted a block watch presentation at the Hunting Hills Condominiums. They distributed literature and discussed how the block watch process works. All of the residents present agreed to serve as block watch captains. Finally, he noted that motorized scooters and golf carts require a driver's license to be used on the streets and that an article will be forthcoming on that subject in the Prospect newsletter.
Mayor Eberle opened SECOND PUBLIC HEARING: USE OF MONEY RECEIVED BY PROSPECT FROM LOCAL GOVERNMENT ECONOMIC ASSISTANCE (COAL AND MINERAL TAX) (Approximately $135 Fiscal Year 2007-2008) The Mayor stated the funds would be rolled into the general fund. There was no testimony offered and the Mayor closed the hearing.
Mayor Eberle opened SECOND PUBLIC HEARING: USE OF MONEY RECEIVED FROM STATE MUNICIPAL ROAD AID FUND (Approximately $72,000 FISCAL YEAR 2007-2008). The Mayor stated the funds will be used for road repair, repair of street signs, and snow removal. There was no testimony offered and the Mayor closed the hearing.
Mayor Eberle opened SECOND PUBLIC HEARING: SETTING THE AD VALORUM TAX RATE FOR THE CITY OF PROSPECT AT 21.25 CENTS PER $100 ASSESSED VALUATION: The Mayor stated the tax rate would remain the same as in recent years. There was no testimony and the Mayor closed the hearing.
COMMENTS FROM CITIZENS:
Hunting Creek resident Helen Bond of 6720 Deep Creek Drive informed the Council that she would like the no parking signs on Deep Creek Drive across from her home removed, noting that when visitors come to her home there is nowhere to park. She requested that the signs be removed, or be posted with specific times when parking is prohibited. Chief Wilson told Mrs. Bond that he would investigate the situation and get back with her.
Marina View Court residents David Kohn and Gerald Cahill addressed the Council asking that the City take over private roads in Harrods Landing area. Mayor Eberle noted that Chapter 156 of the Code of Ordinances, Street Design and Standards, sets out specific standards and procedures to be complied with when a private road is proposed to be adopted as a public road. Such procedures require that a report be prepared by a professional engineer at the expense of the person or persons requesting that private roads be adopted as public roads. Copies of that ordinance and the recently passed Ordinance No. 475, Series 2007 had been provided to the Marina View Court residents. He also noted that the City had agreed to facilitate a meeting with the city's engineer and residents of Marina View Court and that the residents of the Court had been so advised, but no meeting had been held. The city engineer had noted at an earlier Council Meeting that Marina View Court may approximate the standards of the ordinance, but core samples would need to be taken and studied, and several questions concerning right-of-way would need to be addressed. Mayor Eberle reminded the residents that bringing a specific private road up to the standards set out in the ordinance would not automatically result in the private road becoming a public road. The ultimate decision would be made by the Council itself to approve a private road as a public road at a later date. Mr. Kohn and Mr. Cahill asked that Municipal Road Aid Funds be used to improve the private roads. City Attorney Grover Potts noted that Municipal Road Aid Funds could not be used for private roads as those funds are to be expended for the maintenance of existing public roads.
NEW BUSINESS:
Mayor Eberle noted that the City had advertised, as required by law, for bids to be submitted for the City's waste removal contract. Three sealed bids were received. Those bids were from Waste Management of Kentucky, Inland Service Corporation, and Rumpke Incorporated. The sealed envelopes were then opened and it was determined that Waste Management of Kentucky had decided not to bid on the contract. Specific contract proposals were, however, received from Inland Service Corporation and Rumpke, Incorporated. The Mayor noted that the City will consider both of those bids.
Mayor Eberle noted that, in 2006, Mayor Joe Kehlbeck had determined that the City Hall fire escape from the second floor was in need of repair and the Council authorized him to repair the floorboards and railings for approximately $10,000. When contractors came to begin work, it was noted that the floor supports had rotted and the entire fire escape would have to be reconstructed. Our city engineer has recommended a freestanding structure supported by steel posts set in concrete. Contractor's estimates for the new structure have totaled roughly $30,000. State law requires a bid process for any expenditure over $20,000 unless it is certified by the Mayor to the City Clerk that an emergency exists. Mayor Eberle advised the Council of his intention to certify the situation as an emergency in that the lack of a fire escape places us in violation of the Metro Louisville Property Maintenance Code at Section 156.03, and presents a clear safety hazard for employees at and visitors to City Hall. The members of the city Council concurred in that assessment. Padgett, Inc. of New Albany, Indiana will provide the steel beams and columns; Risinger Construction of Valley Station, Kentucky will excavate and place the steel columns in concrete. Green's Remodeling of Louisville will install the walkways, steps and railings.
UNFINISHED BUSINESS:
Mayor Eberle advised members of the Council that the time frames established at the May Council Meeting for remediation of the failed slope at the Harrods Creek Overlook construction site had been adhered to by Premier Construction Company after some delays. Premier has selected the Schnabel Foundation Company to conduct the remediation work on the upper part of the slope and Schnabel has been approved by the city's engineer Peggy Hagerty Duffy, Schnabel is to begin work in August and it is anticipated the work will take approximately two months. City engineer Peggy Hagerty Duffy was present and confirmed general agreement with the method of remediation and the selected contractor. It was agreed that an amended binding element would be prepared for the July meeting along with a separate binding element concerning the creek bank erosion problem at the lower part of the failed slope. Mayor Eberle requested an update on Binding Element 16 which requires Premier Land Company to grant an easement for, and construct at its expense, a bicycle path across the property connecting to Bridgepointe Subdivision. It was agreed that Premier would contact the Mayor prior to the July Council Meeting to set up a date and time for a meeting at the development site to determine where the path would be located and discuss time frames for construction.
Council Member Zimmerman gave SECOND READING, ORDINANCE 478, SERIES 2007: AN ORDINANCE ESTABLISHING A BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 2, 2007 AND ENDING JUNE 30, 2008. Seconded by Council Member Simon; passed unanimously 5-0 vote.
Council Member Tucci gave SECOND READING, ORDINANCE 479, SERIES 2007: AN ORDINANCE ESTABLISHING A BUDGET FOR THE MUNICIPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008. Seconded by Council Member Leonard; passed unanimously 5-0 vote.
Council Member Simon gave SECOND READING, ORDINANCE NO. 480, SERIES 2007: AN ORDINANCE LEVYING AN AD VALOREM TAX RATE FOR THE CITY OF PROSPECT FOR THE FISCAL YEAR 2007-2008. Seconded by Council Member Zimmerman; passed unanimously 5-0 vote.
EXECUTIVE SESSION:
At the Mayor's request, Council Member Zimmerman moved the Council to go into executive session to discuss potential or pending litigation. Council Member Leonard seconded; passed unanimously.
The Council went into Executive Session at 9:52 p.m.
ADJOURNMENT:
Following the Executive Session, the Mayor announced for the record the Council discussed possible litigation with no action taken. Council Member Tucci moved adjournment; Council Member Simon seconded; passed unanimously.
Mayor Eberle declared the meeting adjourned at 10:15 p.m.
Respectively submitted,
Ann Melton
Recording Secretary
Approved:
Todd B. Eberle
Mayor
ATTEST:
Ann R. Simms
City Clerk