CITY OF PROSPECT
CITY COUNCIL MEETING
May 16, 2005

(A complete transcript of this meeting is available at City Hall and on the City’s Web Site, HTTP://www.PROSPECTKY.COM)

PRESENT:
Mayor Lonnie Falk; Council Members Nan Milliman, Harold Smith, Alan Simon, Todd Eberle, Lee Zimmerman; City Attorney Grover Potts, City Administrator Ann Simms; Captain Larry Johnson; Recording Secretary Ann Melton; Court Reporter Bruce Handy.

Mayor Falk called the meeting to order at 7:29 p.m.

APPROVAL OF MINUTES:
Council Member Milliman moved approval of the minutes of the regular City Council Meeting of April 18, 2005; Council Member Simon seconded; passed unanimously.

SPECIAL ORDER:
Mayor Falk introduced Bud Schardein, Executive Director, Metropolitan Sewer District; and his assistant Diane Secor. Mr. Schardein told the Council MSD’s Future Plans had three major challenges that MSD and the community must face: water quality management; an improved environment; and public safety. To do so the community must rehabilitate our aging sewer system to eliminate the combined storm and sanitary sewer overflows; continue Project DRI, which addresses even more neighborhood drainage problems; and rehabilitate the Ohio River Flood Protection System. To meet these challenges, we must examine each in depth to understand the financial commitment necessary to assure the dependability of our wastewater, storm water and flood protection infrastructure for decades to come.

The Mayor and Council thanked Mr. Schardein for coming to our Council Meeting and updating us on MSD’S Perspective for the near future.

Mayor Falk opened SECOND PUBLIC HEARING: USE OF MONEY RECEIVED BY PROSPECT FROM LOCAL GOVERNMENT ECONOMIC ASSISTANCE (COAL AND MINERAL TAX) Fund (Approximately $135 fiscal year 2005-2006)
The Mayor stated the funds will be rolled into the general government fund. No one testified at the public hearing and the Mayor closed the hearing.

Mayor Falk opened SECOND PUBLIC HEARING: USE OF MONEY RECEIVED BY PROSPECT FROM STATE MUNICIPAL ROAD AID FUND (Approximately $37,200 fiscal year 2005-2006) The Mayor stated the funds will be used for road repair, repair of street signs, and snow removal. No one testified at the public hearing and the Mayor closed the hearing.

Mayor Falk opened SECOND PUBLIC HEARING: SETTING THE AD VALOREM 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 last year, pointing out taxes have been reduced twice since he has been in office. No one testified at the public hearing and the Mayor closed the hearing.

COMMENTS FROM CITIZENS:
There were no comments from citizens.

POLICE REPORT:
Due to Chief Wilson being at an FBI training session, Captain Larry Johnson presented the Police Report. There were no questions.

UNFINISHED BUSINESS:
Council Member Simon gave the SECOND READING ORDINANCE NO. 451, SERIES 2005: AN ORDINANCE AMENDING SECTIONS 150.02 (D) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO SET REQUIREMENTS FOR OUTBUILDINGS IN RESIDENTIAL AREAS OF THE CITY; Council Member Eberle seconded; discussion followed. Council Member Zimmerman said he opposed the ordinance because he believes it allows one group to do something that another group can not. The ordinance was rejected on a roll call vote; For Eberle; Against: Zimmerman, Milliman, Smith and Simon.

Council Member Milliman gave the SECOND READING ORDINANCE NO. 452, SERIES 2005: AN ORDINANCE LEVYING AN AD VALOREM TAX RATE FOR THE CITY OF PROSPECT FOR THE FISCAL YEAR 2005-2006; seconded by Council Member Simon; passed 5-0 on a roll call vote.

Council Member Milliman gave the SECOND READING ORDINANCE NO. 453 SERIES 2005: AN ORDINANCE ESTABLISHING A BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006; seconded by Council Member Zimmerman; passed 5-0 on a roll call vote.

Council Member Eberle gave the report of the budget committee. Council Member Eberle said that he, Council Member Tucci, Mayor Falk, City Administrator Ann Simms and Police Chief Marvin Wilson met to examine the Mayor’s budget proposal. Council Member Eberle gave highlights of budget comparisons. The committee found no problems with the budget and recommended its approval.

Council Member Zimmerman gave SECOND READING ORDINANCE NO. 454, SERIES 2005: AN ORDINANCE ESTABLISHING A BUDGET FOR THE MUNICIPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006; seconded by Council Member Simon; passed 5-0 on a roll call vote.

Mayor Falk introduced Mr. William Brummett a 20 year resident of Fox Harbor. He expressed concern to the Council Members regarding the entryway beautification campaign at Fox Harbor, suggesting the sign be raised two feet to increase visibility. He said he had contacted a stonemason with whom he has worked in the past who gave him a price, which includes labor and materials for $2,204.00. Mr. Brummett had sent the drawings to all the Fox Harbor committee members and said ones who responded were in favor of the change. Mayor Falk said the proper procedure would be for the Council to pass an appropriation not to exceed $2,230.00 to modify the existing stonework; Council Member Zimmerman moved approval; Council Member Milliman seconded; passed unanimously.

Mayor Falk asked the Council’s guidance on how to proceed with the issue of outbuildings in view of the vote against Ordinance 451 earlier in the meeting. Council Member Zimmerman said he was not comfortable with the designation of separate regulations for lots of more than three acres. The Mayor proposed appointing Council Member Zimmerman to a committee of Council Members to work out language, since the Ordinance Review Board and a special committee, which included Council Members Tucci and Eberle, had both worked on the issue. Council Member Zimmerman declined, saying he was too busy to serve on such a committee and Council Member Milliman said she did not wish to serve. Council Member Simon said he was willing to be part of such a committee but suggested the City Attorney draft a proposed ordinance. The City Attorney said he would attempt to have such an ordinance, at least in draft form, available for the June meeting. The Mayor then said he was declaring a moratorium on approval for any outbuildings until the issue could be resolved.

ADJOURNMENT:
Council Member Simon moved adjournment; Council Member Zimmerman seconded; passed unanimously.

Mayor Falk declared the meeting adjourned at 8:50 p.m.

Respectively submitted,

Ann Melton
Recording Secretary

Approved:

Lawrence C. Falk
Mayor

ATTEST:
Ann R. Simms
City Clerk