CITY OF PROSPECT
CITY COUNCIL MEETING
May 21, 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; Lt. Dennis Wine; 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 Ertel moved approval of the minutes of the regular City Council Meeting of April 16, 2007; Council Member Simon seconded: passed unanimously.
SPECIAL ORDER:
Mayor Eberle presented his fiscal year 2007-2008 budget. He noted that this year's budget was particularly challenging as we were without the assistance and council of the late Lonnie Falk who had provided the budget for thirteen years. Mayor Eberle noted that his budgetary goals were to assure the continuity of government, maintain the present level of service to our citizens, assure that we will be able to meet the challenges which are now and will be part of our future, and finally to propose initiatives which will give our residents an even better quality of life in coming years. He noted that property taxes comprise the vast majority of city revenues and that they had leveled off in recent years. Still, he was pleased to announce that he did not see the necessity of proposing a property tax rate increase for 2007-2008 fiscal years. While city revenues are reaching a plateau, necessary expenses continue to rise. In the past, residential and commercial growth allowed property taxes to be lowered on two occasions. However, with continuous growth a circumstance of the past, property tax rates may have to be raised in future years to assure the quality of life we will want to maintain. The balanced 2007-2008 budget does not include monies to be added to reserves, nor does it anticipate the need to draw on unallocated reserves for operational expenses.
Mayor Eberle thanked Council Member Simon and Council Member Tucci for serving on the Budget Committee to review the budget ordinances and worksheets and reports. He also thanked Ann Simms and Cathie Parrott for their help throughout the process.
Mayor Eberle opened FIRST 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 that these funds would be rolled into the general fund. There was no testimony offered and the Mayor closed the hearing.
Mayor Eberle opened FIRST 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 FIRST 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 offered and Mayor closed the hearing.
Mayor Eberle introduced Kay Ball, Manager of Riverbank Filtration Program for the Louisville Water Company, to update the Council on the riverbank filtration tunnel which will extend from a location within B.E. Payne Water Treatment Plant near Prospect to the confluence of Harrods Creek and the Ohio River. Ms. Ball noted that riverbank filtration is a process using soil as a natural filter. The process is necessary in order to maintain compliance with the federal Clean Water Act and new regulations under that statute. Beneficial aspects of the process include the removal of microbial bacteria in the water without using chemicals. The tunnels will convey the riverbank filtered water to a new pump station located at the B. E. Payne Water Treatment Plant. The water will be treated in the plant and distributed to Louisville Water Company customers. During constructions, trucks and heavy equipment will move along U.S. Highway 42 and Timber Ridge Road through the city. Should damage to the roadway occur, the Louisville Water Company will pay for the repaving of roads. It is anticipated that the project will take roughly two and one-half years with an expected completion date set for September 2009.
COMMENTS FROM CITIZENS:
None
POLICE REPORT:
Lt. Wine presented the police report in the absence of Chief Marvin Wilson. He advised the Council the Police Department is sponsoring a "Girls Night Out" in July. Officer Heather Loeser and Police Administrative Assistant Patti Baker will be hosting the event to promote personal safety and to educate young women on the role of police officers in the community. Some of the activities will include self-defense instructions and "stranger danger" information along with recreational events such as a coloring contest, watching movies and playing games. Pizza and soft drinks will be provided with a light breakfast served in the morning. The age limit is 8 to 11. The event will be held at City Hall in the Lawrence C. Falk Reading Center from 8:00 p.m. to 8:00 a.m. on July 20 th .
UNFINISHED BUSINESS:
Council Member Leonard gave SECOND READING OF ADMENDED ORDINANCE 476, SERIES 2007: AN ORDINANCE AMENDING CHAPTER 152 OF THE CODE OF ORDINANCES RELATING TO STANDARDS APPLYING TO FENCES. Council Member Ertel seconded; passed unanimously. This ordinance addresses an issue litigated earlier this year regarding standards for fence setbacks on corner lots in cases where the backyard of one resident becomes the front yard or the side yard of another resident.
Mayor Eberle reminded the Council that in April the Council and Premier Land Company agreed to retain have Dr. Arthur Parola in order to assess the stability of the lower creekbank on Harrods Creek at the Harrods Creek Overlook property. Professional Engineer Peggy Haggety Duffy presented an overview of Dr. Parola's assessment. She explained that the slope stability and the erosion of the creekbank below the planned installation of steel pilings are two separate and distinct issues. Dr. Parola was engaged to analyze the creek bank erosion issue. He confirmed that there were significant current and future problems with the erosion at the site. The present action of Harrods Creek is causing erosion in the direction of the Overlook property. Over time the property would experience a loss of soil along the banks with the creek possibly changing direction and the streambed becoming deeper. A deeper streambed will likely cause the bank to continually erode, in turn affecting overall stability of the slope. Dr. Parola recommended that a bank protection system be considered in addition to the slope stability system being designed. Drainage from the property should be carefully controlled and placed in storm drains that do not discharge onto the slope. Any discharge onto the slope will cause gullies, piping, and/or saturation on the slope. After a lengthy discussion it was decided that the immediate concern is for effective remediation of the slope failure. If remediation is accomplished soon the creekbank erosion issue can be addressed in coming months. City Attorney Grover Potts noted that we will need to rewrite the current Binding Element 19 and that should include an additional section dealing with responsibility for creekbank erosion. An agreement was made between the City Council and Premier Land Company to proceed immediately with awarding of bids for remediation of the slope failure as long as the contractor for that work is approved by Professional Engineer Peggy Haggerty Duffy. A more complete timeline addressing both the slope failure and the creekbank erosion will be confirmed at the June 18, 2007 meeting of the City council.
NEW BUSINESS:
Council Member Tucci gave FIRST 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.
Council Member Simon gave FIRST 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.
Council Member Tucci gave FIRST 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.
Council Member Tucci moved adjournment; Council Member Simon 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