CITY OF PROSPECT
CITY COUNCIL MEETING
November 21, 2005
(A complete transcript of this meeting is available at City Hall and on the City's Web Site,
Mayor Lonnie Falk; Council Members Harold Smith, Nan Milliman, Alan Simon, Todd Eberle, Lee Zimmerman, City Attorney Grover Potts, City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Bruce Handy.
Mayor Falk called the meeting to order at 7:30 p.m.
Mayor Falk introduced the Troop Leader and thirteen Boy Scouts, Troop 243 from St Barnabus. They attended the Council Meeting to fulfill a requirement for the Communication Merit Badge. Each Scout introduced himself to the Council.
APPROVAL OF MINUTES:
Council Member Zimmerman moved approval of the minutes of the regular City Council Meeting of October 17, 2005; Council Member Milliman seconded; passed unanimously.
Mayor Falk distributed the ballots to the Council Members for the Beach Craigmyle Award and asked the Council to return their nomination by next Council meeting.
Mayor Falk introduced Bill Talley, CPA, of Richardson, Pennington & Skinner PSC the City's outside independent auditor. Mr. Talley said it is the auditor's opinion there are no problems with the City's accountability, and, further, that this is as strong a balance sheet as he has seen, and that the financial management and planning of the City would be the "envy" of many cities. He detailed the income and balance sheets for Council Members. Council Member Simon moved acceptance of the Auditor's Report; Council Member Zimmerman seconded; passed unanimously.
Mr. Rob. Blackburn of Water Works Car Wash appeared at the request of the Council to make a presentation on his plans to build a car wash in the City of Prospect. The planned site is between McDonalds and Dairy Mart. He will install three (3) automatic bays. Mr. Blackburn said he would like to keep the Car Wash open 24 hours, but the car wash could be closed if the Council passed an ordinance to regulate business hours in the City. Mayor Falk proposed the Council hold the ordinance in abeyance while he works with Mr. Blackburn to have the front doors closed during the majority of the wash cycle late at night and that some restrictions be imposed on exterior lighting late in the evening. Mr. Blackburn said he would be happy to work out a compromise on the issues.
COMMENTS FROM CITIZENS:
Three residents who reside on Highway 42 appeared before the Council to voice their concerns regarding traffic, noise and lighting in connection with the car wash. Mr. Blackburn went through each concern step by step. A lengthy discussion followed. Mr. Blackburn assured the Council and residents that whatever the City Council decides concerning hours, lights and traffic he would do his best to work with them.
Mr. Ed Rademaker of Star Point Court expressed concern that hunters are using the natural area owned by the City and the land on the other side of Harrods Creek on the Oldham County. He reports gunshots have been heard frequently which, he said is a safety hazard for those living adjacent to the area and persons who hike in the woods. Mayor Falk said this problem is not new, that the police respond in a timely manner, but that since they must observe someone actually firing a gun under the present ordinance, it is difficult to enforce this law. He suggested a new ordinance making hunting on public land illegal, which would also allow the City to post signs in the area. Members of the Council felt this would be a good approach to the problem.
Mr. Alan Kane of Cedar Ridge Court asked whether the outbuilding ordinance would allow the construction of a dome to house a telescope in his back yard. Kane is an amateur astronomer and has had a telescope at his property since 1995, but he recently purchased a new one and has ordered a dome to cover the telescope. Mayor Falk said any reading of the ordinance would prohibit the dome, and it would be up to the Council to amend it if they so desired. Discussion followed. Council Members indicated they believed Kane's request was reasonable and asked the Mayor to write an amendment to the ordinance for their consideration.
Chief Wilson presented the Police Report. He added the monthly statistics on police activities would include results of the deliberations of the Code Enforcement Board in the future. Chief Wilson also distributed a new brochure developed by the department on the problem of Identity Theft, which he termed one of the nation's fastest-growing crimes. The brochure assists individuals in understanding what identity theft is, how it occurs, how to avoid it, and how to report it. The Police Department plans to develop a new brochure on various subjects to assist City residents every other month.
ORDINANCE NO. 459 SERIES 2005; AN ORDINANCE REGULATING HOURS OF BUSINESSES WITHIN THE CITY OF PROSPECT was read for the second time. Council Zimmerman said he is interested in addressing resident concerns about the car wash on U.S. 42 and this ordinance would seem to speak to that, but that, in view of the discussion and presentation by the car wash owner earlier in the evening, perhaps the City should give the compromise that was suggested time to work. .Mayor Falk suggested Council could table the ordinance to allow discussions to take place and could always bring the same measure up if nothing can be worked out. Council Member Eberle moved the ordinance be adopted; Council Member Smith seconded. The ordinance was disapproved by roll call vote, 5-0. Council Member Smith then moved reconsideration of the ordinance and then moved that motion be tabled. The motion to table was approved 5-0.
ORDINANCE NO. 460, SERIES 2005; AN ORDINANCE AMENDING THE BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30, 2005 SO AS TO REFLECT THE RESULTS OF THE CITY'S ANNUAL INDEPENDENT AUDIT was read for the first time.
ORDINANCE NO. 461, SERIES 2005; AN ORDINANCE AMENDING SECTION 31.2(E) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO ESTABLISH THE COMPENSATION OF THE MAYOR was read for the first time.
ORDINANCE NO. 462, SERIES 2005; AN ORDINANCE AMENDING SECTION 32.01(C) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO ESTABLISH THE COMPENSATION OF CITY COUNCIL MEMBERS was read for the first time.
Council Member Zimmerman moved the Council adjourn; Council Member Smith seconded; passed unanimously.
Mayor Falk declared the meeting adjourned at 9:15 p.m.
Lawrence C. Falk
Ann R. Simms