CITY OF PROSPECT
SPECIAL CITY COUNCIL MEETING
MINUTES

November 5, 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, Sandra Tucci, and Lee Zimmerman; City Attorney Grover Potts;   City Administrator Ann Simms; Police Chief Marvin Wilson;   Recording Secretary Ann Melton; Court Reporter Bruce Handy.

Mayor Eberle called the meeting to order at 7:00 p.m.

Mayor Eberle noted the specific purpose for the call of the Special Meeting:   To discuss issues relating to the thirty-six residential condominiums development within the City of Prospect, Kentucky known as "Harrods Creek Overlook;" and more particularly, compliance issues relating to the September 18, 2006 Development Agreement between Premier Land Company and the City of Prospect concerning Binding Element 16 and 19, and proposed Binding Element 20 which involve, inter alia, the easement for and construction of a pathway across the property, the stabilization and remediation of the "Upper Slope of the East Side Creek Bank," and a plan for the stabilization and remediation of the "Lower Slope of the East Side Creek."  

Discussion was conducted regarding compliance with Binding Elements in the 2003 Development Agreement between Premier Land Company ("Premier") and the City of Prospect ("City") and the amended Binding Elements agreed upon in the Revised District Development Plan signed by Premier and the City on September 18, 2006.   The remediation plan for the failed slope was set out in Binding Element 19.   Efforts to remediate the upper slope have been discussed previously and the work in that area has been largely completed.   Remediation of the lower portion of the slope remains at issue.   There has been an effort on the part of the City to separate the issues pertaining to the lower slope with a proposed Binding Element 20.   Agreement has not been reach with regard to the lower slope.   Dr. Arthur Parola of the Speed Engineering School at the University of Louisville submitted an initial report to the parties regarding the lower slope on May 8, 2007.   That report called attention to the possibility of remaining problems and recommended that further study be conducted.   Dr. Parola has agreed to conduct a more comprehensive study beginning in December 2007 and concluding in January 2008.   The cost of that study would be approximately $12,000.   Dr. Parola also indicated that a survey of the streambed and creek bank would likely be necessary in conjunction with the more comprehensive study, at an estimated cost of $5,000.   This total estimate of $17,000 compares to an earlier rough estimate by geotechnical engineer Peggy Hagerty Duffy of approximately $5,000 for such a study.   City Attorney Grover Potts noted the need to formulate a plan to resolve the remaining questions concerning the lower slope to assure that as much as possible is being done presently to stabilize the lower slope and creek bank so as to prevent future failures on the slope opposite building four as well as slopes opposite adjacent buildings.   He stated that the proposed Binding Element 20 would require that Dr. Parola conduct a detailed study, and following his study, if he concludes that something should be done, formulate a plan for remediation and implement a time frame to do so.   The proposal set out a time frame for any necessary remediation to be completed by August of 2008.   City Attorney Potts noted that a Binding Element to address the lower slope and to set out a compliance plan if necessary has been under negotiation since July 2007.   Five months has now passed without agreement.   If the development project is to proceed, a Binding Element to address the lower slope must be agreed upon as the existing development agreement requires study and remediation plans for the entire slope, not just the upper portion.  

Mr. Craig Perdue of Premier Land Company noted that the former attorney for Premier, Cliff Ashburner, was no longer representing Premier.   Perdue asked the Council for additional time for him to consult with legal counsel.   His new attorney is Ted Walton of Seiller Waterman LLC.   Mr. Perdue noted that the next regular City Council Meeting on November 19, 2007 would allow him enough time to consult with his attorney and that his attorney would attend that meeting.   Mayor Eberle asked Mr. Perdue if he would be amenable to an expert other than Dr. Parola assessing the needs of the lower slope and its stability.   Mr. Perdue stated that he would be open to that option.  

Council Member Leonard requested that the Council require a more detailed, formal written proposal from Dr. Parola noting exactly what he would provide to the parties in his $12,000 study.   It was agreed that such a written proposal should be requested.   Mayor Eberle summarized the steps to be taken in preparation for a follow-up meeting regarding the slope failure:   1) determine whether the $17,000 estimate for Dr. Parola's study and survey is a completely accurate and final figure;   2) obtain a more detailed formal proposal form Dr. Parola setting out in detail what he would do in his $12,000 study of the lower slope and creekbank;   3) determine whether an expert other than Dr. Parola is available who may be able to conduct an acceptable study of the lower slope;   3) assure that Mr. Perdue consults with his attorney Ted Walton in the next two weeks and assures that his attorney is present for any subsequent meeting;   4) work to bring Dr. Parola, geotechnical engineer Peggy Hagerty Duffy, Mr. Perdue, Mr. Perdue's attorney and representatives of the City together on site at The Overlook to discuss the study of the lower slope; and   5) invite Dr. Parola, Ms. Duffy, Mr. Perdue and his attorney to an open meeting to discuss the results of the site visit.   All present agreed that these actions should be pursued.  

The Council then proceeded to address Binding Element 16 of the Development Agreement requiring an easement for and construction of a bicycle/pedestrian path across the Overlook property.   Mayor Eberle noted that he, City Maintenance Director Ron Cundiff, Council Member Miles, Qk4 engineer Mark Adams, Craig Perdue and Dennis Perdue met on-site at The Overlook on November 2, 2007 to lay out the course of the path.   He noted the route of the path to all present on an aerial photographic display.   Mr. Perdue, Mr. Adams and Council Member Miles agreed that the proposed path as shown on the display was correct and reflected the agreed upon results from the November 2 nd meeting.   Qk4 engineer Mark Adams stated that he would place red flagging along the route in the next few days so the development's residents could view the path site as laid out.   Mr. Adams also agreed to provide applicable required design and construction standards for the path to the Mr. Perdue within the next week.   It was agreed by all parties present that construction on the bicycle/pedestrian path could begin as early as the spring of 2008 after Kentucky Derby Weekend, depending on weather conditions, but no later than the summer of 2008.   It was also agreed that the exterior side of Building 2 fronting U.S. Highway 42 should be substantially completed prior to the construction of the trail adjacent to that building so as to avoid any damage to the brickwork.   City Attorney Potts noted that the bicycle/pedestrian path's route and construction design would need to be approved by the Metropolitan Louisville Planning Commission.   He estimated that once it is established where the path will run across the property, the Metro Planning Commission approval process will take approximately sixty days.   It was hoped that the approval process could be accomplished by the end of March 2008 and that construction could be concluded within 90 days after Planning Commission approval, thus by the end of June 2008.   Mr. Perdue noted that this time frame would be agreeable to Premier.              

Questions and comments were received from Prospect residents Ronald Abrams, Jay Koby, Linda Helringer and James Dantin.

ADJOURNMENT:

There being no further business on the call for the special meeting, Council Member Simon moved the Council adjourn; Council Member Zimmerman seconded; passed unanimously.

Mayor Eberle declared the meeting adjourned at 9:10 p.m.

Respectfully Submitted:
Ann Melton
Deputy City Clerk of Administration

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk