CITY OF PROSPECT
CITY COUNCIL MEETING
October 17, 2005

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

PRESENT:
Mayor Lonnie Falk; Council Members Sandy Tucci, Nan Milliman, Alan Simon, Todd Eberle, Lee Zimmerman, City Attorney Grover Potts, City Administrator Ann Simms; Police Chief Marvin Wilson; Court Reporter Bruce Handy.

Mayor Falk called the meeting to order at 7:30 p.m.

APPROVAL OF MINUTES:
Council Member Eberle moved approval of the minutes of the regular City Council Meeting of September 26, 2005; Council Member Simon seconded; passed unanimously.

COMMENTS FROM CITIZENS:
Mayor Falk introduced resident Loretta Ertel and informed the Council she had accepted the chairmanship of the Disaster Planning Commission. He said he had discussed the Commission, its role and the necessity for it to begin work with Council Members previously, but he is very pleased that someone of Loretta's character and organization is willing to lead this important effort. Council member Simon said he had just attended a continuing education program on the same subject and would be able to share some of that information with members of the Commission.

Resident Gary Werenskjold asked about the status of the Prospect Small Area Plan. City Attorney Grover Potts said the project remains under review by the Metro Planning Commission. Werenskjold said he understood that but thinks the review is taking an over-long time. Mayor Falk asked Potts to see whether he could light a fire under those responsible at the Planning Commission.

Resident Penelope Morton expressed concern about plans for a car wash to be located at the old Morgan Medical office across U.S. 42 from her home. She said she was particularly concerned about lights. The Mayor said the City had supported the site plan, but has no role in making decisions since the site is already zoned commercial. Discussion followed. Council Member Eberle pointed out the Mayor had written to members of the Council, seeing their input a number of weeks before. The City Attorney confirmed the law within the state is such that the project may not be reviewed by the City. Council Member Zimmerman then moved to recess the Council Meeting to draft a possible resolution and ordinance on the issue; Council Member Simon seconded; passed unanimously.

Following the recess, Council Member Milliman introduced RESOLUTION NO. 3, SERIES 2005, A RESOLUTION EXPRESSING DEVELOPMENT CONCERNS OF THE CITY COUNCIL WITHIN THE CITY OF PROSPECT; Council Member Simon seconded, passed unanimously. Council Member Eberle then gave first reading to ORDINANCE NO. 459 SERIES 2005; AN ORDINANCE REGULATING HOURS OF BUSINESSES WITHIN THE CITY OF PROSPECT. The ordinance would not allow businesses of any type to operate between the hours of 1 a.m. and 5 a.m. Discussion centered on the possibility passage of the ordinance would make it difficult for a car wash to operate in an unattended manner and might give the developer "second thoughts" about locating within the City.

POLICE REPORT:
Captain Larry Johnson presented the Police Report in the absence of Chief Wilson, who was attending an in-service seminar for chiefs of police. There were no questions.

UNFINISHED BUSINESS:
There was no unfinished business.

NEW BUSINESS:
There was no new business.

ADJOURNMENT:
Council Member Zimmerman moved the Council adjourn; Council Member Tucci seconded; passed unanimously. Mayor Falk declared the meeting adjourned at 9:33 p.m.

Respectively submitted,

Ann R. Simms
For the Recording Secretary

Approved:
Lawrence C. Falk
Mayor                                                                          

ATTEST:
Ann R. Simms
City Clerk