CITY OF PROSPECT
CITY COUNCIL MEETING
September 26, 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 Nan Milliman, Harold Smith, 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 7:28 p.m.
APPROVAL OF MINUTES:
Council Member Smith moved approval of the minutes of the regular City Council Meeting of August 15, 2005; Council Member Zimmerman seconded; passed unanimously.
COMMENTS FROM CITIZENS:
Mayor Falk asked residents who wished to comment directly on items on the agenda wait until those items came before the Council so that all discussion could take place at one time. There were no general comments from citizens.
The Mayor reported he intends to establish a Disaster Study Commission to assess how the City should respond to crises in the future. This is not a "knee-jerk reaction" to events along the Gulf Coast, he said, but, rather an attempt to address the City's needs when outside help may be delayed for hours or days. The group will be asked to compile both a list of readily available resources as well as persons who may need special assistance. Problems which may be confronted by the City and its residents could run the gamut from major snowfalls to widespread destruction from tornadoes or earthquakes, he said. Prospect should be prepared to address this sort of problem and protect its residents.
POLICE REPORT:
Chief Wilson presented the Police Report. There were no questions. The Chief pointed out citizen assists are up sharply, but he believes this is primarily due to an increased emphasis of officers reporting on when they help people. He also mentioned an investigation in which they recovered $6,000 in merchandise for a business.
UNFINISHED BUSINESS:
Council Member Milliman gave SECOND READING, ORDINANCE NO. 456, SERIES 2005: AN ORDINANCE AMENDING SECTION 150.02 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO SET REQUIREMENTS FROM OUTBUILDINGS IN RESIDENTIAL AREAS OF THE CITY; seconded by Council Member Simon.
Council Member Zimmerman proposed an amendment to the ordinance which would eliminate the exemption for lots of more than three acres, and replace it with a provision restricting any outbuilding within 100 feet of the back lot line; Council Member Simon seconded the amendment. Council Member Zimmerman said he believed his amendment would do the same thing as the unamended ordinance, but he was more comfortable with not basing the criteria on lot size. Discussion followed. Resident Joe Kehlbeck said he was uncomfortable with the amendment because of problems which might ensue with irregular shaped lots. He said, however, some ordinance needs to be passed as the Council has spent a great deal of time on the issue. The amendment was defeated on a roll call vote, 4-2. The Ordinance was then adopted on a roll call vote, 4-2; For Eberle, Smith, Milliman and Tucci; Against Simon and Zimmerman.
Council Member Simon gave SECOND READING, ORDINANCE NO. 457, SERIES 2005: AN ORDINANCE AMENDING SECTION 150.03(A) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO DESIGNATE BOATS AS STRUCTURES WHICH MAY NOT BE USED AS RESIDENCES; seconded by Council Member Milliman. Discussion followed. Bill Bradley, president of the condo association which owns the boat slips at Harrods Landing Marina, and several other slip owners, spoke to the issue of the value of persons who live aboard boats and watch for trouble in any marina. Bradley also said the group is in the process of tightening restrictions on boats in the marina to prevent "ramshackle" vessels from using it. The association officers wondered whether a limit could be placed on the number of live aboard persons rather than banning them altogether.
The Mayor pointed out the present live aboard persons are exempted from the provisions of the Ordinance and he suggested were there some plan which could address concerns of both fellow users of the marina and adjacent property owners, the Council could always look at the issue at that time. However, he suggested lacking any such plan, it is probably incumbent for the Council to act now. The Ordinance was adopted 4-2 on a roll call vote; For Simon, Zimmermann, Smith and Milliman; Against Tucci and Eberle.
NEW BUSINESS:
Council Member Milliman introduced RESOLUTION NO. 2, SERIES 2005; A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF PROSPECT TO ENTER INTO AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY FOR THE PURPOSE OF OBTAINING GRANT FUNDS; seconded by Council Member Eberle. The Mayor said the City has been successful in obtaining a grant from the Department of Local Government to pay for three bulletproof vests for police officers and the terms of the grant require the Council authorize the mayor to formally request the funding. Passed unanimously on a voice vote.
Mayor Falk asked the Council's approval for a BUDGET ADJUSTMENT NOT TO EXCEED $5,000 FOR EXTENSIVE REPAIRS TO THE GUARDHOUSE AT THE FOX HARBOR ENTRANCE AND REPLACEMENT OF LETTERS ON THE ENTRANCE SIGN. The Mayor said termites have attacked some parts of the guardhouse necessitating those repairs and that a new method of mounting the letters will insure they will be usable for many years in the future. Council Member Milliman moved approval of the budget adjustment; Council Member Eberle seconded. Passed unanimously on a voice vote.
Mayor Falk asked the Council's approval for a BUDGET ADJUSTMENT NOT TO EXCEED $1,000 TO CO-SPONSOR A RECEPTION DURING THE KENTUCKY LEAGUE OF CITIES CONVENTION IN LOUISVILLE. If approved, Prospect would join Anchorage, Jeffersontown and Metro government as a sponsor. Council Member Simon moved approval of the budget adjustment; Council Member Tucci seconded; passed unanimously on a voice vote.
EXECUTIVE SESSION:
At the request of the Mayor, Council Member Zimmerman moved the Council go into Executive Session to discuss real estate acquisition and potential litigation; Council Member Simon seconded. Passed unanimously. The Council entered the Executive Session at 9:20 p.m. and ended it at 9:30 p.m.
ADJOURNMENT:
Council Member Smith moved the Council adjourn; Council Member Milliman seconded; passed unanimously. Mayor Falk declared the meeting adjourned at 9:31 p.m.
Respectively submitted,
Ann R. Simms
For the Recording Secretary
Approved:
Lawrence C. Falk
Mayor
ATTEST:
Ann R. Simms
City Clerk