CITY OF PROSPECT
CITY COUNCIL MEETING
September 18, 2006

(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 Joe Kehlbeck; Council Members Harold Smith, Alan Simon, Todd Eberle, Lee Zimmerman, City Attorney Grover Potts, City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Joyce Dorr.

Mayor Kehlbeck called the meeting to order at 7:30 p.m.   He introduced Jon Goldenberg from Boy Scout Troop 30 who was attending the Council Meeting to fulfill a requirement for the Merit Citizenship and Communication Badge.

APPROVAL OF MINUTES:

Council Member Smith moved approval of the minutes of the regular City Council Meeting of August 21, 2006; Council Member Eberle seconded; passed unanimously.

Mayor Kehlbeck announced that Council Member Nan Milliman has resigned due to moving out of the City of Prospect, and therefore a replacement must be named to fill the vacant position. Council Member Simon made a motion to elect the candidate who was (seventh) 7 th in the 2004 election. City Administrator Ann Simms announced it was Sandra Leonard. Council Member Simon made a motion to elect Sandra Leonard as Council Member; Council Member Zimmerman seconded; passed unanimously. Mayor Kehlbeck administered the oath of office to Mrs. Leonard, who subsequently took her seat on the Council.

Mayor Kehlbeck announced there will be a public hearing on the Cell Tower in November. The Council wants to hear the resident's concerns on the proposed Cell Tower before making a final decision. City Attorney Grover Potts said last year when the City of Prospect passed a Land Development Code, a provision was made limiting all structures within the City to be 100 feet, but we also put in a provision allowing us to grant an exception and this gives the Council ability to grant a wavier in height variance and allow for a tower higher than 100 feet if they choose to do so. The public hearing will be held in November to allow the thirty (30) days notice that has to be made.

COMMENTS FROM CITIZENS:

Michael Brown a resident of the Estates of Hunting Creek presented the Council with a signed petition with 20 names on it asking the Council to make up an ordinance that would put a time limit on any resident having a party. Kathleen Bailey a Hunting Creek resident thought a midnight cut off time would be appropriate.

The Prospect Green 2010 Committee updated the City Council on the bike trails. They have been interviewing the firms of Endirons and Birch Trautwein for bids to do the bike trails. They were happy to report these firms do think it would be possible to cross Harrods Creek and go from the Overlook Condos to Bridgepointe with a bike path.

POLICE REPORT:

Chief Wilson presented the Police Report. The Chief told the Council that Officer Loeser attended Transportation Day at St. Francis Preschool on Wolf Pen Branch Road and spent time with the children, answering a lot of questions and provided them with personal safety information to take home and share with their parents. Chief Wilson brought pictures of the Self Defense Class his police officers recently conducted, 25 residents's participated and it was a huge success.

UNFINISHED BUSINESS:

ORDINANCE 472, SERIES 2006: AN ORDINANCE AMENDING SECTION 150.02(K) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT SO AS TO SET REQUIREMENTS FOR GAZEBOS IN RESIDENTIAL AREAS OF THE CITY was read for the second time and passed on a 6-0. For Tucci, Simon, Leonard, Zimmerman, Smith and Eberle.

Cliff Ashburner attorney for the Overlook Condominiums presented the Council with the Development Agreement the Council had requested at the August Council Meeting. It states that Premier Land Co., LLC agrees to install inclinometers and piezometers to monitor soil movement. The monitoring is required for a period of three (3) years from the date of the installation with a stipulation that if further remediation or stabilization is required, monitoring shall continue for three (3) years from the date of the remediation or stabilization under the same terms and conditions as set forth. There would be an amendment to the Binding Elements with respect to the Premier Property under Docket No. 9-37-03-V. City Attorney Grover Potts present to the Council two (2) things: the Development Agreement and the Amended Binding Elements. Council Member Eberle made a motion to approve the Development Agreement and the Amendment to the Binding Elements; Council Zimmerman seconded; passed on a 6-0 roll call vote.

NEW BUSINESS:

FIRST READING, ORDINANCE NO. 473, SERIES 2006: AN ORDINANCE AMENDING SECTION 96.01 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO SATELLITE DISHES. The Council received information that the Federal requirements provide that we can not legislate anything less than one (1) meter and therefore the amendment reads 39.37 inches.

ADJOURNMENT:

Council Member Simon motion to adjourn the meeting; Council Member Zimmerman seconded; the meeting was adjourned at 8:35 PM.

Respectively submitted,
Ann Melton
Recording Secretary

Approved:
Joseph H. Kehlbeck
Mayor                                                                                    

ATTEST:
Ann R. Simms
City Clerk