CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES

September 17, 2007

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

PRESENT:

Present:   Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Alan Simon and Lee Zimmerman; City Attorney Grover Potts;   City Administrator Ann Simms; Police Chief Marvin Wilson;   Recording Secretary Ann Melton; Court Reporter Bruce Handy.

Absent:   Council Member Sandra Tucci and Council Member Stuart Miles.

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

APPROVAL OF MINUTES:

Council Member Ertel moved approval of the minutes of the regular City Council Meeting of August 20, 2007; Council Member Leonard seconded: passed unanimously.

MAYOR'S REPORT:

Mayor Eberle introduced City Council guest John Weis of the Governor's Office for Local Development and thanked him for his attendance.   The Mayor suggested that the Council members consider changing the regular City Council Meeting time to 6:30 p.m. Council Member Simon and Council Member Zimmerman felt that 6:30 would not be convenient, but 7:00 p.m. may well be appropriate.  

Mayor Eberle advised that Council Members Loretta Ertel, Sandra Leonard and Sandy Tucci, and City Administrator Ann Simms   traveled to Carmel, Indiana near Indianapolis earlier this month to observe traffic roundabouts in that city.   They were guests of   the Mayor of Carmel and toured the city with him for several hours viewing the design and function of nearly 30 roundabouts in Carmel.   Consideration of the use of traffic roundabouts is a key design issue in the upcoming proposal for widening of U.S. 42 to include an extra turn lane.  

Mayor Eberle reported that City Administrator Ann Simms and Council Member Sandra Leonard attended the opening of sealed bids for the exploratory drilling operation for the "East End Bridge" tunnel through Prospect.   Three bids were submitted but none qualified.   The bid process will have to be repeated which will in turn slow the construction schedule to some extent.

Mayor Eberle also reported to the Council that the City is working with American Legal Publishing on the re-codification of Prospect's Code of Ordinances.   This process has not been conducted for several years and it will make it easier for city staff,   Council Members and citizens to access our ordinances.  

POLICE REPORT:

Police Chief Marvin Wilson presented the monthly police report.   He reminded everyone that the police department is conducting a self-defense class on Tuesday, September 18 th from 7:00p.m. to 8:30 p.m.   Officer Elgin Price will participate in the interactive demonstrations.   At present 20 adults and 10 children are signed up for the class.   

COMMENTS FROM CITIZENS:

Mona Changaris addressed the Council and advised that she was representing two landowners who want to sell approximately 28 acres of undeveloped land near Prospect along U.S. Highway 42.   They are interested in learning what the City of Prospect would like to have developed in that area.   Inquiries have been received from several commercial sources.   Mayor Eberle explained that the property is not presently in the City of Prospect, but if the City prevails in a pending Kentucky Supreme Court case the land may be annexed.   At that time Prospect may be in a position to consider what land use options might be proposed, but at present the Council would not be able to comment.     

UNFINISHED BUSINESS:

Mayor Eberle brought the Council up to date on The Overlook at Harrods Creek Condominiums and the amendments to Binding Elements 19 and 20 which City Attorney Grover Potts proposed at the July Council Meeting.   No one was present from Premier Land Company, the developer of the condominiums, nor was their attorney present.   City Attorney Grover Potts noted that the developers and the City were somewhat close to reaching an agreement with regard to Binding Element 19 which addresses the failed upper slope near building four.   Premier and their attorney are opposed to the proposed Binding Element 20 which addresses the lower slope and creek bank area near building four.   Attorney Potts and Mayor Eberle asked the engineer retained by the City, Peggy Haggerty Duffy, her opinion as to the need for an agreement with regard to the lower slope and creek bank area.   She noted that the upper slope and lower slope issues were separate and needed to be addressed separately.   She also noted that failure to address the lower slope and creek bank issues may lead to problems with other slope areas along Harrods Creek near buildings five and six.   She strongly recommended that a more comprehensive study of the creek bank, as suggested by Dr. Arthur Parola, be conducted.   The developer, Premier Land Company, on the other hand would prefer to wait until a problem arises with the lower slope and creek bank.   Ms. Duffy noted that a comprehensive study could be accomplished in roughly thirty days.   Mayor Eberle asked, depending on Dr. Parola's calendar, whether it would then be realistic to have Dr. Parola complete a comprehensive examination and study by January 15, 2008 and to have an agreement as to what if anything needs to be done by March 15 th .   Discussion regarding a reasonable time frame ensued and it was decided that a study may in fact be able to be completed by December 1, 2007, an agreement reached as to a remedy by February 1, 2008 and completion of the work by July 1, 2008.   An approximate cost of the comprehensive study was thought to be in the neighborhood of $5,000.   It was decided to have City Attorney Potts contact Premier Land Company's Attorney Cliff Ashburner and advise him that the City would like Dr. Arthur Parola conduct a comprehensive study and propose the time frames discussed.

Council Member Alan Simon moved SECOND READING, to ORDINANCE 481, SERIES 2007:   AN ORDINANCE RELATING TO THE SELECTION, PLANNING, PROTECTION, CARE, MAINTENANCE, REMOVAL AND MANAGEMENT OF TREES WITHIN THE CITY OF PROSPECT.   Council Member Leonard expressed concerns over the spacing requirements for street trees and standards set for bushes and shrubs as well as for trees.   After some discussion it was decided to table Ordinance 481 for further discussions involving the Forestation Ordinance Drafting Committee, Council Member Leonard and any other interested Council Members.   Council Member Alan Simon made a motion to table the ordinance and Council Member Sandra Leonard seconded; passed unanimously.

EXECUTIVE SESSION:

No need for an executive session was noted and none was requested.

ADJOURNMENT:

Council Member Zimmerman moved for adjournment; Council Member Simon seconded; passed unanimously.

Mayor Eberle declared the meeting adjourned at 8:40 p.m.

Respectfully submitted,

Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk