CITY COUNCIL MEETING
APRIL 20, 1998

PRESENT

Mayor Lonnie Falk; Council Members Harold Smith, Nan Milliman, Raymond Burse, Alan Simon, Lee Zimmerman, Sandra Tucci; City Attorney John Evans; City Administrator Ann Simms; Police Chief Lewis Nugent; Recording Secretary Phyllis A. O’Donnell.

Mayor Falk called the meeting to order at 7:32 p.m.

APPROVAL OF MINUTES

Council Member Smith moved approval of the minutes of the regular City Council Meeting of March 16, 1998; Council Member Simon Seconded; passed unanimously.

PUBLIC HEARINGS

SECOND PUBLIC HEARING: USE OF MONEY RECEIVED BY PROSPECT FROM LOCAL GOVERNMENT ECONOMIC ASSISTANCE (COAL AND MINERAL TAX) FUND (Approximately $135 Fiscal Year 98-99). Mayor Falk stated this would be used for general expenses and opened the hearing for public comment. There being no public comment, Mayor Falk closed the public hearing.

 

SECOND PUBLIC HEARING: USE OF MONEY RECEIVED BY PROSPECT FROM STATE MUNICIPAL ROAD AID FUND (Approximately $40,000 Fiscal Year 98-99). Mayor Falk stated that this would be used for street paving and snow removal and opened the hearing for public comment. There being no public comment, Mayor Falk closed the public hearing.

SECOND PUBLIC HEARING: SETTING THE AD VALORUM TAX RATE FOR THE CITY OF PROSPECT AT 21.25 CENTS PER $100 ASSESSED VALUATION Mayor Falk added that this was a 5% decease in property taxes for the next fiscal year and opened the hearing for public comment. There being no public comment, Mayor Falk closed the public hearing.

COMMENTS FROM CITIZENS

There were no comments from citizens.

FINANCIAL REPORT

Mayor Falk presented the financial report for March, 1998.

POLICE REPORT

Chief Nugent reported that the police department would be receiving a new car video camera after July 1, 1998, donated by an insurance company. Otherwise, nothing significant to report.

UNFINISHED BUSINESS

Council Member Milliman introduced RESOLUTION NO. 4, SERIES 1998: A RESOLUTION OF THE CITY OF PROSPECT, KENTUCKY APPROVING AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM TCI TKR OF JEFFERSON COUNTY, INC. d/b/a/ TKR CABLE OF GREATER LOUISVILLE TO INTERMEDIA PARTNERS OF KENTUCKY, L.P.; Council Member Simon seconded; passed unanimously on a roll call vote 6-0.

Council Member Smith gave SECOND READING TO ORDINANCE NO. 353, SERIES 1998: AN ORDINANCE LEVYING AN AD VALOREM TAX RATE FOR THE FISCAL YEAR 1998-1999; Council Member Burse seconded; passed unanimously on a roll call vote 6-0.

NEW BUSINESS

Council Member Burse gave FIRST READING TO ORDINANCE NO. 354, SERIES 1998: AN ORDINANCE REGULATING THE OUTDOOR SALE DISPLAY AND STORAGE OF MERCHANDISE WITHIN THE CITY OF PROSPECT, KENTUCKY.

Council Member Simon gave FIRST READING TO ORDINANCE NO. 355, SERIES 1998: AN ORDINANCE REQUIRING THE COLLECTION AND SANITARY DISPOSAL OF ANIMAL WASTE WITHIN THE CITY OF PROSPECT.

Council Member Milliman gave FIRST READING TO ORDINANCE NO. 356, SERIES 1998: AN ORDINANCE AMENDING §110.10(B) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO BUSINESS LICENSE FEES.

Council Member Smith gave FIRST READING TO ORDINANCE NO. 357, SERIES 1998: AN ORDINANCE AMENDING §50.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO SEWERS.

Council Member Tucci gave FIRST READING TO ORDINANCE NO. 358, SERIES 1998: AN ORDINANCE AMENDING ­§72.99(B) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO VEHICLES WHICH MAY NOT BE LEFT UNATTENDED IN THE CITY OF PROSPECT.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 359, SERIES 1998: AN ORDINANCE AMENDING ­§90.99(A) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO THE CONTROL OF ANIMALS IN THE CITY OF PROSPECT.

Council Member Zimmerman gave FIRST READING TO ORDINANCE NO. 360, SERIES 1998: AN ORDINANCE AMENDING ­§91.16 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO MAINTENANCE OF AREAS ADJACENT TO PUBLIC WAY.

Council Member Milliman gave FIRST READING TO ORDINANCE NO. 361, SERIES 1998: AN ORDINANCE AMENDING ­§91.30 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO THE DAMAGE OR REMOVAL OF SHADE TREES.

Council Member Simon gave FIRST READING TO ORDINANCE NO. 362, SERIES 1998: AN ORDINANCE AMENDING §91.40 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO MUD AND GRAVEL ON THE STRETS WITHIN THE CITY OF PROSPECT.

Council Member Tucci gave FIRST READING TO ORDINANCE NO. 363, SERIES 1998: AN ORDINANCE AMENDING §92.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT PROVIDING FOR A PENALTY FOR VIOLATION OF CERTAIN CONDITIONS DECLARED AS NUISANCES.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 364, SERIES 1998: AN ORDINANCE AMENDING ­§93.99(B) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT PROVIDING FOR A PENALTY FOR VIOLATION OF FIRE PREVENTION SECTIONS.

Council Member Smith gave FIRST READING TO ORDINANCE NO. 365, SERIES 1998: AN ORDINANCE AMENDING §94.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT PROVIDING FOR A PENALTY FOR LITTERING.

Council Member Zimmerman gave FIRST READING TO ORDINANCE NO. 366, SERIES 1998: AN ORDINANCE AMENDING ­§95.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT PROHIBITING THE STORAGE OR PARKING OF ABANDONED OR JUNKED VEHICLES WITHIN THE CITY OF PROSPECT, KENTUCKY.

Council Member Milliman gave FIRST READING TO ORDINANCE NO. 367, SERIES 1998: AN ORDINANCE AMENDING §96.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO SATELLITE DISHES IN THE CITY OF PROSPECT, KENTUCKY.

Council Member Simon gave FIRST READING TO ORDINANCE NO. 368, SERIES 1998: AN ORDINANCE AMENDING §110.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO GENERAL LICENSING PROVISIONS.

Council Member Tucci gave FIRST READING TO ORDINANCE NO. 369, SERIES 1998: AN ORDINANCE AMENDING §111.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO A PENALTY PROVIDED FOR VIOLATION OF CHAPTER RELATED TO PEDDLERS, ITINERANT MERCHANTS AND SOLICITIORS. Council Member Milliman noted typo mistake in title.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 370, SERIES 1998: AN ORDINANCE AMENDING §150.99(A) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO A PENALTY FOR VIOLATION STRUCTURES WHICH MAY NOT BE USED AS RESIDENCES.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 371, SERIES 1998: AN ORDINANCE AMENDING §150.90(c) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO THE DEMOLITION OF BUILDINGS IN THE CITY OF PROSPECT.

Council Member Zimmerman gave FIRST READING TO ORDINANCE NO. 372, SERIES 1998: AN ORDINANCE AMENDING §152.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO THE REGULATION OF FENCES IN THE CITY OF PROSPECT.

Council Member Milliman gave FIRST READING TO ORDINANCE NO. 373, SERIES 1998: AN ORDINANCE AMENDING §154.99(A) OF THE CODE OF ORDINACES OF THE CITY OF PROSPECT RELATED TO SWIMMING POOLS IN THE CITY OF PROSPECT.

Council Member Simon gave FIRST READING TO ORDINANCE NO. 374, SERIES 1998: AN ORDINANCE AMENDING §154.99(B) OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT PROHIBITING ABOVE GROUND SWIMMING POOLS IN THE CITY OF PROSPECT, KENTUCKY.

Council Member Tucci gave FIRST READING TO ORDINANCE NO. 375, SERIES 1998: AN ORDINANCE AMENDING §156.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO STREET AND DESIGN STANDARDS.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 376, SERIES 1998: AN ORDINANCE AMENDING §157.99 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATED TO SIGNS WITHIN THE CITY OF PROSPECT, KENTUCKY.

Council Member Smith gave FIRST READING TO ORDINANCE NO. 377, SERIES 1998: AN ORDINANCE REGULATING THE CONSTRUCTION OF RESIDENTIAL OUTBUILDINGS WITHIN THE CITY OF PROSPECT, KENTUCKY. After some discussion the ordinance was withdrawn for rewriting.

Council Member Burse gave FIRST READING TO ORDINANCE NO. 378, SERIES 1998: AN ORDINANCE ESTABLISHING A BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR 1998-1999.

Council Member Smith gave FIRST READING TO ORDINANCE NO. 379, SERIES 1998: AN ORDINANCE ESTABLISHING A BUDGET FOR THE SEWER TREATMENT PLANT FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR 1998-1999.

Council Member Zimmerman gave FIRST READING TO ORDINANCE NO. 380, SERIES 1998: AN ORDINANCE ESTABLISHING A BUDGET FOR THE STATE MUNICIPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR 1998-1999.

Mayor Falk requested the Council consent to his recommendation of the appointment of Millicent Meehan to the City of Prospect Code Enforcement Board to replace Jan Fleck who has moved out of the City. Council Member Burse moved to adopt the recommendation; Council Member Milliman seconded; passed unanimously.

Council Member Simon introduced RESOLUTION NO. 5, SERIES 1998; A RESOLUTION RELATING TO PROPOSED ANNEXATION BY THE CITY OF PROSPECT, KENTUCKY. This resolution includes annexation of U.S. 42 from Rose Island Road to the Oldham County line, U.S. 42 from Wolf Pen Branch Road to Woodhill Valley Road, a small portion of Wolf Pen Branch Road and a portion of parking lot behind Prospect Plaza. Council Member Simon seconded; passed unanimously on a roll call vote of 6-0.

Council Member Burse moved the Council to meet in Executive Session for the purpose of discussing potential litigation and potential land acquisition; Council Member Simon seconded. The Council met in Executive Session from 8:08 p.m. to 9:15 p.m.

ADJOURNMENT

Council Member Zimmerman moved adjournment; Council Member Smith seconded; passed unanimously. Mayor Falk declared the meeting adjourned at 9:17 p.m.

Respectfully Submitted:

Phyllis A. O’Donnell

Recording Secretary

Approved:

Lawrence C. Falk

Mayor

ATTEST:

Phyllis A. O’Donnell

City Clerk


 

April 1998