CITY OF PROSPECT
CITY COUNCIL MEETING MINUTES
APRIL 18, 2011

(A complete transcript of this meeting is available at City Hall and on the City's website, http://www.prospectky.com )

ATTENDANCE:

Present: Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Mike Scott, Alan Simon, and Sandy Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Holly Clark; Court Reporter Carola Strijek.

Mayor Eberle called the meeting to order at 7:00 p.m.

APPROVAL OF MINUTES:

Council Member Alan Simon moved approval of the March 21, 2011 City Council Meeting Minutes; Council Member Ertel seconded; Passed unanimously.

MAYOR'S REPORT:

Mayor Eberle announced the hiring of new Deputy City Clerk for Administration, Holly Clark. He introduced Holly to the attendees and gave a brief description of her background and qualifications, including her service as Deputy City Clerk for the City of LaGrange, Kentucky. Mayor Eberle also thanked everyone who attended the retirement party at City Hall for former Deputy City Clerk Ann Melton.  

Current financial records reflect 81.8% of budgeted revenues collected and 73.2% of budgeted expenses disbursed through the end of nine months of operation.   Mayor Eberle is working to gather total assessed valuations from the Property Valuation Administrator (PVA) Offices in both Jefferson and Oldham Counties. He noted that a significant number of Prospect residents have received reassessment notices from the Jefferson County PVA Office, virtually all of which resulted in lower assessed valuations lowering property taxes for a substantial number of Prospect residents.  

On Wednesday, April 20 th , interested persons will be gathering at City Hall and travel to the City's waste disposal contractor, Rumpke, for a tour of their recycling facility. The Mayor urged everyone to participate in the tour.   It is designed answer any questions citizens may have about the recycling process including which specific items are recyclable.  

Mayor Eberle noted that the City is still waiting for a response to the grant application for a City Hall generator.   All requested documentation has been sent to the Federal Emergency Management Agency by City Administrator Ann Simms.  

Mayor Eberle called on Council Member Sandra Leonard for a library report.   She noted that the library email system is back up and working. The catalogue inventory is going well.   She also reminded everyone of the library's Spring Book Sale which will be held on Friday May 20, and Saturday May 21, 2011 from 9:00 a.m. to 5:00 p.m. each day.   Donations of books, and other library media are being sought.  

Mayor Eberle advised that the Parks and Recreation Advisory Committee had recently conducted two volunteer work weekends.   One was headed by Council Member Stuart Miles on April 2 nd , 2011, where work was done on the trails at Putney Pond and Woodlands.   The second was held on April 17 th and focused on the removal of the invasive species garlic mustard from public areas in and near Putney Pond and Woodlands.   Future Parks and Recreation Committee events include a bird watching walk hosted by Prospect residents Paul and Carol McAllister.   Interested persons are encouraged to meet in the City Hall parking lot at 9:00 a.m. on May 14 th to participate in that event.   The Committee has been working with local Boy Scouts on their projects to achieve Eagle Scout status. One of those projects resulted in five benches being placed along trails and in an outdoor classroom at the Putney Pond and Woodlands.   Nick Patterson of local Boy Scout Troup 30 conducted that effort.   Another Eagle Scout project is being planned to install picnic tables at Little Hunting Creek Park.   Council Liaison to the Committee Stuart Miles noted fundraising is nearly complete for a handrail to be added to the Hardin Stairway adjacent to the outdoor classroom at Putney Pond and Woodlands.   He hopes to have it installed in time for the "Open House" planned for Saturday May 21 st , an event which will coincide with the library's Spring Book Sale.  

The City of Prospect has received formal written notification from the National Arbor Day Foundation of Prospect's Tree City USA renewal. This is the third year in a row that the City has enjoyed that status. Prospect also received a Tree City Growth Award for the second year in a row.   At the most recent meeting of the Forestation Board, the members selected a preferred route for the Metropolitan Sewer District's force main to be installed on public land along Harrods Creek.   The "lower path" which was selected would call for fewer trees to be removed and would eliminate the need for any blasting.   The Forestation Board has completed their 2011 Annual Forestation Plan for the city.   It is on the agenda for approval by the City Council later in the meeting.   Board Chair Lee Tucci congratulated Mayor Eberle for receiving the 2011 "Champion of Trees Award" from the National Arbor Day Foundation.   The award is given annually to "a government official or employee for demonstrating leadership in advancing forestry public policy at a community, state or national level."   The award will be accepted by Mayor Eberle during the National Arbor Day celebration on the weekend of April 29 - May 1 at the Arbor Foundation headquarters near Omaha, Nebraska.  

Mayor Eberle has distributed the changes made to the Metro Louisville Land Development Code regarding conditional use permits.   Prospect will now have to accept or reject those changes as a suburban city.   The Mayor urged the Council Members to review the changes and give him their comments.   An ordinance will have to be prepared for consideration on first reading at an upcoming Council Meeting.    

Mayor Eberle referenced the March 31 st action of the Metro Louisville Planning Commission for changes to the Village Center Form District which affect Kroger's proposal for expansion at their Prospect store.   He noted that speaker sign-in sheets indicated several persons wanting to address the issue of the Kroger expansion and that discussion of the topic would be had after the Citizen Comment portion of the meeting.   Council Member Sandy Tucci and Council Member Loretta Ertel stated their feeling that additional information was needed prior to consideration of Ordinance 512.   Council Member Alan Simon moved to table Ordinance 512.   Council Member Loretta Ertel seconded.   Discussion followed.   It was agreed by those moving and seconding the tabling motion to hold it in abeyance until after the Citizen Comment portion of the meeting.  

POLICE REPORT:

Police Chief Marvin Wilson presented the monthly police report to the Council. He called attention to several incidents including a situation where a resident reported his credit card had been taken. After investigating, Officers Loeser and Price interviewed a suspect and received an admission of guilt. Another item on the Police report involved a burglar alarm triggered when someone broke the glass in a door of a resident's home. The police arrived within three minutes. The burglar did not gain access to the home and the situation is being monitored. The Department recently received a call from a resident's daughter living in another state to check on her father who lives alone. When officers arrived on the scene they noted that he was in need of emergency medical service and he is now in medical care.   The Department recently investigated a report from a homeowner who had several thousand dollars of jewelry stolen from the home. The homeowner's cleaning person became a suspect.   After investigation, Officer Price arrested the cleaning person for the theft.   She admitted guilt in the case and has been sentenced to restitution of $10,000.   One night last month evening shift officers were on foot patrol and found three businesses unlocked.   In each case the owners were contacted and the businesses were secured.  

Chief Wilson reported that today he received a letter advising him that the Department's grant application for another in-car camera had been approved.   This is the fourth year in a row a grant for new cameras has been received.   The new digital cameras replace outdated VHS cameras in our police cars.    

Chief Wilson noted that several police officers will be passing out crime prevention information from a booth at the Prospect Area Chamber of Commerce Expo on Thursday, May 12 th to be held in the Harrods Creek Baptist Church Gymnasium from 3:30 to 7:30 p.m.

COMMENTS FROM CITIZENS:

Mayor Eberle invited comments from Citizens. Glen Price, attorney representing Kroger, spoke on the proposed store expansion and addition of a gas station in Prospect Village Shopping Center.   He also asked for clarification concerning the proposed tabling of Ordinance 512. Discussion followed.   Mayor Eberle noted that the City had not received direct notice of the March 31 st meeting of the Louisville Metro Planning Commission meeting which referenced the proposed expansion of the Prospect Kroger.   Mr. Price noted that the Planning Commission's meeting addressed a regulation change in the Village Center Form District.   The Commission normally makes a recommendation to the Metro Council.   After the Metro Council accepts or rejects the recommended change, they send the proposed change out to the smaller cities.   Mr. Price noted that when he realized that the City of Prospect had not been notified, he contacted the Board of Planning Commissioners and requested that the information be sent to Prospect.   Discussion followed between representatives of Kroger, the City Attorney and members of the Council.   Public comment on the proposed Kroger expansion continued with participation by approximately fifteen members of the public.  

NEW BUSINESS:

CITY OF PROSPECT 2011 FORESTATION PLAN.   The 2011 Prospect Forestation Plan has been unanimously approved by the Prospect Forestation Board.   Copies have been distributed to all Council Members and made available to the public.   The 2011 plan is now submitted to City Council for their approval.   Motion was made by Council Member Loretta Ertel to approve the 2011 Forestation Plan.   Seconded by Council Member Stuart Miles.   Council Member Sandra Tucci commended the work of the Forestation Board noting the resources they have to work with make up less than one per cent of the City's annual budget.   The 2011 Prospect Forestation Plan was approved unanimously on a voice vote.  

MUNICIPAL ORDER NO.2, SERIES 2011, AN ORDER CONSENTING TO THE NOMINATIONS OF THE MAYOR FOR CITIZENS OF THE CITY TO SERVE ON THE CITY OF PROSPECT CODE ENFORCEMENT BOARD AND AFFIXING TERMS OF OFFICE THERETO.   Mayor Eberle noted that Code Enforcement Board Member Dan Shomer has accepted nomination to the Code Enforcement as a Regular Member, moving from his current position as an Alternate Member.   Prospect resident John VanderToll has accepted nomination to the Code Enforcement Board as an Alternate Member replacing Mr. Shomer.   A municipal order has been prepared for Council approval of those nominations.   Motion for approval was made by Council Member Sandra Tucci.   Seconded by Council Member Alan Simon.   Motion passed unanimously on a voice vote.

OLD BUSINESS:

Second reading of THE CITY OF PROSPECT ORDINANCE NUMBER 511, SERIES 2011: AN ORDER AMENDING CHAPTER 157 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT REGULATING CONTRACTOR SIGNS. Mayor Eberle noted that this ordinance has been discussed for several months and amendments have been made.   Motion to adopt by Council Member Sandra Leonard.   Seconded by Council Member Mike Scott.   Passed unanimously on a voice vote.

Second Reading of CITY OF PROSPECT ORDINANCE NUMBER 512, SERIES 2011, AN ORDINANCE AMENDING CHAPTER 150 OF THE CODE OF ORDIANCES OF THE CITY OF PROSPECT RELATING TO BUILDING REGULATIONS. The ordinance would confirm the maximum square footage of any single commercial business within the city at 70,000 square feet.   Motion to table the motion had been made earlier by Council Member Alan Simon and seconded by Council Member Loretta Ertel.   Council Member Mike Scott asked City Attorney Grover Potts whether the Prospect Ethics Commission should review the ordinance to ensure that no member of the Council would benefit from the passage or rejection of the ordinance. After discussion among the members of the Council and City Attorney Potts, it was decided that a review would not be necessary.   Mayor Eberle reminded the Members that a motion to table was still before the Council and that it had been held in abeyance until the Old Business portion of the agenda.   Discussion followed.   Council Member Simon accepted an amendment to his motion to table which added the provision that any action to remove the ordinance from the table would result in Ordinance 512 being considered as first, instead of second, reading.   Council Member Loretta Ertel seconded the amended motion.   Passed unanimously on a roll call vote.

ADJOURMENT:

There being no further business, Council Member Ertel moved adjournment; Council Member Miles seconded; passed unanimously.

Mayor Eberle declared the meeting adjourned at 8:50 p.m.

Respectfully submitted,
Holly Clark
Recording Secretary

Approved:
Todd B. Eberle
Mayor  

Attest:
Ann R. Simms
ß City Clerk