CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
August 15, 2011

(A complete transcript of this meeting is available at City Hall and on the City's Web Site, 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:

The minutes of the Regular City Council Meeting of July 18, 2011 were distributed.   City Attorney Grover Potts noted one change to the minutes. He was not at the July meeting and Frank Chuppe's name should be noted as the Acting City Attorney in attendance. Council Member Alan Simon moved approval of the minutes of the regular City Council Meeting of July 18, 2011 as amended; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:  

Mayor Eberle reported that 2.8% of budgeted revenues have been received and that 8.8% of expenses have been disbursed so far this fiscal year. He also reminded everyone that revenues from property taxes are due October 1 st   and budgeted revenue figures should grow considerably in the coming months.   The Parks and Recreation Advisory Committee had a trail work day on July 20 th.   Council Member Miles led a group of six volunteers.   The Forestation Board has moved their regular monthly meeting for August to Tuesday, August 23 rd at 5:30 p.m.   Council Member Sandra Leonard said that donations are coming in well for the fall library book sale and all books that were purchased from the proceeds of the spring book sale are now on the shelves. The library has also started a magazine exchange for residents. Mayor Eberle noted that former Louisville resident Sallie Bingham will be at the library on Saturday, September 24 th for a reading and book signing of her new book, Mending .   She has donated signed copies of all thirteen of her titles to the library's permanent collection.   Mayor Eberle is working with City Attorney Grover Potts on a proposal addressing changes to conditional-use land use permits which Louisville Metro has adopted.   The City of Prospect will have to accept or decline those changes.   The fall 2011 "Second Sunday Concerts" will be held at Cowley Park on September 11, October 9, and November 13 from 4:00 to 6:00 p.m.   Everyone is invited and encouraged to bring a picnic, or take advantage of the food truck vendors who will provide a variety of dining options.   Mayor Eberle thanked our Community Event Sponsors who provide funds for the Second Sunday Concert Series as well as 4 th of July, Pun'kin Paint'n and Mayor's Beautiful Day.   The Louisville Ironman Triathlon will be coming through Prospect for the fourth year in a row on Sunday, August 28 th.   An e-mail blast will be sent with road closings and other information. In follow-up to Council Member Loretta Ertel's request for distribution of information concerning the safe disposal of CFL light bulbs, Mayor Eberle noted the city has learned that both Home Depot and Lowes have bins located at the entrances of their stores and Prospect's Brownsboro Hardware is considering a disposal collection bin for the future.   Prospect's waste hauling contractor, Rumpke, has requested that CFL bulbs not be placed in garbage.   Two new businesses have joined the Prospect business community in the past month: Green Apples Frozen Yogurt and Prospect Martial Arts. Both are located in the Prospect Village Shopping Center.    

POLICE REPORT:

Police Lieutenant Dennis Wine gave the monthly police report. Citations for speeding and disregarding traffic signals were up significantly from the same month last year. The Department has been investigating felony thefts of copper, specifically thefts of copper guttering and downspouts.   The price of scrap copper and other metals has led to an increase of these types of crimes across the area.   Prospect Police have arrested one person but two others implicated in the crime are still at large.   Lieutenant Wine also noted that there have been a number of recent car break-ins and several arrests have been made but other cases are still under investigation.   Council Member Alan Simon noted complaints about the length of the traffic lights from entry intersections on to U.S. Highway 42.   Lieutenant Wine reported that Louisville Metro has jurisdiction Highway 42 and its traffic patterns. Chief Wilson and Mayor Eberle have inquired about the change and were told that Louisville Metro had done a study on the area and determined that they should lengthen the wait period for the entry of cars from the intersections. After many complaints were received, Metro made a relatively minor adjustment to one of the intersections (Hunting Creek Drive).   Information sheets were distributed noting the contact person for public comments regarding the change:   Jason Yeager, Metro Department of Public Works, Room 3 City Hall, Louisville, Kentucky 40202 (574-1195).   Mayor Eberle noted that he is writing a letter to Mr. Yeager and encouraged concerned residents to do so as well.   Council Member Sandra Leonard noted difficulties with the light and turn lane at the intersection of U.S. 42 and Wolf Pen Branch Road.   Lieutenant Wine advised that the Prospect Police Department has received a grant for five new sets of body armor, valued at approximately $500 a piece. The grant is through the Kentucky Office of Homeland Security. This is 100% reimbursement grant and the City does not have to match the funds.   In closing his report, Lieutenant Wine reminded everyone of the Police Department's annual Self-defense Class for Women to be held at City Hall on Tuesday evening September 13 th at 7 p.m.   There is no charge, but advance registration is needed.   Council Member Stuart Miles noted that his daughters had taken the class and found it very beneficial.

SPECIAL ORDER:

Mayor Eberle introduced Sharon McGee, Vice President and Treasury Management Officer with Republic Bank for an overview of municipal investments.   Ms. McGee has thirty-six years experience in the banking industry and has managed the City of Prospect accounts since 2000.   She meets regularly with the City to review investments and best banking practices for Prospect.   Ms. McGee discussed the statutory limitations on the types of investments which cities can undertake.   Kentucky requires that all accounts be covered by the Federal Deposit Insurance Corporation or be fully collateralized.   Banks must purchase the collateral for their municipal account holders.   The investment market has fluctuated severely since 2008 and interest rates are at record lows.   To offset the low interest returns for the City, Republic Bank has "grandfathered" Prospect to waive fees which are now charged to other bank customers.   Approximately $8,000 in fees were waived over the past year.   Currently most banks are not opening collateralized accounts due a lack of any spread for the bank.   Prospect accounts are reviewed continually to weigh the best decision between slightly increased interest rates versus waiver of fees.   Mayor Eberle noted that the City's current priorities for investment are safety, followed by liquidity and return on investment.   Discussion followed among Council Members concerning particular issues regarding the City of Prospect's banking and investment services.  

COMMENTS FROM CITIZENS:

Mayor Eberle opened the meeting to citizen comments.   Several citizens came forward to voice their displeasure with the current traffic light timing by Louisville Metro on U.S. Highway 42 through Prospect. It was also suggested that a flashing turn arrow be installed at U.S. Highway 42 and Wolf Pen Branch Road.   Two residents expressed concern with long term construction on houses in the Fox Harbor neighborhood and the placement of building materials in front yard areas.   It was suggested that building construction or remodeling projects should be allowed to continue only for a certain duration.   Comment on two proposed ordinances concerning a change in Prospect's Village Form District was held until after both had been given first reading.

NEW BUSINESS:

Mayor Eberle advised that there are two ordinances scheduled for first reading which deal with possible changes to Prospect's Village Form District standards in our land use and development code.   Copies of the proposed ordinances were distributed.   It was noted that one of the two alternative ordinances could be adopted as introduced or as amended, and if neither ordinance is adopted Prospect's current Village Form District standards would remain unchanged.  

Council Member Loretta Ertel gave first reading to ORDINANCE NO. 516, SERIES 2011: AN ORDINANCE RELATING TO THE AMENDMENT AND MODIFICATION OF CHAPTER 5 OF THE LAND DEVELOPMENT CODE FOR ALL OF JEFFERSON COUNTY, KENTUCKY AS ENACTED BY THE CITY OF PROSPECT

Council Member Sandra Leonard gave first reading to ORDINANCE NO. 517, SERIES 2011:   AN ORDINANCE RELATING TO THE AMENDMENT AND MODIFICATION OF CHAPTER 5, PART 2, SECTION 5.2.6.D. AND CHAPTER 5, PART 3, SECTION 5.3.1.C.7. OF THE LAND DEVELOPMENT CODE FOR ALL OF JEFFERSON COUNTY, KENTUCKY AS ENACTED BY THE CITY OF PROSPECT   

All Council Members participated in a general discussion of the proposed ordinances.   City Attorney Grover Potts noted both ordinances would allow for expansion of commercial structures in the Village Form District with the differences between the ordinances being that:   Ordinance 516 would place a cap on the square footage of expansion of commercial structures, and Ordinance 517 would not place a cap on them; also Ordinance 516 would not allow expansion to include independent structures not shown on the approved original development plan in effect when the Prospect Village Form District was adopted, and Ordinance 517 would allow the inclusion of independent structures not shown in the original approved development plan.   Discussion continued between Council Members, Mayor Eberle and City Attorney Grover Potts.

Mayor Eberle then opened the discussion to comments from citizens.   Several residents spoke in favor of each of the ordinances.

ADJOURNMENT:

There being no further action to come before the Council, Council Member Alan Simon moved to adjourn.   Council Member Stuart Miles seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 9:05 p.m.  

Respectfully submitted,

Holly Clark
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk