CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
February 21, 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 Ann Melton; 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 minutes of the regular City Council Meeting of January 10,   2011; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:  

Mayor Eberle noted current monthly financial records reflect 77.6% of budgeted revenues collected and 55.4% of budgeted expenses disbursed seven months into the fiscal year.   The revenue figure is higher in that the property tax is collected in the first half of the fiscal year.   Ann Simms continues her work on the Federal Emergency Management Agency grant application to provide funds for an emergency generator at City Hall.   The application for a variance to the Prospect sign ordinance by the recently opened Brownsboro Hardware Store in Prospect Point Shopping Center was denied at the Special City Council Meeting of February 9 th .   The hardware store has submitted a new sign permit application requesting channel lettering instead of a box backlit sign.   It appears that the new request will be in compliance with the sign ordinance.   Mayor Eberle noted that a communication had been sent in error to the media by an individual stating that tonight's meeting would include a meeting of the Ad Hoc Committee to Study Prospect Deer Populations.   He noted that was not the case and called upon Committee Chair Mike Scott for an update on that Committee's activities.   Council Member Scott noted that the Committee had a meeting at City Hall on February 14 where a representative of the Kentucky Department of Fish and Wildlife addressed those present.   Mayor Eberle expressed concern that while the January 20 th and February 14 th meetings were posted, one or more meetings were held or planned without placement of notice and several residents had expressed strong objection.   Mayor Eberle asked Library Committee Liaison Sandra Leonard for a library update.   She noted that the inventory of the library collection is approximately 75% complete.   The Committee volunteers are also working on the Spring Book Sale scheduled for Friday and Saturday, May 20 and 21.   Mayor Eberle advised that the Final Resource Management Plan for the Putney Pond and Woodlands natural area was submitted to the Kentucky Heritage Land Conservation Fund on January 21 st .   Annual Resource Management Plans have been submitted for several years, but this year's plan is the last we are required to submit.   The Forestation Board did not hold a regular February meeting.   Their next regularly scheduled meeting will be March 14, 2011.   City officials as well Council Members Leonard and Miles have walked the two alternate routes proposed by the Metropolitan Sewer District (MSD) for the force main along Harrods Creek to be installed after the Prospect area "south treatment plant" is taken off line.   The alternate routes were the subject of a presentation by MSD at the January 10 th Regular Council Meeting.   The City is awaiting MSD reports on the number, species and size of trees affected on each route before advising MSD further.   Mayor Eberle noted he was pleased to have been selected by the Jefferson County League of Cities as their representative on Metro Mayor Greg Fischer's "Metro Merger 2.0 Task Force."   The group will be co-chaired by Former Louisville Mayor David Armstrong and former Jefferson County Judge Executive Rebecca Jackson.   Its full membership will be announced at a press conference to be held Friday, March 18 th .   The charge of the Task Force will be to study to the relative success of the merger of city and county government in Jefferson County over the past ten years.   City Attorney Grover Potts has noted recent proposed changes to the Metro Government Land Development Code affecting conditional use permits which will need to be approved by the Louisville Metro Council.   After that the City of Prospect will need to determine which of the changes, if any, they wish to adopt.   Mayor Eberle is also continuing to work with City Attorney Potts in an effort to have Louisville Metro Planning and Design Services formally incorporate the City of Prospect Comprehensive Transportation Study of 2010 (a.k.a. "The Prospect Mobility Study") in the Louisville Metro Land Development Code.  

POLICE REPORT:

Chief Marvin Wilson presented the monthly police report to the Council.   Officer Elgin Price has continued to work on a case involving criminal possession of a forged prescription.   The pharmacy and the doctor have been cooperative and a suspect has been charged.   The Department is also investigating a series of thefts from a local grocery store and several leads have been identified.   The Kentucky League of Cities grant application for the purchase of an additional digital video camera for patrol cars is still pending.   The Department has been successful for the past three years in obtaining grants through the Kentucky League of Cities.   The decision on this year's grant application should be made by April 15th.  

COMMENTS FROM CITIZENS:

Mayor Eberle invited comments from citizens.   He reminded those present that tonight's meeting is not a meeting of the deer study committee as several sources had indicated, but the Council would take citizen comments on that issue first.   Those comments are to be followed by general comments from citizens.   Comments regarding the proposed contractor sign ordinance and the proposed insurance tax ordinance would be accepted at the time those issues appear on the agenda.   Discussion followed on issues concerning deer with citizens offering widely varying viewpoints.   After all requesting to be heard had spoken, Joe Kehlbeck commented to the Council concerning communications and fiscal management.    

NEW BUSINESS:

Council Member Alan Simon moved approval of MUNICIPAL ORDER NUMBER 1, SERIES 2011, AN ORDER CONSENTING TO THE NOMINATIONS OF THE MAYOR FOR CITIZENS OF THE CITY TO SERVE ON THE CITY OF PROSPECT ETHICS COMMISSION AND AFFIXING TERMS OF OFFICE THERETO.   Council Member Stuart Miles thanked the members of the Commission, Susan Nicholson, John Embry and retired Supreme Court Justice Martin Johnstone, for their continued willingness to serve on the Commission.   Council Member Simon moved for adoption of the Municipal Order, Council Member Miles seconded, passed unanimously on a roll call vote.

Council Member Alan Simon gave FIRST READING, 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 the City currently has no ordinance regulating the placement of contractor signs on parcels where repair or remodeling work is being or has been conducted.   Council Member Leonard made several suggested changes to the ordinance. Prospect resident Martin Williams offered citizen comment.  

UNFINISHED BUSINESS:

Council Member Alan Simon moved second reading and approval of ORDINANCE NUMBER 510, SERIES 2011: AN ORDINANCE AMENDING CHAPTER 113 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO INSURANCE COMPANY LICENSE FEES. Council Member Sandy Tucci seconded.   The ordinance was read.   Mayor Eberle noted that it had also been discussed at the January 10, 2011 Regular Meeting as well as the February 9, 2011 Special Council Meeting.   Discussion followed with all Council Members and Mayor Eberle addressing the ordinance.   Twelve citizens also commented speaking both in favor and in opposition.   After all requesting to be heard had spoken Mayor Eberle thanked everyone present for their input.   The ordinance was adopted 4-2 on a roll call vote with Council Members Tucci, Simon, Ertel and Miles in favor and Leonard and Scott opposed.  

ADJOURNMENT:

There being no further action to come before the Council, Council Member Simon moved to adjourn, Council Member Leonard seconded, motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 9:30 p.m.  

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk