CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
January 10, 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 Barbie A. Hennessey.  ß

Mayor Eberle called the meeting to order at 7:00 p.m.  He asked for a moment of silence to hold a thought for Arizona Congresswoman Gabrielle Giffords who had been gravely injured by an assassin and for U.S. District Court Judge John Roll and five other persons who were killed in the attack.

APPROVAL OF MINUTES:

Council Member Alan Simon moved approval of the minutes of the regular City Council Meeting of December 13,   2010; Council Member Sandra Tucci seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted that the 23 year old daughter of Prospect's long time city engineer Mark Adams had died in an automobile accident on January 7 th .   He extended his deepest sympathy to the family.   Mayor Eberle then welcomed Conner Perkins, Gabe Jackson and Riley McCartney, three Boy Scouts from local Troop 109 in attendance at the meeting working on their Communications Merit Badge.    

Mayor Eberle noted our current monthly financial records reflect a little over 70% of budgeted revenues collected, and 43.6% of budgeted expenses disbursed halfway through the fiscal year.   The revenue figure is higher in that the property tax is collected in the first half of the fiscal year, being due on October 1 st .   The City has been advised that the proposed expansion plan by Kroger at Prospect Village Shopping Center will be undergoing a revision.   The change in the proposal has not been received by the City and may be presented to Louisville Metro Planning and Design Services in the near future.   The City anticipates a presentation by Kroger on the revised plan at an upcoming Council Meeting.   The Putney Pond and Woodlands Advisory Committee has been working on the Final Resource Management Plan which is due this month under the grant funding agreement from the Kentucky Heritage Land Conservation Fund.   Committee Chair Linda Wardell will present the Plan under a special order later in the meeting.   At the request of the Council, An Ad Hoc Committee to Study Prospect Deer Populations has been appointed with Council Member Mike Scott as Chair.   He will be joined on the Committee by Council Member Sandra Leonard, Prospect resident Frank Fulcher and representatives of various neighborhoods of the City.   The Falk Library's first inventory is underway.   It is being conducted by Library Committee members and volunteer friends of the Library.   Council Member Sandra Leonard, liaison to the Library Committee noted the purpose of the inventory is to reconcile what we have in the library collection with library computer records.  

SPECIAL ORDERS:

Putney Pond and Woodlands Final Resource Management Plan    Mayor Eberle announced the first Special Order of the meeting: an activity update and review of the Final Resource Management Plan for the Putney Pond and Woodlands (PP&W) natural area. Mayor Eberle introduced Prospect resident Linda Wardell, Chair of the Putney Pond and Woodlands Advisory Committee, to discuss the Plan.   Draft copies were made available to those present.   Ms. Wardell noted the Plan was required under the terms of the Kentucky Heritage Land Conservation Fund Grant for purchase of the land.   Several interim plans developed by the Committee have been submitted to the Fund since purchase of the property in 2008.   A biological inventory of the plants and animals on the property was also required under the grant.   That inventory was submitted to the Fund in November of 2010.   The Final Resource Management Plan details the purpose of the property:   to serve as a community resource for natural area recreation, education and scientific research.   Volunteers will continue to conduct trail maintenance as well as removal of invasive species.   Boy Scout and Girl Scout projects will also provide improvements for the area.   As grants, donated funds or appropriations become available, an improved access road and a boardwalk system through the wetlands area are anticipated.   The Final Plan must be submitted by the end of January.   Any comments or suggestions can be sent to Ms. Wardell or Mayor Eberle.

2011 Craigmyle Public Service Award    Mayor Eberle thanked Ms. Wardell for all of her work on the Final Resource Management Plan and asked her remain for the second Special Order of the meeting.   He expressed his appreciation for the countless hours and many weekends she has spent working in a volunteer capacity for Putney Pond and Woodlands.   Mayor Eberle stated that in appreciation for all of her volunteer efforts over the past years, Ms. Wardell has been selected as the recipient of the City of Prospect's 2011 Beach Craigmyle Public Service Award.   The award has been given for the past twenty-two years to recognize outstanding public service commitments to the City of Prospect.   Linda was one of the founding members of the Prospect Green 2010 Committee, worked on the grant which led to the purchase of the Putney Pond property, was a key member of the Prospect Public Tree Inventory conducted in 2008 and has served as Chair of the Putney Pond and Woodlands Advisory Committee since its inception in 2009.  

Plan to Remove Metropolitan Sewer District Wastewater and Sewage Treatment Plants     Mayor Eberle introduced Mr. Steve Emly of the Metropolitan Sewer District (MSD) for a presentation regarding current plans to remove several wastewater and sewage treatment plants in the Prospect area.   Mr. Emly identified five existing package treatment plants in the Prospect area which a federal court consent decree requires MSD to eliminate and replace with other facilities in order to prevent sanitary sewer overflows and combined sewer overflows in the service area.   The five area plants required to be out of service by the end of 2015 are Hunting Creek North, Hunting Creek South, Timber Lake, Shadow Wood and Ken Carla.   A regional pumping station would be created just west of the Ken Carla subdivision.   A portion of the new sewer line would involve a force main on land owned by the City of Prospect just east of the area where the Hunting Creek South plant now stands.   There are two alternate alignments which have been identified for that line.   The alternate lines have been staked with color-coded tags.   The line would flow under Harrods Creek and connect to the Hite Creek Treatment Plant.   The Hunting Creek South Treatment Plant will be demolished and the land will be deeded to the City of Prospect once the plant is taken off line.   Interested individuals may walk the marked area and offer comment as to the alternate routes to MSD or the City of Prospect.   All demolished treatment plant sites will be graded and returned to natural condition.   Inquiries were made by several Council Members and discussion followed.          

POLICE REPORT:

Chief Marvin Wilson presented the monthly police report to the Council.   The City responded to several non-traffic related incidents during the month of December, including a home invasion.   The department is also currently investigating a case involving criminal possession of a forged prescription.   A suspect has been identified and an investigation is underway with an arrest anticipated in the near future.   Chief Wilson thanked the Council for their recent passage of an ordinance restricting parking in yards.   Several code enforcement efforts have already been undertaken by officers to address those situations.  

Chief Wilson noted that he had recently completed a grant application through the Kentucky League of Cities for the purchase of digital cameras in police cars.   The Police Department has been successful three years in a row in obtaining such grants.   Their purpose is to replace VCR cameras with digital cameras on all cars in that the VCR cameras are failing and repair parts are difficult to locate.   This year's grant application would require only a 25% match compared to previous grants which required a 50% match.  

Council Member Tucci inquired about policy concerning off-duty call up of officers when they are in the area and are needed to assist with a run.   Chief Wilson noted that policy has been clarified to require such assistance on all Code 3 calls.  

COMMENTS FROM CITIZENS:

Several residents addressed the Council on the subject of city finances as well as the proposed rate change in the insurance company license fee and attendant insurance premium tax rate increase.   Those addressing the Council included James Stuckert, Joseph Kehlbeck, Homayoun Sarabi, William Brab and Peggy Mealey Miles.

Jim Lehrer, owner of Brownsboro Hardware, addressed the Council.   He noted the City had denied a sign permit application for his new store in the Prospect Point Shopping Center in that the proposed sign exceeds the Prospect ordinance's size and illumination standards for retail shopping center signs.   The sign he had proposed involved a specific logo which matches his other store.   He would like to replicate the sign of his original store in order to secure consistent branding for his business.   He requested that the Council consider a variance from the Prospect sign ordinance to accommodate the sign he proposed.   Discussion followed with all Council Members participating. Mayor Eberle suggested that all Council Members make an effort to view the Brownsboro Hardware backlight logo sign at nearby Brownsboro Center shopping center during evening hours when lighted by January 22, 2011 before considering whether to approve a variance for a similar sign at Prospect Point Shopping Center.   All Council Members agreed and the decision on a variance was deferred.   In that a grand opening for the Prospect Point Brownsboro Hardware store is scheduled for the first of March and an order for a custom made sign will have to be placed, the Council agreed to make their final decision on the request for a variance as soon as possible.   

NEW BUSINESS:

Council Member Sandy Tucci gave first reading to ORDINANCE NO. 510, SERIES 2010:   AN ORDINANCE AMENDING CHAPTER 113 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO INSURANCE COMPANY LICENSE FEES.   Discussion followed concerning the proposed rate change in the insurance premium tax from 5% to 7.5% while retaining the current rate of 5% for life insurance premiums.   All Council Members participated in the discussion.   Comments were also received from members of the public.  

ADJOURNMENT:

There being no further action to come before the Council, Council Member Alan Simon moved to adjourn.   Council Member Loretta Ertel seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 9:02 p.m.  

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms

City Clerk