CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
May 16, 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 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 Barbie Hennessey.   Absent: Council Member Loretta Ertel.

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 April 18   2011; Council Member Sandy Tucci seconded; passed with one abstention.

MAYOR'S REPORT:  

Mayor Eberle noted the current fiscal year financial update reflects 84.4% of budgeted revenues collected and 80.3% of budgeted expenses disbursed.   Mayor Eberle then presented his Annual Budget Message for the 2011-2012 budget. Members of the Council were previously given the budget and a copy of the 2011-2012 Budget Message for review. The budget contains balanced revenues and expenditures of $2,876,200. On the revenue side, the city's main sources of revenue continue to be the ad valorem property tax and the insurance premium tax.   The expenditure side includes a $50,417 restoration for the reserve fund.   It also provides a 1 ½ % merit salary increase for what Mayor Eberle called "extremely dedicated employees."   He noted that the document represents a fiscally conservative approach to finances for the upcoming year.   Of the ninety non-salary/benefit line items included, forty-nine lines are reduced, eighteen remain unchanged and twenty-three are increased.   The 2011-2012 budget protects the current level of existing core services to residents and does not include major capital expenditures or significant new initiatives.  

While the proposed budget anticipates the continuation of a slowed economy, the city's fiscal situation is much better than many governmental entities at state or municipal levels.   If economic conditions turn in a more positive direction over the next year, the city may look to fund initiatives in the 2012-2013 budget which have been put off in past years.   As an operations budget, it looks toward a positive future for the City of Prospect.   The city has no bonded or conventional indebtedness and no proposals are made for such in the 2011-2012 budget.  

Mayor Eberle noted that the Prospect Parks and Recreation Advisory Committee recently conducted a successful bird-watching walk on public lands.   It was hosted by Prospect residents Paul and Carol McAllister. On Saturday, May 21 st the Committee is conducting its second annual "Open House" at Putney Pond and Woodlands area to unveil recently added benches along the trails and a new handrail for the Hardin Stairway.   The benches were provided through an Eagle Scout project of Eagle candidate Nick Patterson.   The handrail was completed through donated funds from Prospect residents.   The open house coincides with the second day of the Spring Library Book Sale held both May 20 and 21 from 9 a.m. to 5:00 p.m.

The Prospect Forestation Board has begun work with the Bob Ray Company who will be handling continued treatment of public trees to prevent destruction by the emerald ash borer. Large ash trees were treated last year and this year medium sized ash tree will be treated.  

On April 20 th a group of roughly fifteen residents and city employees participated in a site visit to the recycling facility of city waste removal / recycling contractor, Rumpke.   The visit was very informative about Rumpke's recycling operations.   An updated article noting which materials are recyclable and which are not was included in the April Prospect Newsletter.  

While City Administrator Ann Simms has not heard further regarding the city's FEMA grant application for a City Hall emergency generator, match monies for the grant are included in the 2011-2012 budget.  

Mayor Eberle reminded members of the Council to review the changes which have been made by the Metro Louisville Council to the Metro Land Development Code.   Prospect will have to accept or decline the changes.   It was suggested that a Committee be appointed to review the changes and make recommendations.   Mayor Eberle noted that he will work with City Attorney Grover Potts on a document which synthesizes the changes that Metro Louisville has made with Chapter 161 of the Prospect Code of Ordinances, the Chapter adopting or not adopting provisions of the Metro Code.   That document could then be presented to an ad hoc committee of the Council as a whole for their consideration in the upcoming months.    

Council members inquired as to anticipated results for surplus or deficit in the 2010-2011 fiscal year.   Mayor Eberle noted that final figures for the insurance premium tax will not be available until after the 2010-2011 audit, but as a rough estimate he anticipates a draw upon reserves for the current fiscal year of around $100,000.   With new insurance tax rates becoming effective in the 2011-2012 fiscal year, he anticipates an increase in reserves for the next fiscal year.   He also noted that as a result of declining sponsorships and increased expenses for the 4 th of July celebration, the city has scaled back that event and foregone the fireworks display for this year.   There may be 4th of July celebrations with fireworks in the future depending on what finances will allow.

POLICE REPORT     

Police Chief Marvin Wilson presented the monthly police report to the Council. He called attention to an incident involving the purchase of a vehicle through Craigslist.   Prospect had a member of a South Carolina Sheriffs Department request our assistance.   Officer Pat Timmons is working on the case.   The case concerns a buyer out of Spartanburg, South Carolina who wired money to the Prospect Kroger. A person picked up the money but did not supply the vehicle once the transaction was complete. Another case of a financial crime was reported by a resident who tried to open a PayPal account only to find out that someone had already opened one in her name while using her credit card. Chief Wilson advised all Prospect residents to review their debit and credit card statements as soon as they receive them.  

Chief Wilson also reported on a road surface failure on Highway 42 westbound. Chief Wilson along with Officers Marianne Haverlin, Pat Timmons and Mike Thomas worked with a member of the State Highway Department to contain the failure and fix the roadway in a timely manner.    

Chief Wilson noted recent Code enforcement efforts have included observations of tall grass.   Homeowners or responsible parties have been contacted and residents have been cooperative.

Chief Wilson concluded his report reminding those present that Tuesday, May 17 th is the state-wide primary election day.   The Police Department will be providing personnel to accommodate the residents getting in and out of polling places quickly and safely.

SPECIAL ORDER:

Mayor Eberle introduced Chris French from Metro Louisville Planning and Design Services.   Mr. French described Metro Land Development Code amendments which have been approved by the Louisville Metro Planning Commission to the traditional Village Center Form District. The Planning Commission received a request from the Kroger Company to look at "footprint caps" in the Village Center Form District standards.  

There are two Form Districts which contain footprint caps in their standards: the Village Center Form District and the Neighborhood Center Form District.   Prospect has a Village Center Form District but does not have a Neighborhood Center Form District.   Kroger did not request that the Prospect Village Shopping Center area be changed from a Village Center Form District to the Neighborhood Center Form District, which permits a larger footprint standard.   Instead, Kroger requested an amendment to the Metro Land Development Code which would eliminate the footprint standard for the Village Center Form District for any building constructed prior to 2003.

On March 31 st , the Metro Planning Commission approved the amendment eliminating the square footage footprint standard from the Village Center Form District standards for any building over 70,000 square feet constructed prior to 2003.   Metro Planning and Design Services believes, in Jefferson County, this amendment would affect only the Prospect Kroger.   The Louisville Metro Council has now adopted the Planning Commission's amendment to the Village Form District, and Metro Planning and Design Services has recommended that all municipalities having planning and zoning authority adopt the Planning Commission's amendment to the Village Form District.  

The Prospect City Counsel has three (3) options with respect to the Planning Commission's amendment to the Village Form District--(1) enact the Planning Commission's amendment to the Village Form District as submitted by Metro Planning and Design Services; (2) change and/or amend the Planning Commission's amendment to the Village Form District with such changes and/or amendment as approved by the Prospect City Counsel or (3) decline to consider the Planning Commission's amendment to the Village Form District which will result in no change to the language of the Village Form District in the City of Prospect.   There is no time requirement on the Prospect City Council to take action on the Planning Commission's amendment to the Village Form District.   The Prospect City Council would have to take affirmative action to adopt any change with respect to the Village Form District for it to become effective within the City of Prospect

Council Member Leonard inquired as to whether reviews by the Metro Planning Commission involved quantitative as well as qualitative considerations.   Mr. French noted that the reviews are only qualitative.   Council Member Tucci asked for clarification as to the meaning of a qualitative review conducted by the Planning Commission.   Mr. French noted that one of the considerations in a qualitative review would be an assessment of the mass and scale of surrounding buildings.   Mayor Eberle inquired whether the 70,000 square footage standard for pre-2003 construction applied to a single business within a shopping center or to the entire shopping center.  

Mr. French noted that the standard applied to the entire shopping center structure square footage in that it is considered one building under one continuous roof.   Some shopping centers contain more than one building, but the 70,000 square foot standard would relate only to the buildings within the shopping center which are under the same roof.   As such, any one business under the roof of a single center could expand.   Council Member Simon inquired as to height standards.   It was noted that Prospect height standards would control.  

Glenn Price, attorney for Kroger briefly addressed the Council and introduced Danny Lethco, Mid-South real estate manager for Kroger Company.   Mr. Lethco spoke regarding comparative individual shopper and vehicular traffic statistics from other Kroger Company expansions involving the addition of gas stations.   Council Member Miles inquired as to the required number and size of parking spaces required in the Prospect Village Shopping Center.   Discussion followed among the Mayor, Members of City Council, City Attorney Grover Potts, Mr. Lethco and Mr. French.  

COMMENTS FROM CITIZENS:

Mayor Eberle opened the meeting to citizen comments.   Residents offered comments regarding the 2011-2012 budget, the proposed Kroger expansion, synchronization of traffic control lights on U.S. Highway 42 and storm debris along Highway 329.   Several questions were responded to by Danny Lethco of the Kroger Company and Chris French of Metro Louisville Planning and Design Services.

NEW BUSINESS:

Council Member Scott asked whether it would be appropriate to schedule a Special City Council Meeting to discuss the 2011-2012 fiscal year budget.   Mayor Eberle agreed this was a good idea and noted he would call a Special Meeting limited to discussion of budgetary issues and the 2011-2012 city budget.   The special budget meeting will take place before the June 20, 2011 Regular City Council Meeting.   

Council Member Sandy Tucci gave first readings to ORDINANCE NO. 513, SERIES 2011:   AN ORDINANCE ESTABLISHING A BUGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY1, 2011 AND ENDING JUNE 30, 2012.

ORDINANCE NO. 514 SERIES 2011:   AN ORDINANCE ESTABLISHING THE BUDGET FOR THE MUNICPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2011.

ORDINANCE NUMBER 515, SERIES 2011:   AN ORDINANCE ESTABLISHING AN AD VALOREM TAX RATE FOR THE CITY OF PROSPECT.

ADJOURNMENT:

There being no further action to come before the Council, Council Member Sandra Leonard moved to adjourn.   Council Member Mike Scott seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 9:17 p.m.  

Respectfully submitted,
Holly Clark
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
ß City Clerk