CITY OF PROSPECT
CITY COUNCIL MEETING MINUTES
October 17, 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, 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.
Absent: Council Member Mike Scott
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 September 19, 2011; Council Member Loretta Ertel seconded; passed unanimously.
MAYOR'S REPORT:
Mayor Eberle reported that 44% of budgeted revenues have been received to date this fiscal year and 21% of expenses have been disbursed to date. The annual independent audit will reallocate some of the revenues and expenses back to the last quarter of the previous fiscal year. The audit should be available no later than the December Council Meeting.
Parks and Recreation Committee Report: Council Member Stuart Miles gave a brief update on Eagle Scout projects at the Putney Pond and Woodlands natural area. A work day was held recently on the Harrods Creek Trail off of Montero Drive with several residents assisting. A second information kiosk has been added at the Putney Pond and Woodlands natural area. It was constructed and installed by Eagle Scout candidate Max Moeller of local Troop 30 by Temple Congregational Adath Israel Brith Shalom. A fundraising drive has begun for a wetlands boardwalk on the woodland trails at Putney Pond and Woodlands. The total cost of the project would be $5,700 and anyone wishing to contribute to the fund can contact City Hall or Council Member Stuart Miles. If contributions and pledges do not reach the fundraising goal, all monies will returned to donor prior to the end of the calendar year.
Forestation Board Update: The Prospect Forestation Board has adopted a list of dead trees in public areas which are now scheduled for removal. Replanting will be conducted where appropriate. The Board is also working on their 4 th Annual Arborfest scheduled for Saturday October 29 th from 9 a.m. until noon at Little Hunting Creek Park. It will include the planting of two redbud trees, demonstrations of tree climbing and tree pruning by certified arborists, consultations with personnel from the Kentucky Division of Forestry, distribution of tree care brochures, donuts and coffee. It will also coincide with the distribution of free daffodil bulbs at Mayor's Beautiful Day and the second day of the Prospect Library Book Sale.
Library Committee Update: Council Member Sandra Leonard reported that a large volume of book donations have recently been received for the Fall Library Book Sale including new books authored by former Prospect area resident Sallie Bingham.
Mayor Eberle reported on the Second Sunday Concert Series: The October concert featured the Mike Tracy Trio and was well received. The November concert will feature The Deloreans. The time for the November concert has been moved to 3:00- 5:00 due to the time change to Eastern Standard Time.
Mayor Eberle offered an update on the traffic light timings at US 42 entry intersections. He met recently to discuss problems caused by the changes with a group assembled by Prospect resident and former Kentucky Supreme Court Justice Martin Johnstone. The group included Justice Johnstone, Ron Weston assistant to the Metro Mayor and Ted Pullen Metro Public Works Director. Mayor Eberle continues to work with Louisville Metro Public Works. They have agreed to return to previous timings with the exception of weekday morning and afternoon rush hours. The Mayor hopes to make additional adjustments to assist traffic flow at the intersections.
City Administrator Ann Simms reported that work on the Federal Emergency Management Agency funded City Hall generator began earlier this week.
On a side note, Lee Tucci, Chair of the Prospect Forestation Board and Council Member Alan Simon congratulated Mayor Eberle on being named Kentucky Elected Official of the Year by the Kentucky League of Cities. The statewide award is presented annually by an independent panel to recognize an elected city official "who demonstrates leadership innovation and commitment to community advancement."
POLICE REPORT:
Police Lieutenant Dennis Wine gave the monthly police report. He noted that citations for speeding and disregard of traffic signals issued in September included 22 violations and 18 warnings. The City's speed monitoring awareness trailer ("SMART cart") has been repaired and is being placed in various locations throughout the city. A survey of the number of cars and their speeds should be available at the next City Council meeting.
EXECUTIVE SESSION:
Mayor Eberle noted he had been advised by City Attorney Grover Potts that an executive session was needed to discuss proposed or pending litigation on or behalf of the city. Council Member Alan Simon moved for recess to executive session; Council Member Sandy Tucci seconded; motion was unanimously approved.
Upon return from Executive Session, Mayor Eberle noted that discussions had occurred but no decisions had been made by the City Council during the session. After the conclusion of the executive session, the Mayor called the Council back into session. City Attorney Grover Potts described the need for the executive session noting that the City of Prospect had received a letter from Monfort Helm, the owner of Prospect Village Shopping Center, objecting to provisions of a pending ordinance which deal with Prospect's Village Center Form District under their land use ordinance. Mr. Helm indicated objection to certain provisions of the pending ordinance which would allow some but not other construction in Prospect Village and which would affect the current proposed plans for expansion by his tenant, the Kroger Company. The letter contained reference to legal action making it necessary to consult with members of the Council to apprise them of the existence of the letter and to advise them with respect to alternatives regarding the pending ordinance and possible litigation.
PUBLIC COMMENT:
Danny Lethco, Real Estate Manager for the Mid-South Division of the Kroger Company outlined a revised plan for proposed expansion of the Kroger store in Prospect Village Shopping Center. Discussion followed among Mr. Lethco, attorney for Kroger Company Glen Price, City Attorney Grover Potts, Mayor Todd Eberle and City Council Member Stuart Miles. Public comment continued with approximately nine residents expressing views either in support of or in opposition to pending Ordinance No. 516, Series 2011 as well as comment on various procedures leading up to consideration of the ordinance. Council Members Stuart Miles, Alan Simon and Sandy Tucci also participated in discussions concerning the ordinance.
UNFINISHED BUSINESS
Council Member Sandy Tucci moved to table ORDINANCE NO. 516, SERIES 2011, AN ORDINANCE RELATING TO THE AMENDMENT AND MODIFICATION OF CHAPTER 5 OF THE LAND DEVELOPMENT CODE FOR OF JEFFERSON COUNTY, KENTUCKY AS ENACTED BY THE CITY OF PROSPECT. City Attorney Grover Potts noted that the motion to table was not debatable, but explained that it had been his recommendation to the Council that the ordinance be tabled based on his analysis of the recent letter received from the owner of the Prospect Village Shopping Center. The motion to table was adopted unanimously on a 5 to 0 roll call vote with Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Alan Simon and Sandra Tucci voting in favor and with Council Member Mike Scott absent.
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 8:44 p.m.
Respectfully submitted,
Holly Clark
Recording Secretary
Approved:
Todd B. Eberle
Mayor
ATTEST:
Ann R. Simms
City Clerk
October - 2011