CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
September 19, 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 Rose Mary Kithcart.

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 August 15,   2011; Council Member Sandy Tucci seconded; passed unanimously.

MAYOR'S REPORT:  

Mayor Eberle reported that 19.7% of budgeted revenues have been received and that 14.3% of expenses have been disbursed so far this year. He reminded everyone that revenues from property taxes are due October 1 st and that expected revenue figures from that source should increase significantly over the next month.  

The Parks and Recreation Advisory Committee is sponsoring their second bird watching walk on Saturday morning October 8 th .   Prospect residents Paul and Carol McAllister will be leading the walk which is being co-sponsored by Louisville's Beckham Bird Club. Council Member Miles gave an update on Eagle Scout projects at Putney Pond and Woodlands which include a footbridge over a small ravine as well as an informational kiosk installed at the Fox Valley Drive trailhead of Putney Pond and Woodlands. Another small bridge and an additional informational kiosk are currently in the works. Councilmember Tucci commended the Parks and Recreation Committee for their efforts in engaging the Boy Scouts to conduct Eagle Projects in the city's park areas.   A fundraising drive has begun for a boardwalk connecting trails in the Woodlands area.   The cost of the project is $5,700 and residents or interested persons are encouraged to make contributions which can be sent to City Hall.   

The Prospect Forestation Board met on August 23 rd and took action on tree removals of dead or dying trees as well as plans for upcoming tree plantings. The Board is also planning their 4 th Annual Arborfest which is to be held in Little Hunting Creek Park just east of the City Hall parking lot on Saturday October 29 th from 9:00 a.m. to noon.   It will again coincide with the distribution of flower bulbs at Mayors Beautiful Day as well as the final day of the Prospect Library's Fall Book Sale.  

Council Member Leonard noted a high volume of book donations in anticipation of the Fall Library Book Sale.   The large number of donations should make the upcoming book sale a huge success.   Mayor Eberle also noted that author and former Prospect area resident Sallie Bingham will be reading from and signing copies of her new book, Mending, at the Prospect Library on Saturday September 24 th .   Ms. Bingham has already signed and donated her entire collection of authored books to the library.   They are now available for check out.   It is hoped that this will be the first in several upcoming author readings and book signings.

The City's Second Sunday Concert Series featuring local musical groups is underway. The first in the series was held on September 11 th with King Sonic kicking off the festivities. There were seven local food trucks providing a wide variety of dining options for those in attendance.   Mayor Eberle thanked our Community Celebration Sponsors for making the concert series possible.   Upcoming dates for the Second Sunday Concerts are: October 9 th with The Mike Tracy Jazz Trio, and November 13th with The Deloreans.

Mayor Eberle reported on the on-going issue of the traffic light timing at entry intersections to U.S. Highway 42 in Prospect.   He has sent a letter to Metro Public Works traffic engineer Jason Yeager and plans to follow up soon with contacts in Louisville Metro government.   While some minor adjustments have been made, it is not enough to make an appreciable difference at several of the five intersection involved.   Council Members Stuart Miles and Alan Simon also expressed concerns about this issue and are working to make corrective changes.

The 2010 Decennial Census will result in redrawing of Louisville Metro Council Districts.   The mayor has attended several meetings and he noted that currently suggested changes for northeastern Jefferson County would retain Prospect in the 16 th Metro Council District.   That District is currently represented by Kelly Downard

Mayor Eberle noted that he has been attending the meeting of Mayor Greg Fischer's Merger 2.0 Task Force as well as meetings of several of its committees.   His Transportation and Infrastructure Committee submitted their final report of September 14 th .   The full Task Force's final meeting is scheduled for September 23 rd and its final report should be issued by the original target date of October 1, 2011.  

In closing Mayor Eberle opened bids for a City Hall generator project. There was only one submittal.   The project will be largely funded by a grant from the Federal Emergency Management Agency which City Administrator Ann Simms has been working on for several months.   With the bid process closed, the city should be able to move forward with the project and hopefully begin construction before the end of the year.

POLICE REPORT:

Police Lieutenant Dennis Wine gave the monthly police report.   He noted that a second arrest has been made in connection with the thefts of copper from The Overlook at Harrods Creek condominiums.   He noted that the Police Department's annual self-defense class was held September 13 th with roughly 20 persons in attendance.   Officers Elgin Price and Heather Loeser conducted the session and the class was very well received.   Council Member Leonard noted that she and her granddaughter participated in the class and found it informative.   The Department also participated in "Transportation Day" held at St. Francis in the Fields Church on September 16 th .   Officer Marianne Haverlin represented the Department which featured transportation vehicles from police and fire departments in the area with an objective of educating children about public protection and safety issues.  

COMMENTS FROM CITIZENS:

Mayor Eberle opened the meeting to general citizen comments and asked that comments concerning changes to the Prospect Village Form District standards (Ordinances 516 and 517) be held until those ordinances are presented under Unfinished Business.   Comment was received concerning difficulties with the turn lanes exiting from the Prospect Village Shopping Center.   Councilmember Loretta Ertel conveyed resident concerns with an increasing skunk population in the Sutherland neighborhood.  

NEW BUSINESS:

CITY OF PROSPECT RESOLUTION NO.1, SERIES 2011, A RESOLUTION OF THE CITY OF PROSPECT KENTUCKY AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR AND, UPON APPROVAL, TO ENTER INTO AN AGREEMENT WITH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) TO EXECUTE ANY DOCUMENTS WHICH ARE DEEMED NECESSARY BY KOHS TO FACILITATE AND ADMINISTER THE PROJECT AND TO ACT AS THE AUTHORIZED CORRESPONDENT FOR THIS PROJECT. The Mayor noted that a resolution was requested by the Kentucky Office of Homeland Security for which they have supplied the text.   The resolution is required in order to secure a non-matching 100% grant to receive payment for "body armor"safety vests for the Prospect Police Department.   Council Member Scott moved and Council Member Ertel seconded a motion to adopt the resolution.   After discussion, the Council unanimously voted to adopt the resolution on a roll call vote.

CITY OF PROSPECT MUNICIPAL ORDER NO.4, SERIES 2011, AN ORDER CONSENTING TO A NOMINATION OF THE MAYOR FOR A CITIZEN OF THE CITY TO SERVE ON THE CITY OF PROSPECT FORESTATION BOARD AND AFFIXING A TERM OF OFFICE THERETO.   The Mayor noted that the Prospect resident Linda Knox had accepted a nomination to serve on the Prospect Forestation Board filling the unexpired term of Harry Hardin.   Council Member Tucci moved and Council Member Simon seconded a motion to confirm the nomination.   After discussion, the Council unanimously voted to confirm the nomination on a roll call vote.  

PUBLIC COMMENT / CITIZEN COMMENT:

Public comment was requested on the two proposed ordinances offering changes to the Village Form District and use standards for the City of Prospect.   Real estate manager for Kroger Company, Danny Lethco, spoke regarding both ordinances 516 and 517.   Glenn Price, attorney for Kroger addressed issues presented by both ordinances.   Discussion followed regarding specific changes in the language to the ordinances which gave concern to Kroger.   Discussion followed among City Attorney Grover Potts, Mayor Eberle, and Council Members Stuart Miles, Sandra Leonard, Sandy Tucci and Alan Simon.   The specific changes in language were identified.   Discussion continued with public comment being offered by thirteen persons both in favor and in opposition to the two ordinances.  

UNFINISHED BUSINESS:

Council Member Stuart Miles moved to amend proposed Ordinance 516.   The amendment included both language intended to clarify references to the size of allowed expansion in terms of a percentage of the overall size of shopping centers in the Village Form District, and accept changes in specific language requested by the attorney for Kroger Company earlier in the meeting.   Council Member Simon seconded the motion.   Council Member Miles read AMENDED 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. Council Member Ertel who had given first reading to Ordinance 516 at the August 15, 2011 City Council Meeting stated that she had no objection to the amendments as proposed.   A vote was called to approve the amendments. Council Members Ertel, Miles, Simon and Tucci voted yes. Council Members Scott and Leonard voted no. Mayor Eberle noted that the amendment to Ordinance 516 would necessitate it being treated as having first reading of the amended Ordinance 516 at this meeting, and that the amended Ordinance 516 would be placed on the Council Meeting agenda for second reading at the October 17 th meeting.  

Council Member Sandra Leonard moved second reading of 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.   Discussion followed concerning amendment to Ordinance 517 as suggested by the attorney for Kroger Company earlier in the meeting.   Council Member Leonard who had given first reading to Ordinance 517 at the August 15, 2011 Council Meeting declined to accept amendment and called for a vote on Ordinance 517 on second reading.   Ordinance 517 failed on a roll call vote with Council Members Leonard and Scott voting yes, and Council Members Ertel, Miles, Simon and Tucci voting no.        

EXECUTIVE SESSION:

Motion was made to move to Executive Session for consideration of an offer for sale of real estate or interests in real estate; passed unanimously.   The Council removed to Executive Session.

ADJOURNMENT:

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.   There being no further business to come before the City Council, Council Member Alan Simon moved to adjourn; Council Member Stuart Miles seconded; 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
Í City Clerk