CITY COUNCIL MEETING
MINUTES
January 9, 2012

(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 Lieutenant Dennis Wine; Recording Secretary Holly Clark; Court Reporter Rose Mary Kithcart.   

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 December 12,   2011; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:       

Mayor Todd Eberle reported that the accountant's monthly financial update had not yet been received due to the early City Council meeting date for this month.   They will be distributed prior to the February Council Meeting.    

Parks and Recreation Committee Report:   Mayor Eberle announced that the private fundraising goal for the Putney Pond and Woodlands boardwalk trail connector project had been reached.   Jack Broghamer, a Prospect construction contractor, will be doing the work for the project.   Construction has begun and Mr. Broghamer hopes to complete the boardwalk by the end of the month.   Council Member Stuart Miles asked that anyone pledging a donation to the boardwalk project, to get their contribution to City Hall as soon as possible.   Mayor Eberle noted that Parks, Maintenance and Technology Director Ron Cundiff has created a new Prospect Parks brochure.   It should ready for distribution soon and will include a map of the new Harrods Creek Trail at Harrods Creek Park.   It was announced that the city will observe National Trails Day on June 2, 2012 and local volunteers will be giving tours of parks and trails.   Council Member Simon noted that the City now has over one hundred acres of park lands and expressed appreciation for the efforts made to enhance the city parks.    

Forestation Board Update: The Prospect Forestation Board is not meeting in January, but will be turning in the Tree City USA annual application to the Kentucky Division of Forestry and the National Arbor Day Foundation later in the month.   If approved, it will mark the third year in a row that certification has been received.  

Library Committee Update: Council Member Leonard reported that the library committee will be meeting to review the Baker and Taylor book leasing contract on Wednesday January 18 th . Residents were encouraged to submit book suggestions via the book suggestion sheets located in the library and at the City Hall front desk.

Mayor Eberle announced that the City Hall generator had been installed and the entire project is nearing completion. He thanked City Administrator Ann Simms for her efforts in obtaining the generator through a grant from the Federal Emergency Management Agency.   The generator will cycle every Monday to assure readiness in the event of a power outage.    

City Administrator Ann Simms advised that the Supplemental Environmental Study for the Ohio River Bridges Project is being conducted and Project official John Sacksteder is willing to meet with the City Council to review the status of the Bridges Project and answer any questions.   He may be scheduled for an upcoming Council Meeting.  

Mayor Eberle also advised that the recently appointed Director of Louisville Metro Planning and Design Services has agreed to attend an upcoming City Council meeting to review the city planning process and current planning issues in Jefferson County.  

Mayor Eberle advised that the Metropolitan Sewer District (MSD) will be conducting work on the River Road Interceptor Project and will be having a public meeting at Prospect City Hall from 5:00 to 6:30 p.m. on Monday, January 23 rd .   This meeting involves construction of the new force main sewer treatment plant connector and will involve excavation under Timber Ridge Drive between River Road and U.S. Highway 42 later this year.   Traffic disruption should be minimal.    

SPECIAL ORDER:

Mayor Eberle advised that the 2012 Beach Craigmyle Public Service Award recipient has been selected.   The annual award has been given since 1990 "to recognize outstanding public service commitments to the City of Prospect."   This year's award was presented to Nick and Susan Nicholson, a husband and wife team.   Mayor Eberle stated that they have both been involved in countless volunteer capacities for the city over the years, and they are truly "a team" when it comes to service.   Susan has chaired the Prospect Ethics Commission for several years and has long been active in the Fox Harbor Neighborhood Association.   Nick is involved in numerous city beautification efforts.   They both volunteer time and energy to projects conducted by the Prospect Forestation Board as well as the Parks and Recreation Committee and have labored tirelessly on virtually all of the city park's "trail work days."          

POLICE REPORT:

Police Lieutenant Dennis Wine gave the monthly Police Department Report. He reported that December was a very light month for both criminal activity and code enforcement problems which is somewhat typical for this time of year.   Several motor vehicle accidents occurred.   Two juveniles were arrested for marijuana possession of marijuana. The department is currently investigating leads concerning vehicle break-ins from the previous month.   A police department staff meeting was held on December 21 st .   Staff meetings are now being conducted on a monthly basis to enhance internal communications and further professionalism for the command officers as well as the patrol officers.   It is also hoped that regular meetings can be also be established to share information with the Eighth Division of Louisville Metro Police and the suburban police departments within the Eighth Division.  

One new Ford Escape Hybrid police car has been delivered which will replace the oldest car in the fleet.   It is being painted and outfitted as a patrol car.   Council Member Sandra Leonard inquired as to the comparative gas mileage between the Ford Escape Hybrids and the Ford Crown Victorias.   Lieutenant Wine stated that the gas mileage difference was significant and noted that specific comparisons have been made since the hybrid vehicles have been purchased and the information could be provided to the Council.  

PUBLIC COMMENT:

Representatives of Kroger Company made a presentation showing a modified plan for expnsion of their business at Prospect Village Shopping Center.   In meetings between City Attorney Grover Potts and the attorney for Kroger Company, it was agreed to amend the plan to exclude the previously proposed fuel station.   Mr. Lethco noted that the amended plan would conform to the Village Center Form District changes as set out in the currently tabled Ordinance 516, Series 2011 and that an agreement had been reached with the owner of the shopping center to execute a deed restriction on the property precluding fuel stations on the parcel of land.   Details of the modified development plan were noted.   Discussion and questions regarding the modified plan followed among members of the Council, the public and representatives of Kroger.

Upon return after a brief absence from the meeting, City Attorney Grover Potts noted that he and the attorney for Kroger Company Glenn Price had discussed language in Ordinance 516, Series 2011 which would limit expansion of the existing shopping center structure to 30% of the existing footprint presented a square footage calculation problem in that Kroger's expansion proposal would actually be closer to 35 or 36%.   The discrepancy was the result of an incorrect calculation of the percentage and not the previously stated size of the Kroger expansion as proposed.   Discussion followed.   Mayor Eberle ruled that such a change to Ordinance 516 would be a substantive change, and if Ordinance 516 were to be amended at the current meeting, it would have to be separately considered on second reading at a subsequent meeting.   Discussion followed and it was decided if Ordinance 516 were to be amended at this meeting, and therefore returned to a first reading, a special City Council Meeting could be held on Wednesday, January 11, 2012 at 8:30 a.m. to consider the amended Ordinance 516 on second and final reading.    

NEW BUSINESS:

CITY OF PROSPECT MUNICIPAL ORDER NO.1, SERIES 2012, AN ORDER CONSENTING TO A NOMINATION OF THE MAYOR FOR CITIZENS OF THE CITY TO SERVE ON THE CITY OF PROSPECT CODE ENFORCEMENT BOARD AND AFFIXING TERMS OF OFFICE THERETO.   Mayor Eberle explained that Municipal Order No. 1 would provide additional terms on the Prospect Code Enforcement Board to current members Evan Comer, James Dantin and Mike Grannan.  

CITY OF PROSPECT MUNICIPAL ORDER NO. 2, SERIES 2012, AN ORDER CONSENTING TO A NOMINATION OF THE MAYOR FOR A CITIZEN OF THE CITY TO SERVE ON THE CITY OF PROSPECT CODE ENFORCEMENT BOARD AND AFFIXING A TERM OF OFFICE THERETO .   Mayor Eberle explained that Municipal Order No. 2 would confirm the appointment of James Nicolaus to fill a vacancy on the Prospect Code Enforcement Board

CITY OF PROSPECT MUNICIPAL ORDER NO.3, SERIES 2012, 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.   Mayor Eberle explained that Municipal Order No. 3 would provide an additional term on the Prospect Forestation Board to current member Christina Kramer.

There was a call to consider all three Municipal Orders collectively. Council Member Alan Simon moved to approve all three Municipal Orders under a single vote.   Council Member Stuart Miles seconded.   Motion passed unanimously on a voice vote.

UNFINISHED BUSINESS:

Mayor Eberle noted the 2010-11 fiscal year audit had been distributed at the December 12, 2011 City Council Meeting and that he would entertain a motion from the Council to adopt it as the official audit of the City of Prospect for the 2010-2011 fiscal year.   Council Member Stuart Miles moved to adopt the audit.   Council Member Loretta Ertel seconded.   Motion passed unanimously on a voice vote.

SECOND READING, ORDINANCE NO.516, SERIES 2011,   AN ORDINANCE RELATING TO THE AMENDMENT AND MODIFICATION OF CHAPTER 5 OF THE LAND DEVELOPMENT CODE FOR ALL OF JEFFERSON COUNTY, KENTUCKY AS ENACTED BY THE CITY OF PROSPECT.   It was noted that an amendment to Ordinance 516, Series 2011 would necessitate giving the Ordinance a first reading rather than a second reading for the current meeting.   Council Member Alan Simon moved to amend Section 1 of Ordinance 516, setting out a change in expansion of existing footprint allowed, from thirty percent (30%) to thirty-seven percent (37%) and gave first reading to the amended Ordinance 516.  

ADJOURNMENT:

There being no further action to come before the City Council, Council Member Sandra Leonard moved to adjourn.   Council Member Alan Simon seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 8:20 p.m.  

Respectfully submitted,

Holly Clark
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk