Home: Meeting Minutes List: Meeting Minutes

MAY 9, 2005

Mayor Sohm welcomed and thanked everyone for attending the meeting.

Dr. Gary Almon, Bullitt Lick Baptist Church gave the invocation.

The Pledge of Allegiance to the Flag was said.

Mayor Sohm called the meeting to order at 6:30 p.m.

In attendance were Council members Stacey Cline, Tony Miller, Faith Portman, Trina Summers and Alan Wetzel.

Stacey Cline made motion to dispense with reading of 4/25/2005 meeting minutes. Trina Summers 2^nd. Motion carried 5-0.

Tony Miller made motion to approve minutes as printed. Faith Portman 2^nd. Motion carried 5-0.

Mayor Sohm reminded everyone that the Relay For Life cancer walk would be held May 20-21 at North Bullitt High School. He encouraged anyone who has never attended a Relay to do so as it is a very moving experience.

Mayor Sohm announced that the Salt River Bridge work was complete and the I-65 project is due to complete by the end of May.

City Attorney Joe Wantland had second reading and public hearing on Ordinance 005-(number to be assigned) proposing annexation of property of unincorporated territory adjoining the City of Shepherdsville located at the north side of Kentucky Highway 44 East at the east boundary of the City. He stated that the persons affected by this annexation have given consent to be annexed. Mayor Sohm opened the floor for public comment.

Mr. Thomas Bridwell, 199 Foster Lane addressed the Council stating that he owns property across from the property being annexed. He wanted to make sure this annexation would not include any of his property. Mayor Sohm stated that only those who have given consent for this annexation will be affected by this annexation. Mr. Bridwell asked City Attorney Wantland to confirm that property will not be annexed without consent. City Attorney Wantland stated that is the position of this Council. Mr. Bridwell stated that he and his family do not want to be annexed into the City of Shepherdsville.

Patty Bridwell, 199 Foster Lane addressed the Council stating that she has heard that the gentleman who wants to annex this property has been turned down for R-3 zoning. Mayor Sohm stated he has not been approached about rezoning the property. The applicant’s attorney, Mark Edison said he has filed with the County to have the property in the back zoned R-2 and the property in front B-2.

Shirley Yorgy, 348 Chimney Rock Drive addressed the Council regarding the annexation going around Big Clifty Subdivision. City Attorney Wantland stated that at some point the State of Kentucky and the Federal government may make mandates upon the City that would change things but at this time there is not any plan to bring Big Clifty into the City limits. He stated that as a general rule the City will not take property into the City limits without consent. He also stated that as times change at some point you may change your mind about being annexed into the City.

Mayor Sohm stated there are no plans to annex Big Clifty, as a whole or otherwise. If you don’t come to the City and ask to be annexed you will not be annexed.

Richard Bagley, 377 Gibraltar Drive addressed the Council with concern over the lower income housing affecting his property value. He stated all residents of Big Clifty were opposed to this annexation in order to build a subdivision in R-2 zoning.

Terry Price, 3174 Highway 44 East addressed the Council stating he has property that adjoins the Bridwell property. City Attorney Wantland assured him that this annexation would not affect him.

Jon Austin, 455 Chimney Rock Drive addressed the Council asking how this annexation would benefit Shepherdsville. City Attorney Wantland stated it would bring in more tax revenue and that taxpayers property tax rates would go down. Mr. Austin stated that he was very nervous about this and would keep a close watch on it.

Mark Edison, attorney for the applicant, stated this was a consensual annexation. The property is approximately 46 acres which will be residential with a small portion (200-250 feet) in the front B-2. He stated this does not affect Big Clifty or anything beyond.

Mrs. Bridwell asked how Highway 44 was going to handle the traffic. City Attorney Wantland urged her to contact her state Representatives Mary Harper and Gary Tapp to see what is being done to improve State Highway 44.

Mark Cecil, 393 Gibraltar Drive asked if Bullitt County had a nature preserve or anything like that. City Attorney Wantland stated Bernheim Forest had a nature preserve.

Gilbert Amshoff, 191 Gibraltar Drive addressed the Council stating that if this annexation goes through how can the City tell him his property value will not decrease. He stated he feels this development will degrade his property. Mayor Sohm stated that he does not see how this development can make your property value less because of the value of water and sewers alone.

Howard Atchley, 255 Chimney Rock Drive asked if lots could be developed and annexed for sewers. Mayor Sohm stated if requested yet they could.

Mark Edison stated that the property is presently zoned AG and Stream Reserve. He has filed for B-2 and R-2 zoning.

Councilman Tony Miller asked about the square footage of the homes. Mark Edison stated they have not got that far yet but they should be worth $160,000-$200,000.

City Attorney Wantland instructed the Council to disregard this information when voting.

Tony Miller made motion to annex property. Trina Summers 2^nd. Motion carried 5-0. (This Ordinance will be numbered 005-655.)

Mayor Sohm thanked everyone for coming to the meeting to discuss this issue.

There was no Sewer Committee report.

Mayor Sohm stated he had not had the opportunity to set meetings up with each committee but that Public Works Foreman Jesse Walls had met with the gentleman looking for the iron works. He is going to go back and research the site further before doing anymore digging.

There was no report from the Transportation/Beautification or Recreation Committees

City Attorney Wantland had first reading of Ordinance 005-(number to be assigned) confirming annexation of property of unincorporated territory adjoining the City of Shepherdsville located at the north side of Kentucky Highway 44 East at the east boundary of the City.

Mike Carlton, 486 Beechwood Avenue addressed the Council about a drainage problem in The Pointe. He stated drainage was awful with standing stagnant water. City Attorney Wantland asked if there was a Homeowners Association. Mr. Carlton stated they don’t want to form a Homeowners Association until this problem is resolved. Mayor Sohm stated the City could not force a developer to abide by an Ordinance passed now when the development was built before the Ordinance was passed. Mr. Carlton handed out copies of several KRS statutes that he feels could help with this problem. City Attorney Wantland stated the homeowners may have a cause of action against the developer. He stated it appears that the cost to remedy this problem is greater than the City can afford. Mr. Carlton stated he feels somebody has to accept responsibility. Mr. Carlton also stated that there are Ordinances not being followed in regard to builders in the City. He stated there are several lots with trash in them that needs to be cleaned up. Mayor Sohm asked Mr. Carlton to contact the City’s Code Enforcement Officer to give him the addresses so he could follow up on this problem. Mr. Carlton stated he thinks the City should invoke surety bonds on builders. City Attorney Wantland stated that some of what you are asking for is being done. He stated that many builders cannot get a surety bond because of the cost. He stated the homeowner can hold money in an escrow account to hold back until all repairs are made. Mr. Carlton stated that he wanted to commend the City’s Sewer Department. They are an excellent bunch of guys. He also commended Officer John Smothers, stating he is a great officer. City Attorney Wantland stated he doesn’t feel the City’s general revenue fund had resources to help with drainage problems. Mayor Sohm stated that all the Council has been to see the problem and all agree there is a problem but he doesn’t feel we can fix it.

Dan Fell, 218 Amanda Court, addressed the Council stating that he had recently purchased a business license and is running a hot dog stand at the annex building and on Highway 480. He stated he has been called back to work and would like to know how he can secure his site at these locations. Mayor Sohm stated that neither of these two spots are City property. The 480 building is owned by Flynn and run by the AOC and the Annex building is run by Fiscal Court or the AOC. He suggested Mr. Fell call Fiscal Court.

Planning Commission Appointee Ben Robards reported there was nothing new for Shepherdsville at this time.

Board of Adjustments Appointee Scott Isert was not present at the meeting.

Tony Miller stated he would like to thank whoever cut the bush down at Jackie Way and Tollview.

Faith Portman stated she had received a call from a resident on Tollview complaining about Adams Car Lot. Mayor Sohm stated if this property is contiguous to residential property the car lot must put up a buffer. Mayor Sohm stated we would check the zoning on the property and report to City Attorney Wantland.

Trina Summers asked Mayor Sohm if he had been in contact with Sweeping Corporation of America about their contract. Mayor Sohm stated he had called him and left a message and had not received a call back. Public Works Foreman Jesse Walls stated he had another street sweeper demonstration coming up by the end of the week.

Mayor Sohm asked for a motion to adjourn to executive session to discuss litigation. Faith Portman made motion to adjourn to executive session. Alan Wetzel 2^nd. Motion carried 5-0.

Faith Portman made motion to return to regular session, Tony Miller 2^nd. Motion carried 5-0.

City Attorney Wantland stated it is the intent to file a condemnation suit with Mr. Bobby Elkins and his spouse on approximately 9 acres of unimproved property located adjacent to and along Old Ford Road. Basically we’re making the right-of-way larger and taking the property around the sanitation sewer wastewater treatment plant. It’s the undeveloped property and you’re directing Counsel to take what steps needed to bring that suit to Circuit Court.  Trina Summers made motion; Faith Portman 2^nd. Motion carried 5-0.

City Attorney Wantland stated the second item of business that could involve litigation concerns uncollected sewer tap on fees. The Council is directing the Mayor to take such action as to collecting those funds including filing suit against the people who owe money to the City if necessary. Stacey Cline made motion; Trina Summers 2^nd. Motion carried 5-0.

Tony Miller made motion to adjourn. Stacey Cline 2^nd. Motion carried 5-0. Meeting adjourned at 9:02 p.m.

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