Home: Meeting Minutes List: Meeting Minutes

JULY 12, 2004

Mayor Sohm welcomed and thanked everyone for attending the meeting.

Pastor Randy Pace, Family Worship Center gave the invocation.

The Pledge of Allegiance to the Flag was said.

Mayor Sohm called the meeting to order at 6:33 p.m.

In attendance were Council members Stacey Cline, Don Cundiff, Larry Hatfield, Tony Miller, Margaret Moore and James Watkins.

James Watkins made motion to dispense with reading of 6/28/2004 regular meeting minutes. Don Cundiff 2nd. Motion carried 6-0.

James Watkins made motion to approve minutes as printed. Tony Miller 2nd. Motion carried 6-0.

Mayor Sohm stated that the 3rd Annual July 4th fireworks display held at the Paroquet Springs Conference Centre was a great success. He stated it was well attended and that all agencies involved in traffic control after the event did a good job.

Mayor Sohm reported that he had received a letter from the third developer of River Valley and Beechwood Estates subdivisions regarding the drainage problems and he has declined any financial assistance. He stated the City only has one commitment for help. The second developer did not get back with him and would not comment if he would offer any help when they spoke regarding the issue.  Councilwoman Margaret Moore asked if there was any way the City could make the developers help with this project? City Attorney Joe Wantland said no. Councilman Don Cundiff asked what the estimated cost for the project was? Mayor Sohm stated $12,500. Councilman Larry Hatfield asked if we were for sure the City has easements on this property? City Attorney Wantland stated this property is dedicated to public use.  Councilman Hatfield stated if we do this one, we will be asked to do other areas in the City. City Attorney Wantland stated that it would be up to the Council but beginning with the next budget money could be placed aside each year to correct drainage problems in the City.

Kenny Ryan, 234 Beechcliff Circle was present and stated the developer has offered $5000 toward the project, so that would leave only $7500 the City would be responsible to pay.

Jed Bowman, 258 Beechcliff Circle was present and stated that he felt those involved in this situation approached the City correctly and have been very patient. He stated he would like to get this resolved so the property can be repaired. Mayor Sohm stated that the residents in the area had been very patient and the City appreciates that. But the fact is $7500 needs to be used for the project and the City does not have time to do the work at this time due to understaffing in the Works Department.

Councilman Cundiff stated that the City has had many drainage problems but this is the worse he’s seen and he would like to help these people get this resolved.

Don Cundiff made motion to help fix the drainage problem at Beechwood Estates and River Valley subdivisions. Stacey Cline 2nd. Motion carried 6-0.

Councilman Hatfield stated he has no problem with helping but he knows we will be hit again. He just wants to make sure the City is legally covered. Councilman Tony Miller stated he agrees but there are pros and cons to everything.

Councilman James Watkins asked if the City still had the option to pursue the developers? City Attorney Wantland stated no, that is not at option.

Mayor Sohm stated the key to correcting this problem is to get a good stand of grass on the ditch. He also stated that once the project is done, new easements would be drawn up making it the responsibility of the property owner to maintain the ditch to the center. No fences will be allowed; and it must be kept mowed.

Councilman Cundiff asked if we were going to bid the project out or check with a local contractor? Mayor Sohm stated we wouldn’t necessarily have to bid the project out since it’s under $20,000. We need to obtain right of ways. City Attorney Wantland stated we need to get the surveyor out there and mark the area.

Mayor Sohm stated he feels there is no doubt we need to help repair this problem. He stated we need deeds on each home to draw up new easements and on some of the easements we may need an additional ten-foot for a temporary construction easement. He stated we would try to place as close to center as possible.

Mayor Sohm asked Public Works Foreman Jesse Walls if he had received any other bids on street sweepers. PWF Walls stated that he had not received any other bids on street sweepers but he would like the Jeff Burton with Sweeping Corporation of America to address the Council about cleaning Mr. Burton stated he was General Manager with the company and would like to have the opportunity to bid street cleaning in the City. He stated that the City owning it’s own street sweeper could be very costly. Councilman Hatfield asked where street waste would be dumped if the City bought its own sweeper. He stated the Council needs to decide if City is going to bid out for buy own sweeper.

Julie Hack, 276 Beechcliff Circle asked if the City uses prisoners to clean streets? Mayor Sohm stated that we have asked for this to be done but have not received a response from them as yet. Ms. Hack asked if the City had considered an Adopt A Street program?  Mayor Sohm stated that Jerry Summers and the Economic Development Authority tried to implement this program about five years ago and had very little response.

Mayor Sohm stated we need to decide what to do but we need to get bids either way.

Councilman Hatfield stated he thinks the streets need to be cleaned at least once per month.

Mr. Burton stated that there is a program where the State will reimburse the City for streets that are swept by his company.

Margaret Moore made motion to table this discussion and research further. James Watkins 2nd. Motion carried 6-0.

Further discussion followed on request to close section of road that connects Hester and Carpenter Streets. City Clerk Tammy Owen reported that based on the survey results of the residents in that area, half are for closing and half are against it. She stated that after speaking with Fire Department personnel she feels it would be a mistake to close. Major Dannye Allen with Shepherdsville Fire stated the main objection the fire department has is if a line is laid and the street is closed only one piece of fire equipment will be able to get to the scene. He stated the Fire Department would like to see the street remain open.

Mayor Sohm stated if we don’t officially close the street could we put No Thru Traffic signs up? City Attorney Wantland answered yes.

Councilman Cundiff stated the issue seems to be speeding. Mayor Sohm asked the residents the they felt making the street a one way street would help. Major Dannye Allen agreed the street could be made a one way street. Mayor Sohm asked which direction most speeders come from. Mrs. Peacock stated both ways.

Discussion followed on making the street one way with Do No Enter signs on one end and No Thru Traffic on the other end.

Mr. Peacock stated a one way street sign may not be a bad idea coming off Highway 44. He stated he needs a guardrail put up at the curve in front of his home. Mayor Sohm stated that he has talked with the State about this issue in the past and it would be less safe with a guardrail than without one. A guardrail could cause a car to flip when hit.

Mayor Sohm also stated we could lower the speed limit on that street to 15 miles per hour.

Larry Hatfield made motion to change Hester Street to a one way street down to the County Barn, and to put up No Thru Traffic signs at the other end of the street. Stacey Cline 2nd. Motion carried 6-0.

Councilman Tony Miller asked about ambulance service. Could they come in the wrong way on the one way street? Sergeant Pan Patchin with the Shepherdsville Police Department stated emergency vehicles can go down the wrong way as long as lights are on.

Mayor Sohm stated we will monitor this for six months and recheck.

There was no report from the Sewer, Historical or Recreation Committees.

Mayor Sohm stated that we have received the quote from Mago for street paving in the City. Public Works Foreman Walls stated that Mago had been working on Second Street and that he has more streets to add to the list. 

Mayor Sohm asked for a motion to surplus the items on the list the Council received in their packets. The auction will be held in conjunction with the Bullitt County Board of Education’s auction on Saturday, July 24th, 9:00 a.m. behind Roby Elementary School. James Watkins made motion to surplus items on the list. Stacey Cline 2nd. Motion carried 6-0.

Discussion was held on a request from Knox Budget Car Sales to hold an “off-site” sale in Shepherdsville. City Attorney Wantland stated that he would suggest three stipulations be added to the request. The first, make sure the land they are going to use is zoned commercial; second, they must pay for an occupational license; and third, they must pay withholding. Larry Hatfield made motion to allow the sale with the three stipulations made by City Attorney Wantland. James Watkins 2nd. Motion carried 6-0.

Gaither Flatt, 171 Peak Avenue, addressed the Council regarding drainage in The Pointe. He stated he has lived at this address for four years. He stated that he has contacted Mr. Porter about this matter. He stated that with houses built behind his now he has standing water in his yard. He stated he has been told by several agencies that this is the developers problem. He stated his main concern is everyone he’s talked to says it’s Mr. Porter who is responsible and he asked how he gets Mr. Porter to fix the problem?

City Attorney Wantland stated he would like to ask Mr. Porter to attend the next meeting to discuss this matter.

Chris Miesner stated he had the same concerns as Mr. Gaither and would address Mr. Porter at the next meeting.

Steven Walls, 700 Walls Hollow North addressed the Council stating he was trying to set up and sell birds at the Flea Market and was told to leave by the owners. He asked if they can legally stop him from selling his birds? City Attorney Wantland answered no they cannot stop you from selling but they can stop you from selling at the Most Awesome Flea Market. Mr. Walls asked if the City was aware that there are electrical wires run through culverts at the Flea Market? Mayor Sohm answered yes, it is being checked into. Mr. Walls then asked if a vendor can sell fruit outside. Mayor Sohm stated there is not a City ordinance to prevent selling fruit outside.

Planning Commission Appointee Ben Robards stated he had not received the docket for the upcoming meeting.

Board of Adjustments Appointee Scott Isert was not present.

Councilman Tony Miller stated he had been contacted by Mrs. Peacock concerned with speeders on Hester and Carpenter streets. He stated that Mrs. Peacock requested that the section of road that connects Hester Street to Carpenter Street behind the car wash along the railroad track be closed. Mayor Sohm stated that road could not be closed because there are two other houses on the street. Mrs. Peacock stated she had spoken with her neighbor and they have agreed to close the section that connects Hester to Carpenter. Mayor Sohm stated we need to look at and will discuss further at the next meeting. Councilman Don Cundiff suggested getting a list of property owners and notify them of this proposal. Mayor Sohm stated we would go door to door and take a poll.

Councilman Don Cundiff stated that Mr. Clark who lives at 621 River Oaks is present at the meeting because he is having a problem with his neighbor throwing junk onto his property. He stated he feels he is not being treated fairly as a neighbor or a citizen. Mayor Sohm stated the City would check into the problem but if we can’t find a City violation he should seek help from the County Attorney.

Councilman Cundiff also stated that the gentleman who built houses on 7th Avenue wanted to know the status of the roads. He asked PWF Walls to go and look at the roads.  PWF Walls stated the roads need to have curbs and gutters and meet the City’s Design Criteria before being taken over.

Councilman Cundiff asked the status of the greenway trails at the Cedar Grove Business Park. Mayor Sohm stated the Mr. Rice had spoken with him about this recently and they are 60%-65% done. He will ask Mr. Rice to attend the next meeting to give the Council an update on the project. Councilman Cundiff suggested having a ribbon cutting ceremony when the trails are complete.

Councilman Cundiff asked about when the Adam Shepherd connector road might be open. Mayor Sohm stated that they are working on sewer permits and waiting on a response from CSX on the upgrade. He stated the CSX has its own design firm to do the design on the crossing and it will take some time for the design to be completed. He reported they are laying shale on Conestoga Parkway. 

Councilman Cundiff stated we might want to think about widening Paroquet Springs Drive. He stated traffic really backs up there. Mayor Sohm stated that he had met with Jim Rice recently and did some measuring. Mr. Rice is working up a cost estimate. Mayor Sohm stated he would like to see a left turn only lane, a straight through only lane, and a right turn only lane.

Councilman Cundiff asked if we had contacted the Bullitt Central Cheerleading squad? Mayor Sohm stated that he had spoken with their coach and when their rings come in he would like to have a ring ceremony at City Hall.

Councilman Cundiff stated that he had been contacted by Mr. Skaggs who lives behind St. Aloysius. He stated the City told Mr. Skaggs that he had to get his elevation shot to put in a shed. Mayor Sohm stated that Brenda Hardin is the City’s Floodplain Coordinator and could answer any questions concerning the floodplain. Councilman Cundiff stated that Mr. Skaggs told him that the drain is not working properly and causing problems for him in his garage. PWF Walls stated the problem with the drain is that the St. Aloysius gym building is built over it. Wastewater Treatment Plant Superintendent Mike Schroeder stated they could try to get the camera in there to take a look. PWF Walls stated that this was never meant to be a drain it was originally the overflow for the water tank. Mayor Sohm stated the solution would be to run a new line along the road. He asked PWF Walls to ride by and talk with Mr. Skaggs.

Councilwoman Margaret Moore stated she had received a request that a guardrail be put up where you come in from Highway 44 on Carpenter. She stated if the street is closed all traffic would go through the curve. Mayor Sohm stated he is not sure the City could put in a guardrail the States does not like guardrails. PWF Walls stated they want to guardrail to block the road if closed.

Councilwoman Moore requested a letter be sent to CSX to cut the lot behind the car lot.

Councilwoman Moore asked if adjoining property owners get a rezoning notice from the City? City Attorney Wantland stated that the Planning Commission sends out notices and he does not feel the City should change its policy of publishing notices in the paper.

Councilwoman Moore stated she was proud to see Representative Mary Harper in the audience tonight and thanked her for coming to the meeting.

Mayor Sohm asked for a motion to adjourn to executive session to discuss litigation. Don Cundiff made motion to adjourn to executive session to discuss litigation. Tony Miller 2nd. Motion carried 5-0.

Don Cundiff made motion to return to regular session. Tony Miller 2nd. Motion carried 5-0. City Attorney Wantland reported that Counsel had been given instruction on how to proceed and will do so.

Mayor Sohm announced that the City would auction its surplus property on July 24th, 9:00 a.m. at Roby Elementary.

Tony Miller made motion to adjourn. James Watkins 2nd. Motion carried 5-0. Meeting adjourned at 8:15 p.m.

ATTEST:                                                  APPROVED:                                                                                      

Tammy Owen, City Clerk                          Joseph G. Sohm, Mayor

JULY 12, 2004

Mayor Sohm welcomed and thanked everyone for attending the meeting.

Pastor Randy Pace, Family Worship Center gave the invocation.

The Pledge of Allegiance to the Flag was said.

Mayor Sohm called the meeting to order at 6:33 p.m.

In attendance were Council members Stacey Cline, Don Cundiff, Larry Hatfield, Tony Miller, Margaret Moore and James Watkins.

James Watkins made motion to dispense with reading of 6/28/2004 regular meeting minutes. Don Cundiff 2nd. Motion carried 6-0.

James Watkins made motion to approve minutes as printed. Tony Miller 2nd. Motion carried 6-0.

Mayor Sohm stated that the 3rd Annual July 4th fireworks display held at the Paroquet Springs Conference Centre was a great success. He stated it was well attended and that all agencies involved in traffic control after the event did a good job.

Mayor Sohm reported that he had received a letter from the third developer of River Valley and Beechwood Estates subdivisions regarding the drainage problems and he has declined any financial assistance. He stated the City only has one commitment for help. The second developer did not get back with him and would not comment if he would offer any help when they spoke regarding the issue. Councilwoman Margaret Moore asked if there was any way the City could make the developers help with this project? City Attorney Joe Wantland said no. Councilman Don Cundiff asked what the estimated cost for the project was? Mayor Sohm stated $12,500. Councilman Larry Hatfield asked if we were for sure the City has easements on this property? City Attorney Wantland stated this property is dedicated to public use. Councilman Hatfield stated if we do this one, we will be asked to do other areas in the City. City Attorney Wantland stated that it would be up to the Council but beginning with the next budget money could be placed aside each year to correct drainage problems in the City.

Kenny Ryan, 234 Beechcliff Circle was present and stated the developer has offered $5000 toward the project, so that would leave only $7500 the City would be responsible to pay.

Jed Bowman, 258 Beechcliff Circle was present and stated that he felt those involved in this situation approached the City correctly and have been very patient. He stated he would like to get this resolved so the property can be repaired. Mayor Sohm stated that the residents in the area had been very patient and the City appreciates that. But the fact is $7500 needs to be used for the project and the City does not have time to do the work at this time due to understaffing in the Works Department.

Councilman Cundiff stated that the City has had many drainage problems but this is the worse he’s seen and he would like to help these people get this resolved.

Don Cundiff made motion to help fix the drainage problem at Beechwood Estates and River Valley subdivisions. Stacey Cline 2nd. Motion carried 6-0.

Councilman Hatfield stated he has no problem with helping but he knows we will be hit again. He just wants to make sure the City is legally covered. Councilman Tony Miller stated he agrees but there are pros and cons to everything.

Councilman James Watkins asked if the City still had the option to pursue the developers? City Attorney Wantland stated no, that is not at option.

Mayor Sohm stated the key to correcting this problem is to get a good stand of grass on the ditch. He also stated that once the project is done, new easements would be drawn up making it the responsibility of the property owner to maintain the ditch to the center. No fences will be allowed; and it must be kept mowed.

Councilman Cundiff asked if we were going to bid the project out or check with a local contractor? Mayor Sohm stated we wouldn’t necessarily have to bid the project out since it’s under $20,000. We need to obtain right of ways. City Attorney Wantland stated we need to get the surveyor out there and mark the area.

Mayor Sohm stated he feels there is no doubt we need to help repair this problem. He stated we need deeds on each home to draw up new easements and on some of the easements we may need an additional ten-foot for a temporary construction easement. He stated we would try to place as close to center as possible.

Mayor Sohm asked Public Works Foreman Jesse Walls if he had received any other bids on street sweepers. PWF Walls stated that he had not received any other bids on street sweepers but he would like the Jeff Burton with Sweeping Corporation of America to address the Council about cleaning Mr. Burton stated he was General Manager with the company and would like to have the opportunity to bid street cleaning in the City. He stated that the City owning it’s own street sweeper could be very costly. Councilman Hatfield asked where street waste would be dumped if the City bought its own sweeper. He stated the Council needs to decide if City is going to bid out for buy own sweeper.

Julie Hack, 276 Beechcliff Circle asked if the City uses prisoners to clean streets? Mayor Sohm stated that we have asked for this to be done but have not received a response from them as yet. Ms. Hack asked if the City had considered an Adopt A Street program? Mayor Sohm stated that Jerry Summers and the Economic Development Authority tried to implement this program about five years ago and had very little response.

Mayor Sohm stated we need to decide what to do but we need to get bids either way.

Councilman Hatfield stated he thinks the streets need to be cleaned at least once per month.

Mr. Burton stated that there is a program where the State will reimburse the City for streets that are swept by his company.

Margaret Moore made motion to table this discussion and research further. James Watkins 2nd. Motion carried 6-0.

Further discussion followed on request to close section of road that connects Hester and Carpenter Streets. City Clerk Tammy Owen reported that based on the survey results of the residents in that area, half are for closing and half are against it. She stated that after speaking with Fire Department personnel she feels it would be a mistake to close. Major Dannye Allen with Shepherdsville Fire stated the main objection the fire department has is if a line is laid and the street is closed only one piece of fire equipment will be able to get to the scene. He stated the Fire Department would like to see the street remain open.

Mayor Sohm stated if we don’t officially close the street could we put No Thru Traffic signs up? City Attorney Wantland answered yes.

Councilman Cundiff stated the issue seems to be speeding. Mayor Sohm asked the residents the they felt making the street a one way street would help. Major Dannye Allen agreed the street could be made a one way street. Mayor Sohm asked which direction most speeders come from. Mrs. Peacock stated both ways.

Discussion followed on making the street one way with Do No Enter signs on one end and No Thru Traffic on the other end.

Mr. Peacock stated a one way street sign may not be a bad idea coming off Highway 44. He stated he needs a guardrail put up at the curve in front of his home. Mayor Sohm stated that he has talked with the State about this issue in the past and it would be less safe with a guardrail than without one. A guardrail could cause a car to flip when hit.

Mayor Sohm also stated we could lower the speed limit on that street to 15 miles per hour.

Larry Hatfield made motion to change Hester Street to a one way street down to the County Barn, and to put up No Thru Traffic signs at the other end of the street. Stacey Cline 2nd. Motion carried 6-0.

Councilman Tony Miller asked about ambulance service. Could they come in the wrong way on the one way street? Sergeant Pan Patchin with the Shepherdsville Police Department stated emergency vehicles can go down the wrong way as long as lights are on.

Mayor Sohm stated we will monitor this for six months and recheck.

There was no report from the Sewer, Historical or Recreation Committees.

Mayor Sohm stated that we have received the quote from Mago for street paving in the City. Public Works Foreman Walls stated that Mago had been working on Second Street and that he has more streets to add to the list.

Mayor Sohm asked for a motion to surplus the items on the list the Council received in their packets. The auction will be held in conjunction with the Bullitt County Board of Education’s auction on Saturday, July 24th, 9:00 a.m. behind Roby Elementary School. James Watkins made motion to surplus items on the list. Stacey Cline 2nd. Motion carried 6-0.

Discussion was held on a request from Knox Budget Car Sales to hold an “off-site” sale in Shepherdsville. City Attorney Wantland stated that he would suggest three stipulations be added to the request. The first, make sure the land they are going to use is zoned commercial; second, they must pay for an occupational license; and third, they must pay withholding. Larry Hatfield made motion to allow the sale with the three stipulations made by City Attorney Wantland. James Watkins 2nd. Motion carried 6-0.

Gaither Flatt, 171 Peak Avenue, addressed the Council regarding drainage in The Pointe. He stated he has lived at this address for four years. He stated that he has contacted Mr. Porter about this matter. He stated that with houses built behind his now he has standing water in his yard. He stated he has been told by several agencies that this is the developers problem. He stated his main concern is everyone he’s talked to says it’s Mr. Porter who is responsible and he asked how he gets Mr. Porter to fix the problem?

City Attorney Wantland stated he would like to ask Mr. Porter to attend the next meeting to discuss this matter.

Chris Miesner stated he had the same concerns as Mr. Gaither and would address Mr. Porter at the next meeting.

Steven Walls, 700 Walls Hollow North addressed the Council stating he was trying to set up and sell birds at the Flea Market and was told to leave by the owners. He asked if they can legally stop him from selling his birds? City Attorney Wantland answered no they cannot stop you from selling but they can stop you from selling at the Most Awesome Flea Market. Mr. Walls asked if the City was aware that there are electrical wires run through culverts at the Flea Market? Mayor Sohm answered yes, it is being checked into. Mr. Walls then asked if a vendor can sell fruit outside. Mayor Sohm stated there is not a City ordinance to prevent selling fruit outside.

Planning Commission Appointee Ben Robards stated he had not received the docket for the upcoming meeting.

Board of Adjustments Appointee Scott Isert was not present.

Councilman Tony Miller stated he had been contacted by Mrs. Peacock concerned with speeders on Hester and Carpenter streets. He stated that Mrs. Peacock requested that the section of road that connects Hester Street to Carpenter Street behind the car wash along the railroad track be closed. Mayor Sohm stated that road could not be closed because there are two other houses on the street. Mrs. Peacock stated she had spoken with her neighbor and they have agreed to close the section that connects Hester to Carpenter. Mayor Sohm stated we need to look at and will discuss further at the next meeting. Councilman Don Cundiff suggested getting a list of property owners and notify them of this proposal. Mayor Sohm stated we would go door to door and take a poll.

Councilman Don Cundiff stated that Mr. Clark who lives at 621 River Oaks is present at the meeting because he is having a problem with his neighbor throwing junk onto his property. He stated he feels he is not being treated fairly as a neighbor or a citizen. Mayor Sohm stated the City would check into the problem but if we can’t find a City violation he should seek help from the County Attorney.

Councilman Cundiff also stated that the gentleman who built houses on 7th Avenue wanted to know the status of the roads. He asked PWF Walls to go and look at the roads. PWF Walls stated the roads need to have curbs and gutters and meet the City’s Design Criteria before being taken over.

Councilman Cundiff asked the status of the greenway trails at the Cedar Grove Business Park. Mayor Sohm stated the Mr. Rice had spoken with him about this recently and they are 60%-65% done. He will ask Mr. Rice to attend the next meeting to give the Council an update on the project. Councilman Cundiff suggested having a ribbon cutting ceremony when the trails are complete.

Councilman Cundiff asked about when the Adam Shepherd connector road might be open. Mayor Sohm stated that they are working on sewer permits and waiting on a response from CSX on the upgrade. He stated the CSX has its own design firm to do the design on the crossing and it will take some time for the design to be completed. He reported they are laying shale on Conestoga Parkway.

Councilman Cundiff stated we might want to think about widening Paroquet Springs Drive. He stated traffic really backs up there. Mayor Sohm stated that he had met with Jim Rice recently and did some measuring. Mr. Rice is working up a cost estimate. Mayor Sohm stated he would like to see a left turn only lane, a straight through only lane, and a right turn only lane.

Councilman Cundiff asked if we had contacted the Bullitt Central Cheerleading squad? Mayor Sohm stated that he had spoken with their coach and when their rings come in he would like to have a ring ceremony at City Hall.

Councilman Cundiff stated that he had been contacted by Mr. Skaggs who lives behind St. Aloysius. He stated the City told Mr. Skaggs that he had to get his elevation shot to put in a shed. Mayor Sohm stated that Brenda Hardin is the City’s Floodplain Coordinator and could answer any questions concerning the floodplain. Councilman Cundiff stated that Mr. Skaggs told him that the drain is not working properly and causing problems for him in his garage. PWF Walls stated the problem with the drain is that the St. Aloysius gym building is built over it. Wastewater Treatment Plant Superintendent Mike Schroeder stated they could try to get the camera in there to take a look. PWF Walls stated that this was never meant to be a drain it was originally the overflow for the water tank. Mayor Sohm stated the solution would be to run a new line along the road. He asked PWF Walls to ride by and talk with Mr. Skaggs.

Councilwoman Margaret Moore stated she had received a request that a guardrail be put up where you come in from Highway 44 on Carpenter. She stated if the street is closed all traffic would go through the curve. Mayor Sohm stated he is not sure the City could put in a guardrail the States does not like guardrails. PWF Walls stated they want to guardrail to block the road if closed.

Councilwoman Moore requested a letter be sent to CSX to cut the lot behind the car lot.

Councilwoman Moore asked if adjoining property owners get a rezoning notice from the City? City Attorney Wantland stated that the Planning Commission sends out notices and he does not feel the City should change its policy of publishing notices in the paper.

Councilwoman Moore stated she was proud to see Representative Mary Harper in the audience tonight and thanked her for coming to the meeting.

Mayor Sohm asked for a motion to adjourn to executive session to discuss litigation. Don Cundiff made motion to adjourn to executive session to discuss litigation. Tony Miller 2nd. Motion carried 5-0.

Don Cundiff made motion to return to regular session. Tony Miller 2nd. Motion carried 5-0. City Attorney Wantland reported that Counsel had been given instruction on how to proceed and will do so.

Mayor Sohm announced that the City would auction its surplus property on July 24th, 9:00 a.m. at Roby Elementary.

Tony Miller made motion to adjourn. James Watkins 2nd. Motion carried 5-0. Meeting adjourned at 8:15 p.m.

ATTEST:                                          APPROVED:

Tammy Owen, City Clerk                  Joseph G. Sohm, Mayor
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