Home: Meeting Minutes List: Meeting Minutes

MAY 24, 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.

Don Cundiff made motion to dispense with reading of 5/10/2004 regular meeting minutes and 5/17/2004 special meeting minutes. James Watkins 2^nd. Motion carried 6-0.

Larry Hatfield made motion to approve minutes as printed. Stacey Cline 2^nd. Motion carried 6-0.

Mayor Sohm stated that the Grand Opening of Friedman’s Jewelers on Saturday went very well.

Mayor Sohm announced that ground breaking for the movie theaters is tentatively scheduled for June.

Mayor Sohm reported that the Olde Tyme Days Festival Committee has disbanded and there will be no more festivals.

Mayor Sohm announced that City Hall would be closed on Monday, May 31^st in observance of Memorial Day.

Mayor Sohm introduced Toby Spalding with the engineering firm of Qk4 who looked at the drainage problem at River Valley and Beechwood Estates subdivisions.  Mr. Spalding stated in his opinion in order to fix the problem the dual ditches need to be taken to grade by taking out the trees and knocking the hump down. He stated there would be no net fill except topsoil brought in to get grass to grow. He feels 650 cubic yards of top soil will be needed to reseed and grow grass which will allow water to flow freely through there. He stated that when the berm is knocked down the property pins would be lost. The replacement of these pins is not included in the price. He stated the cost to knock down the berm would be approximately $12,000-$15,000 and dirt would be approximately $80.00 a load (approximately $3000). If dirt comes from our site that cost could go down. He stated a D3 or D4 dozer would cost approximately $75.00/hour and be needed for approximately two weeks. That cost would be approximately $6,000. This cost to take down the trees is not included in any of these estimates. Mr. Spalding stated the City needs to keep at least a 15-foot, preferably 20-foot easement.

Councilman Larry Hatfield asked if the easements are City drainage easements? Mr. Spalding stated he feels they are sewer easements. City Attorney Joe Wantland stated everything there is dedicated to public use.

Mr. Hatfield asked if we do this are we more inclined to do the same throughout the City? Mayor Sohm stated that this subdivision was started in 1996, two years before the Design Criteria Specifications went into effect. So there are two years where there could be potential problems in other areas of the City.

Councilman Tony Miller stated he feels we should look up deeds and check the easements before we set precedence for doing this.  He stated we have ample time so we should go to the Courthouse and look up deeds.

City Attorney Wantland stated he would go to the Courthouse and look up deeds.

Mr. Spalding feels the City should wait until late August before planting grass because you’re not going to get grass to grow until the first of September.

Mayor Sohm asked the residents in attendance at the meeting if they would be willing to give temporary construction easements to allow the work to be done? Everyone in attendance was in agreement and felt that would be no problem.

The homeowners also stated they would cut down and clear away the trees.

Mayor Sohm stated a decision would be made at the next meeting after pulling deeds and checking easements.

City Attorney Wantland had second reading of Ordinance 004-(number to be assigned) confirming annexation of property belonging to Marilyn Maraman Lee, an unincorporated territory adjoining the City. James Watkins made motion to approve. Stacey Cline 2^nd. Motion carried 6-0. (This Ordinance will be numbered 004-623.)

City Attorney Wantland had second reading and public hearing on Ordinance 004-(number to be assigned) proposing annexation of property belonging to Troutwine Family, LLC and Sheila T. Bolus, being unincorporated territory adjoining the City. There was no comment from the public. Tony Miller made motion to approve. Stacey Cline 2^nd. Motion carried 6-0. (This Ordinance will be numbered 004-624.)

City Attorney Wantland had second reading and public hearing on Ordinance 004-(number to be assigned) concerning request for rezoning from Richard Miles, under contract to purchase property from J. Meadows, LLC from Agricultural to R-3 Residential. The property is 108 acres, more or less, and located on the west side of N Preston Highway abutting the north property line of the United States Post Office and then running in a westerly direction to W Blue Lick Road in the vicinity of Saltwell Road. Mr. Miles addressed the Council explaining his plans for the development. He stated there would be four different subdivisions. Mayor Sohm asked Mr. Miles if he could provide the City with digital data of the development. Mr. Miles stated that he would do that. Tony Miller made motion to approve. Don Cundiff 2^nd. Motion carried 6-0. (This Ordinance will be numbered 004-625.)

City Attorney Wantland had second reading and public hearing on Ordinance 004-(number to be assigned) concerning request for rezoning from William G. Reesor, Ronald Reesor, James Ricky Reesor and Darlene Francis Perkins from R-2 and Stream Valley Reserve to B-1 Highway Business. The property is 5.8 acres, more or less, and located at the southeast intersection of Highway 44 West and Hensley Road. Mr. John Wooldridge was present on behalf of the applicant. He stated plans were for a possible car wash and office building and that the property was out of the flood zone. Larry Hatfield made motion to approve. Margaret Moore 2^nd. Motion carried 6-0. (This Ordinance will be numbered 004-626.)

City Attorney Wantland had second reading and public hearing on Ordinance 004-(number to be assigned) concerning request for rezoning from Matsuda, LLC from R-1 Residential, R-4 Residential, Agricultural and B-1 Highway Business to EPA (53.163 acres) and EPB (66.864 acres). The property is located at 4404 Coral Ridge Road and Sarver Lane. He stated there were restrictions of no crushing or blasting at specific times.

Alex Talbott was present on behalf of the applicant. He handed out an affidavit from a government inspector.

City Attorney Wantland instructed the Council to disregard this affidavit and rely on what was presented at the Planning Commission meeting.

Mr. Dennis Herl, 116 N. Lakeview, was present to speak against the rezoning.

Mr. Mike O’Brien, 234 N Lakeview was present to speak against the rezoning. He stated at the hearing experts would not testify. He stated he has no problem with quarry staying there he just wants damage to homes to stop. He stated he would like to see more blasts per day but smaller instead of one large blast each day. He also stated he does not feel this should be rezoned until the lawsuits are settled.

Mr. Patrick Coleman, 166 Brooks Station Lane, stated he was opposed to the rezoning. He stated he called the Department of Minerals and was told blasting would not hurt homes. He stated he would like very stringent ordinances passed to limit the noise from crushing.

Mr. Scott Isert, 219 River Oaks, and Shepherdsville’s representative on the Board of Adjustments stated he recently upheld decision of Daryl Lee but feels that if Councilman James Watkins and Councilwoman Stacey Cline are allowed to vote on this issue it will cause more problems to the City with possible litigation.

Ms. Elaine Herl, N. Lakeview Drive was present at the meeting in opposition to the rezoning. She stated she’s not talking about normal wear and tear cracks to her home and the quarry is the most logical answer to why. She invited each Council member to come look at her home to see the damage.

Alex Talbott again addressed the Council stating that no that that spoke here tonight was at the Planning Commission meeting, however Scott Isert did speak at the Board of Adjustments meeting.

After further discussion Tony Miller made motion to rezone following the Planning Commission recommendation. Don Cundiff 2^nd. Stacey Cline stated that her husband does work for Matsuda but feels she is capable to making an unbiased decision in the matter. James Watkins stated he does not feel a representative of the City should speak on an issue such as this. He stated he is for the rezoning and could also make an unbiased decision in the matter. At this time vote was taken 2-1-1. Motion carries.  (Stacey Cline and James Watkins disqualified themselves from voting.)

There was no report from the Sewer or Historical Committees.

Mayor Sohm stated he had spoken with Tom Steller with Mago on places in the City that need paved this summer. Margaret Moore stated 2^nd Street from Highway 61 to Carpenter needed paved. He asked the Council to give him suggestions on paving and he would meet with Mr. Steller again.

Mayor Sohm stated plans were progressing on putting dug outs at City Park.

Mayor Sohm announced that the Red Crow Indian Pow Wow would be June 4^th and 5^th at First Street Park.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) confirming annexation of property belonging to Troutwine Family, LLC and Sheila T. Bolus, being unincorporated territory adjoining the City.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) amending Ordinance 994-324 an Ordinance establishing new rates and charges for the use of and the service rendered by the municipal waterworks system and the municipal sewer system; and providing for the collection and enforcement of such rates and charges.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) an Ordinance amending Ordinance 004-611, an Ordinance amending Ordinance 004-606, establishing a permit and fee for the construction or demolition of buildings within the City. City Attorney Wantland asked the Council to look the Ordinance over and get back to him with any changes.

Discussion followed on request for a parade permit from the Jefferson County Mounted Sheriff Posse on Sunday, August 15^th. James Watkins made motion to approve. Stacey Cline 2^nd. Motion carried 6-0.

James Watkins made motion to pay May invoices. Tony Miller 2^nd. Motion carried 6-0.

Lou Ann Moore and Gloria Petri were present to speak on Ordinance 003-585 prohibiting signage within the public right of ways in the City. Ms. Petri stated she thinks there may be need for modifications to this Ordinance. She stated it is very frustrating to see other company’s signs when the company she works for follows this Ordinance and does not place signs. She stated she would like to see the Ordinance modified to allow temporary signage. Lou Ann Moore stated she did not think real estate agents were to be included in this Ordinance. She asked how the Ordinance is being enforced and why are other company signs there? City Attorney Wantland stated the Ordinance needs to be enforced. Mayor Sohm stated we have very few employees at this time to keep up with signs. He stated there are also other jobs not getting done and that we simply do not have the manpower to do everyday jobs.

Ms. Lou Ann Moore asked if there was any talk about changing the ordinance. She would like to see the Ordinance changed to exclude real estate companies. City Attorney Wantland stated there is no way to do this, everyone must be treated the same.

Councilwoman Margaret Moore stated the City could allow real estate companies pay $10.00 to get a permit to place signs.

Lou Ann Moore asked that the City send the Louisville Board of Realtors a letter along with a copy of the Ordinance so that everyone is aware of the restrictions. Mayor Sohm stated the City would be glad to send a letter.

Planning Commission Appointee Ben Robards stated there was nothing new for Shepherdsville.

Board of Adjustments Appointee Scott Isert stated that in his previous statements regarding James Watkins and Stacey Cline that by no means did he mean to keep them from voting. His concern falls that in the past a vote caused a lawsuit. He reported that Docket No. 2004CU-3 requested by Properties Limited, LLC had been tabled due to no drainage site plan being submitted. He stated they want to use this site as a campground. He also stated there could be historical issues regarding this property. Mr. Isert also reported that Anthony and Molly Reeser received approval for a variance to allow a residential addition to encroach 2’, 3” into the side yard setback requirement.

Fire Chief Robbie Spriggs reported that the 100-foot Quint was back in service and thanked the Council for their support in this project.

Councilman Don Cundiff stated that a couple years ago the City hosted a celebration for the Bullitt Central Cheerleaders for winning back-to-back state championships. He stated he would like to send them a letter of congratulations because they have again won the state championship. He made motion to invite the cheerleading team to the next meeting and present them with a key to the City. Stacey Cline 2^nd. Motion carried 6-0. Mr. Cundiff stated that the weeds at the underpass need to be cut down. He also stated that the old water plant (fire training center) looks terrible. Fire Chief Spriggs stated that the fire department has applied for a state grant to help with the conversion to the training center. Mr. Cundiff stated that the City needs to clean up the quarter machine and old water plant buildings. Chief Spriggs stated the fire department would get the building painted as soon as possible. Mr. Cundiff asked if we had heard anything about the Paroquet Springs sign. City Attorney Wantland stated he had called to speak with the owners of the sign and had not received a return call. He would follow up again.

Councilman Larry Hatfield asked about the house on 2^nd Street. Mayor Sohm stated he had again called and had received no return phone call. The office is in Hazard. He also agrees it needs to be cleaned up. He will follow up with another call and a letter.

Councilwoman Margaret Moore stated that a drain needs to be put in at the water plant so water can drain. It’s dangerous in the winter when this freezes.

Mayor Sohm stated we would schedule a Special Meeting to hold a budget workshop for Monday, June 7^th at 6:30 p.m. at City Hall.

Larry Hatfield made motion to adjourn. James Watkins 2^nd. Motion carried 6-0. Meeting adjourned at 8:45 p.m.

ATTEST:                                                                                             APPROVED: