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FEBRUARY 9, 2004

Mayor Sohm welcomed and thanked everyone for attending the meeting.

Pastor John Lehenbauer, Divine Savior Lutheran Church gave the invocation.

The Pledge of Allegiance to the Flag was said.

Mayor Sohm called the meeting to order at 6:32 p.m.

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

Stacey Cline made motion to dispense with reading of 1/26/2004 meeting minutes. James Watkins 2^nd. Motion carried 6-0.

Tony Miller made motion to approve minutes as printed. Don Cundiff 2^nd. Motion carried 6-0.

Mayor Sohm announced that he had received a letter from the Shepherdsville Lions Club stating that as of February 16^th (Presidents’ Day) they were discontinuing the flag program due to lack of participation. Mayor Sohm stated that he would somehow like to continue this program. Tony Lee, with Lee & Marshall Insurance and a member of the Lions Club stated that they had discussed the possibility of the fire department taking over the program. Mr. Lee said that David Strange would be the person to talk with regarding this project. Larry Hatfield asked why the City couldn’t take the program over. He suggested forming a committee and taking this over. Mayor Sohm stated he would make some calls and get further information on this.

Detective Brent Dawson with assistance of Kenny Proffitt, Bruce Rucker and Sgt. Garza from the Jeffersontown Police Department demonstrated the Taser gun. After the demonstration Police Chief Morris stated that tasers have been ordered for each officer on the police department and should be in within the next few weeks.

Margaret Moore made motion to remove Ordinance 004-(number to be assigned) requesting rezoning of nine acres, more or less, from All County Realty, LLC under contract to purchase property from Mae Diemer from AG to B-1 Highway Business located at 334 Cedar Grove Road from the table for further discussion. Larry Hatfield 2^nd. Motion carried 6-0.

Mrs. Ray, who previously spoke in opposition of this rezoning, stated that she had spoken with Mr. Porter and would like to have a privacy fence and not shrubs from the sidewalk to 50 foot beyond her property line. She also stated she is concerned with what will be put on the front part of the property. She stated she did not want any low-income housing, liquor store, bar or adult entertainment establishments located there. She also stated that she had checked with other storage units and they have limited access hours or a gate with a keypad entry for safety reasons.

John Wooldridge, attorney for All County Realty stated that there cannot be limited access to the property but they do intend to have a gate with a keypad entrance. He stated the property has to be secure or people will not rent them.

Mrs. Ray stated that her concern about the lighting had already been addressed and she was in agreement with that.

City Attorney Wantland read the Ordinance to rezone this property stating that restrictions would be added. Tony Miller made motion to approve rezoning with restrictions. Stacey Cline 2^nd. Motion carried 6-0.

City Attorney Wantland had second reading of Ordinance 004-(number to be assigned) amending Ordinance 003-588 providing for and protecting the City’s health and the health of its residents, firms and corporations by forbidding the dumping of any trash, in any place, under any condition and promoting the general welfare of the City by refusing to allow any discharge of any debris which also impedes the City’s property values. Don Cundiff made motion to approve. James Watkins 2^nd. Motion carried 6-0.

There was no report from the Sewer, Historical or Transportation/Beautification Committees.

Tom Taylor, Chairman of the Recreation Committee presented a report to the Council outlining recommendations for developing the land along First Street. He stated the top priorities were the construction of an access road from the present city park through the new park connecting with First Street. Their second priority would be to divide the park into passive and active areas.

Mayor Sohm stated he appreciated the efforts of Mr. Taylor and the Committee.

Elaine Wilson, with the Bullitt County Tourism Commission reported that she had received a request from the Red Crow Indian Council asking to use the park for their Spring Festival and Mini Pow-Wow to be held in June. Larry Hatfield made motion to approve. Don Cundiff 2^nd. Motion carried 6-0. Public Works Foreman Jesse Walls stated we need to get permission from Louisville Water Company to use the water on First Street.

City Attorney Wantland open the bid on general liability/auto coverage and property/inland marine insurance for the City. He stated there was only one bid received from St. Paul in the amount of $100,843.22. James Watkins made motion to accept bid. Tony Miller 2^nd. Motion carried 6-0.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) of request from Valley View Farms I Limited Partnership to rezone 840 acres, more or less, from Agricultural to R-3 Residential located on the north side of Cedar Grove Road, bounded by Mooney Lane on the west, Valley View Drive on the east and Salt River on the north.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) amending Ordinance 165 providing for sale of alcoholic beverages by the drink and establishing the license for extended hours.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) amending Ordinance 165 and an Ordinance providing for the sale of malt beverages on Sunday within the corporate boundaries of the City of Shepherdsville and providing licensing for same.

Mayor Sohm stated he would like to propose changing the $200 annual fee proposed in this Ordinance to $600. Everyone agreed to change.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) a new Ordinance related to the licensing of restaurants and dining facilities for the sale of alcoholic beverages by the drink when such facilities seat a minimum of one hundred (100) persons and derive a minimum of seventy percent (70%) of gross receipts from the sale of food.

Mayor Sohm stated he would also like to propose changing the $200 annual fee proposed in this Ordinance to $600. Everyone agreed to change.

At this time Mayor Sohm stated we would ask the sign in speakers on this issue to speak.

Jan Richard spoke in opposition to these changes. She asked the Council to think about this before passing.

Debra Huff spoke for Tom Huff, who could not be in attendance at the meeting due to illness, thanking the Mayor and Council for the growth in Shepherdsville. She read a letter from her husband stating he is opposed to these changes in hours and Sunday sales.

Elaine Wilson, Executive Director with the Bullitt County Tourism Commission stated that the Commission has not taken a position on this matter. She stated that without liquor by the drink Bullitt County has surpassed Nelson County in tourism dollars. But she also stated she felt some businesses have passed by Bullitt County because of no Sunday sales.

Jesse Flynn stated he does not own a bar or restaurant in Shepherdsville but his company is involved in Shepherdsville in many other areas. He stated he feels that when soliciting businesses to come to Bullitt County no Sunday sales is a detriment. He is in favor of the extended hours and Sunday sales.

Ronald Reesor with the VFW Club stated they are a non-profit organization and are in favor of the Ordinance. He stated the change probably wouldn’t change their hours of operation.

Robert Tipton, Pastor of Belmont Baptist Church opposes the change. He would like to continue as is and not jeopardize the health of anyone.

Dondie Johnson stated that more business is good and more money is good but he disagrees with selling liquor on Sunday.

Larry Hatfield stated that he had given the Council a letter from Nick Simon in favor of extended hours. Mayor Sohm read the letter for the audience. Question was asked from the audience if Mr. Hatfield asked for the letter and Mr. Hatfield stated he did not call and request the letter from Nick Simon.

Margaret Moore stated she has heard rumors that she’s in favor of this change only because her son-in-law own Ricks Place. She stated he has nothing to do with this and that he will probably close his bar at the end of the year.

Mayor Sohm thanked everyone for coming out and giving their opinion.

Question from the audience asking if the referendum that passed this originally could be revoted? City Attorney Wantland stated that there is a statutory procedure to follow to allow that to happen.

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) relating to the adoption of a Code Enforcement Board (Option A).

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) relating to the position of Citation Officer for the City fixing qualifications, tenure and compensation (Option B).

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) relating to the funding of the City Police Department for the additional use of the officers for code enforcement (Option C).

City Attorney Wantland had first reading of Ordinance 004-(number to be assigned) amending Ordinance 004-606 establishing a permit and fee for the construction or demolition of buildings within the City.

City Attorney Wantland read Proclamation 04-01 designating February 2004 as School Board Recognition Month. Margaret Moore made motion to approve. Stacey Cline 2^nd. Motion carried 6-0.

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

Board of Adjustments Appointee Scott Isert was not present but provided a copy of the meeting docket to the Council in their packets.

Stacey Cline stated she had received a phone call on speeding and parked cars on Centerview Drive. Police Chief Morris stated he would assign a direct patrol for Centerview but unless there were no parking signs up the police department could not issue tickets. Public Works Foreman Jesse Walls stated he would check on no parking signs.

James Watkins stated he has had some complaints on speeding on Beech Grove Road. Chief Morris stated he would assign a direct patrol on Beech Grove Road also.

Don Cundiff stated he would like to go into executive session to discuss personnel.

Margaret Moore stated that RECC put up a light in front of Roby Elementary School and she thanked them for that. She also stated she had requested that the crosswalk be painted there. PWF Walls stated he had called District 5 and they do have a work order to paint the crosswalk but it would not be done until spring.

Mayor Sohm stated that an article on businesses locating in Shepherdsville had been published in the Lane Report magazine.

Mayor Sohm asked for a motion to adjourn to executive session to discuss personnel. James Watkins made motion to adjourn to executive session and Don Cundiff 2^nd. Motion carried 6-0.

Larry Hatfield made motion to return to regular session. Don Cundiff 2^nd. Motion carried 6-0. City Attorney Wantland stated that discussion was held on personnel and the Mayor and Council have been given instructions on how to proceed.

James Watkins made motion to adjourn. Tony Miller 2^nd. Motion carried 6-0. Meeting adjourned at 9:14 p.m.

APPROVED:                                                                                       ATTEST:

Joseph G. Sohm, Mayor                                                               Tammy Owen, City Clerk