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SEPTEMBER 22, 2003

Mayor Sohm welcomed and thanked everyone for attending the meeting. He stated the meeting would start a little early this evening in order to announce that Gordon Food Service has chosen Shepherdsville as the site of their new facility. He thanked the members of Price Waterhouse Cooper, Chuck Willis with the State Economic Development Cabinet and Bob Fouts with the Bullitt County Economic Authority for their help in this project. He also thanked the many in attendance from Gordon Food Service.

Pastor John C. 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 6:40 p.m.

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

Stacey Cline made motion to dispense with reading of 9/8/2003 regular meeting minutes. Tony Miller 2^nd. Motion carried 5-0.

James Watkins made motion to approve minutes as printed. Tony Miller 2^nd. Motion carried 4-0-1 (Margaret Moore abstained).

Mayor Sohm announced that Governor Paul Patton would be visiting City Hall on Wednesday, September 24^th at 3:25 p.m. and invited the public to attend.

Mayor Sohm announced that the Shepherdsville Fire Department received a $500.00 donation from Louisville South KOA in support of a full time citywide fire department.

Mayor Sohm announced that Bullitt County Public Schools will be offering free classes to the public regarding the operation of the public school system on Monday nights beginning October 6^th through November 17^th.

Mayor Sohm announced that the City signed the Lease and Loan Agreement papers on the Conference Centre today.

Mayor Sohm announced that AEC (Alliance Entertainment Corporation) is locating a facility in the Cedar Grove Business Park.

Mayor Sohm again thanked Gordon Food Service for taking time to come and give the announcement of their new facility at the meeting tonight.

City Attorney Joe Wantland had first reading of Ordinance 003-(number to be assigned) Series 2003 authorizing the issuance of up to $85,000,000 principal amount of the City of Shepherdsville taxable industrial building revenue bonds, Series 2003 (Institutional Distributors, Inc. project (Gordon Food Service)).

Mayor Sohm stated the second reading would be on October 13^th. After some discussion Tony Miller made motion to cancel the October 13^th meeting due to the Columbus Day holiday and reschedule it for October 6^th. Stacey Cline 2^nd. Motion carried 5-0.

The second reading of this Ordinance will be October 6^th.

City Attorney Wantland read Resolution 03-25, Series 2003 an Inducement Resolution of the City of Shepherdsville authorizing the acquisition, construction and equipping of an industrial building facility located adjacent to the Cedar Grove Business and Industrial Park for use as a distribution facility for food and food related products.

Don Cundiff made motion to approve. James Watkins 2^nd. Motion carried 5-0.

City Attorney Wantland read Resolution 03-26 requesting a grant through the Kentucky Economic Development Finance Authority (KEDFA) in the amount of $150,000 for Economic Development Bonds for locating the Institutional Distributors Inc. in the Cedar Grove Business Park (Gordon Food Service).

Don Cundiff made motion to approve. James Watkins 2^nd. Motion carried 5-0.

Joe Pavoni and Rob Campbell with Qk4 were present at the meeting to discuss Pump Station #1. Mr. Pavoni stated that the City is in the process or updating its facility plan and there is an immediate need for something to be done to pump station #1. He stated there are two options. The first is to upgrade the station at the approximate cost of $150,000. The other option is to relocate and upgrade the station at the cost of approximately $500,000. He stated he feels option two sets up the long term need of the City. He stated the City has a meeting with Kelli Rice with the Division of Water on October 3^rd to discuss the EPA Special Appropriation Grant that has been awarded to the City. He stated this grant requires a 45% match from the City and that money can come out of existing sewer funds or can be borrowed from KIA. Mr. Pavoni stated he recommends going with the long-term plan.

After some discussion it was decided to discuss this matter again after the meeting with the Division of Water and when all council members are present.

James Watkins made motion to pay September bills. Stacey Cline 2^nd. Motion carried 5-0.

Jim Rice with Flynn Brothers was present at the meeting to further discuss the greenway trails at the Cedar Grove Industrial Park. He reported that the park is just about built out and they would like to begin construction on the walkways. He stated within the next year there will be a fair amount of trails to turn over to the City. Mr. Rice stated there are restrictions that the City would be expected to follow such as no ATVs. After some discussion Mr. Rice asked that the City review the idea and discuss taking over the standards, such as lighting, trail upkeep, etc.

Don Cundiff asked Mr. Rice if the City could get a copy of the restrictions set up by Flynn for review? Mr. Rice stated that would be no problem.

Further discussion followed on the request from the YMCA to use additional open space at City Park for soccer fields. Margaret Moore stated she feels the front of the park should be saved for picnicking. She stated if the YMCA wants to use additional space they should go back the other direction. The City could remove the fence and expand the parking area. Public Works Foreman Jesse Walls stated that the City is working with Louisville Water Company about the ground in that area being wet all the time. PWF Walls stated the reason the ground is wet all the time is due to Louisville Water Company having to let the water tank run at all times. He reported that Louisville Water is planning to put a tile in so the ground will dry out.

Mayor Sohm asked the Council if they were prepared to discuss changes to the Personnel Policy? Everyone agreed they needed additional time to review the policy.

Mayor Sohm reported that work was progressing on the punch list for the sewer project and Wastewater Treatment Plant Superintendent Mike Schroeder reported there are still a few problems with the UV lighting at the new plant but that sludge production was down which will cut cost on sludge removal.

There were no reports from the Historical Committee, Transportation/Beautification Committee or Recreation Committee.

David Presnell Jr. addressed the Council on the Kroger and Parkway projects. He presented the Council with drawings and information on where the sidewalks and curb and gutters should be on the Adam Shepherd Parkway and Conestoga Parkway. After some discussion James Watkins made motion for the Mayor to authorize Mr. Presnell to submit a change order for sidewalks to be put on the Kroger side of the Adam Shepherd development from Highway 44 on to Highway 61 and sidewalks would be on the opposite side of that road including Conestoga Parkway up to where the County’s salt dome is at this time. Margaret Moore 2^nd. Motion carried 5-0.

Discussion will be held at a later date on curb and gutters on Adam Shepherd Parkway and Conestoga Parkway.

Bobby Elkins who lives at 309 Old Ford Road addressed the Council stating he is still having problems with runoff on his property. Mayor Sohm stated that the runoff is natural drainage coming from the treatment plant area and tests did not show anything in the water. Mr. Elkins asked what was going to be done about it? Mayor Sohm stated he would talk with PWF Walls and WWTPS Schroeder and try to get some answers.

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

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

Assistant Fire Chief Terry Whittaker thanked the KOA for their donation and voiced his concern over the recent court ruling on the fire department.

Police Chief Ron Morris reported that the field-training program for the department was 99% complete and should be done in the next few weeks.

Tony Miller stated that he had received a phone call from Linda Ross who left the message “October 1^st is rapidly approaching.”

Stacey Cline asked PWF Walls about drainage on Circle Drive and stated there is a bad dip in the road that needs paving.

Don Cundiff stated he has a few issues to discuss in executive session.

Margaret Moore asked when something is going to be done to Wilbur Raymond and Legatha Cox’s property? Mayor Sohm stated the anticipated date of completion on punch list items is late September.

Margaret Moore also asked about the drainage problem at Bratcher Estates. PWF Walls stated he has talked with the trailer park owners and has not heard anything back. He stated this is basically a property dispute.

Wanda Webb addressed the Council stating she owns property where BC Appliance is. She stated she wants to sell the property and Publishers has shown an interest in buying it. She stated there is an ally that goes right beside her property and is used for a cut through. She said people use the ally to keep from sitting at the light on Highway 44. She stated J. E. Lee owns property behind her and he wants to keep that open. She stated he has a way to get out to Preston so he has a way out of his property and she would like to close the ally beside her property. Mayor Sohm stated if all other property owners agree to close the ally it can be closed. But if there is a dispute it will be between property owners. Ms. Webb stated at one time the ally went all the way through. City Attorney Wantland stated that if this was a public right of way Mr. Lee did not have the right to gate it. Mayor Sohm stated that if that is an ally way that runs across his property and he sells the property in front of the ally way, and then the ally way is closed off he no longer has access to his property in the back that borders Publishers. So we may have to leave the ally way open so he can gain access to his property that borders Publishers. Ms. Webb stated that Mr. Lee has a gate there that she can’t cross.  Mayor Sohm stated that as Mr. Wantland said you should have every right to access the ally way. If it’s still an ally way he can’t stop you from crossing the property. She asked what she should do? Mayor Sohm stated that regardless of whether the portion of the ally way that runs across Mr. Lee’s property is closed or not, if he sells the property in the front he has no way to get to the back, so we have to keep the remainder of the ally open. Mayor Sohm stated we would look through the minutes and see if the ally was closed.

James Watkins made motion to adjourn to executive session to discuss real estate acquisition. Tony Miller 2^nd. Motion carried 5-0.

Don Cundiff made motion to return to regular session. James Watkins 2^nd. Motion carried 5-0.

City Attorney Wantland stated the Council had given him instructions on how to proceed.

Don Cundiff made motion to adjourn. James Watkins 2^nd. Motion carried 5-0. Meeting adjourned at 9:51 p.m.

APPROVED:                                                                                       ATTEST:

Joseph G. Sohm, Mayor                                                               Tammy Owen, City Clerk