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JANUARY 13, 2003

Mayor Sohm welcomed and thanked everyone for attending the meeting. He welcomed the two new Council members, Larry Hatfield and Margaret Moore and stated he is looking forward to working with them in the next two years.

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 6:35 p.m.

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

Tony Miller made motion to dispense with reading of 12/9/2002 regular meeting minutes and 12/16/2002, 12/20/2002 and 12/30/2002 special meeting minutes. Stacey Cline 2nd. Motion carried 6-0.

Don Cundiff made motion to approve minutes as printed. Stacey Cline 2nd. Motion carried 6-0.

Mayor Sohm announced the 2002 winners of the “Light Up Shepherdsville” business decorating contest. Honorable mention went to First Federal Savings Bank and Sharon Etherton accepted the plaque. The winner was Shepherdsville Florist and Gary Gibson accepted the plaque.

Mayor Sohm announced that City Hall would be closed on Monday, January 20th in observance of Martin Luther King Jr. Day.

Mr. John Addington with Gresham Smith Partners presented the Council with a preliminary drawing on the park plan design. He outlined several ideas for different areas of the park, some of which include, walking/jogging paths, a roadway connecting Frank E. Simon Park, a boat ramp, and a four-hole golf course. Mayor Sohm asked Mr. Addington what he suggested be used for the walkways? Mr. Addington stated he priced asphalt in this design. Mayor Sohm stated the City is looking at applying for grants to help in the cost of the park, one from the Land & Water Conservation Fund and one from the United States Golf Association. He stated that he has appointed a Recreation Committee and would like them to look at these plans and make suggestions. Mayor Sohm commended Gresham Smith on a job well done. Mr. Addington suggested the City plan the park to be done a little at a time instead of all at once and have to cut corners on costs.

Margaret Moore stated she has had a request for a horse path in the park. Mr. Addington stated that is an inexpensive way to put in a trail. It’s just a matter of clearing brush.

Larry Hatfield asked where the City stood on funding a project like this? Mayor Sohm stated he would now like to take the plans to the Recreation Board and have them decide what should be done first. Then we would apply for grants. He stated the City would exhaust all efforts for grant funds before doing anything. He also stated the park would be done in phases.

Mayor Sohm introduced Chief Ron Morris who introduced the newest member of the Shepherdsville Police Department, Bruce Rucker. Chief Morris stated Officer Rucker comes from the Bullitt County Sheriff’s Department.

Mayor Sohm introduced new Fire Chief, Robbie Spriggs. City Attorney Norman Lemme swore Chief Spriggs in and congratulated him.

Don Cundiff made motion to remove from the table for discussion Ordinance 002-(number to be assigned) rezoning real property of Gary Moore located on the North side of Beech Grove Road, 1250’, more or less, South of Old Ford Road containing 10 acres, more or less, from Agricultural to R-2 Residential and Ordinance 002-(number to be assigned) rezoning real property of Gary Moore and Marie Moore located at the end of Tecumseh Drive containing 17.92 acres, more or less, from Agricultural to R-3 Residential. James Watkins 2nd. Motion carried 6-0 to further discuss these items.

Mayor Sohm stated that the public hearing on these issues was held at the last meeting. He also stated that he had talked with Senator Tapp inquiring if there was any progress on funding for widening Beech Grove Road. He also stated he had met with Bill Monhollon with District 5. Mayor Sohm stated that Senator Tapp informed him the tentative cost of widening Beech Grove Road is $2.8 million. Senator Tapp also stated the scoping study was not done yet. Mayor Sohm stated that Senator Tapp feels there are three alternatives to help alleviate the problems on Beech Grove: the $2.8 million widening; two alternative routes to the property; and the possibility of bringing a new access road in. Mayor Sohm stated the first project is out of the question because of the cost and that the alternate routes depend on funding. He stated it might be necessary to go to Frankfort and lobby for funding. Mayor Sohm also stated there is no guarantee that anything will happen especially within the first year.

Larry Hatfield asked City Attorney Lemme if a City could section off a part of the City and deny all building permits? City Attorney Lemme stated that if you are talking about designating specific areas and say no to building at all you run the risk of litigation. But the answer is a qualified yes; you could do it within limits done by ordinance. City Attorney Lemme stated you couldn’t take the ground and due process rights.

Richard Miles with Dogwood Homes LLC stated that there is not much property left to develop in that area. He has plans for 25 lots on ten acres and 80 lots on 36 acres and other than that the remainder of the property is pretty much in the flood zone.

Larry Hatfield stated he would like us to get these people a road. If we wait on the state that will just prolong the problem. He would like to approach the landowners and get the land to put a road in. He stated to deny this request is asking for litigation.

Don Cundiff stated he would like the City to make a commitment to get a connector road in to help alleviate this problem but he feels it’s not fair to say no to this development. He would like to get one road built and maybe more.

Larry Hatfield asked if the City had talked to anyone about land yet? Mayor Sohm stated that he had been talking with Mr. Monhollon from the State Highway Department and they are doing the legwork. 

James Watkins asked the developers if they would be willing to help with the problems by building a road in the direction the City is going? Jack Porter stated that when they met with State they took into consideration that the entrance into the Moore Farm would be handling the bulk of the traffic.

Margaret Moore stated she feels the City needs to upgrade our look.

Mayor Sohm stated that regardless of what happens the City needs to look at 70-foot lots and widening roads. He stated the City had talked about redoing their zoning guidelines about three years ago but decided to wait on the County to redo the comprehensive plan.

Mayor Sohm asked Planning Commission Appointee Ben Robards how much longer he thought it might be before the revision is complete? Mr. Robards stated it should not be too much longer they are getting close but that he would not advise waiting on Planning & Zoning to do anything.

Mayor Sohm stated he would like to look at what the County has done.

Mr. Robards stated there is something else to look at also. If a building is turned backward it should be set back 50-foot.

Mr. Miles stated he feels a new road out of the sewer plant would help with some of the problems.

Larry Hatfield made motion to accept the recommendation of the Planning Commission to rezone real property of Gary Moore located on the North side of Beech Grove Road, 1250’, more or less, South of Old Ford Road containing 10 acres, more or less, from Agricultural to R-3 Residential (Ordinance 002-566 passes) Tony Miller 2nd. Motion carried 5/0/1 (Margaret Moore abstained)

Margaret Moore asked the developers of this property if they would agree to build on 70-foot lots? Eric Farris answered no; 70-foot lots would not be much help in this development.

James Watkins thanked the developers for their willingness to help with the road.

Tony Miller made motion to accept the recommendation of the Planning Commission to rezone real property of Gary Moore and Marie Moore located at the end of Tecumseh Drive containing 17.92 acres, more or less, from Agricultural to R-3 residential. James Watkins 2nd. Motion carried 5/0/1. (Margaret Moore abstained) (Ordinance 002-567 passes).

Mayor Sohm reported he had spoken with Joe Pavoni of the engineering firm Qk4. He stated Mr. Pavoni would be at the next Council meeting to give an update on the sewer projects. Mayor Sohm reported that all homes to be hooked on to Pump Station #1 should be ready by January 24th and all homes to be hooked on to Pump Station #2, #3, and #4 should be ready by February 14th. The force main project is on schedule and the Sewer Plant expansion had been on schedule until the heavy rain the last couple months. The contractor may request an extension depending on the length of the delay.

Public Works Foreman Jesse Walls stated there is a sewer problem on River View Drive that needs immediate attention. He stated it is totally stopped up and worn out and going to have to be replaced.

Mayor Sohm stated we could make the repairs as long as they are done in conjunction with the sewer project. He stated this is something to consider and that he would get a copy of the proposal for the Council’s review to discuss further.

Don Cundiff stated this is a good time to clean up the problem.

Mayor Sohm stated a decision needs to be made soon on what we want to do.

James Watkins asked how the prices compared letting the current contractor do the work? Mayor Sohm asked James to check out the cost comparison for us.

Larry Hatfield asked if this project shouldn’t be put out to bid? Mayor Sohm answered that it can be added as an addendum to the current contract. He stated the City would not be borrowing any additional money. There is money left over from the original money borrowed.

James Watkins stated it is hard to beat the price of a contractor that is already in place doing work.

Mayor Sohm stated the price quoted is for a ten-inch line instead of an eight-inch line. He stated we might need a ten-inch line for future development.

There was no report from the Historical Committee or Transportation/Beautification Committee. Although Mayor Sohm did state he would like to schedule a meeting soon with each. He stated now is the time to prepare and plan for paving in the City.

City Attorney Lemme read Proclamation 03-01 recognizing January as School Board Recognition Month. Don Cundiff made motion to accept. Margaret Moore 2nd. Motion carried 6-0.

Discussion followed on a request by Kenneth and Linda Jesse to subordinate their loan. City Clerk Tammy Owen reported that there is $8592.00 left on the original agreement. Larry Hatfield made motion to subordinate the loan with no cash advance and these terms stand for the next two years. James Watkins 2nd. Motion carried 6-0.

Discussion was to follow on a text amendment on residential zoning. Mayor Sohm asked the Council if they would like to discuss this now or wait until a later time? Don Cundiff stated he would like to wait on the County and see what they have started on before discussing this issue.

Mayor Sohm asked Planning Commission Appointee Ben Robards to get a copy of the proposed changes.

Planning Commission Appointee Ben Robards reported there was one rezoning issue on the docket for Shepherdsville for Dogwood Homes. There would be no apartments on the property and no more than 25 lots. The developer is agreeable to 70-foot lots. Mr. Robards stated this issue passed 10-0.

Police Chief Ron Morris invited everyone to the Roby DARE graduation on Tuesday, January 21st at 2:00 p.m. He also stated he is looking forward to working with new council members Margaret Moore and Larry Hatfield.

Mayor Sohm stated that Gayla Mattingly’s last day with the City is Tuesday, January 14th and Tonya Taylor’s last day would be Wednesday, January 15th. Both are going to Louisville Water Company.

James Watkins again thanked the developers of Beechwood Estates for working with the City.

Don Cundiff inquired about the fence around the old water plant. He asked what that kind of fence was chosen? Mayor Sohm stated that vinyl fencing looked better and was only a couple thousand-dollar difference from wooden fencing.

Larry Hatfield stated the City should think about selling that building. Mayor Sohm stated that it could not be sold before now because a bond held it. The bond has now been taken over by the Louisville Water Company. He stated we have the option to sell, use for storage, or possibly use for training purposes.

Margaret Moore stated she has received a complaint from a resident in Salt River because ground has been built up and is causing a drainage problem on their property. She asked what could be done to help this citizen.

Mayor Sohm stated as far as drainage he thought Public Works Foreman Walls had taken care of this problem. PWF Walls stated the problem was worked out but since then horses have been put on the property and messed up the ground.

Margaret Moore asked the City Clerk to research ordinances and minutes to determine what monies purchased the property between Fourth and Fifth Avenue or if the property was donated or leased to the church and find any restrictions placed on the property.

Ms. Moore also asked the City Clerk to check the budget for hiring a code enforcement officer.

Larry Hatfield stated he has mixed emotions about a code enforcement officer. He feels if we’re going to do it we need to do it all the way.

Margaret Moore stated we need to make sure who owns lots between Salt River Drive and the river to make sure the weeds get cut. Mayor Sohm asked Ms. Moore to show Jesse where the property is and we will find out the zoning to see if the City can mow the property. City Attorney Lemme stated that if it is zoned stream reserve there are certain things you can and can’t do.

James Watkins made motion to adjourn to executive session to discuss personnel, a proposal on property and update the Council on litigation. Don Cundiff 2nd. Motion carried 6-0.

James Watkins made motion to return to regular session. Stacey Cline 2nd. Motion carried 6-0.

Mayor Sohm stated that instructions had been given to the City Attorney regarding litigation and that no final action was taken.

Don Cundiff made motion that the City of Shepherdsville not exercise the option to purchase the property from McGruder and Smith (Bullitt Development Company) and that we accept the offer from Salt River Development Company LLC as tendered on January 13, 2003, which allows it to proceed with its alternate option with McGruder and Smith (Bullitt Development Company). Tony Miller 2nd. Motion carried 5-1. (Larry Hatfield opposed.)

Don Cundiff made motion to adjourn. Stacey Cline 2nd. Motion carried 6-0. Meeting adjourned at 10:01 p.m.

APPROVED:                                                      ATTEST:

Joseph G. Sohm, Mayor                                  Tammy Owen, City Clerk


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