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February 13, 2006

Mayor Sohm welcomed and thanked everyone for taking time to attend the meeting.

Councilman Tony Miller 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, Tony Miller, Margaret Moore, Faith Portman, Trina Summers and Alan Wetzel.

Stacey Cline made motion to dispense with reading of 1/23/2006 regular meeting minutes. Trina Summers 2^nd. Motion carried 6-0.

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

Mayor Sohm announced that he had received word that the Railroad Crossing opening would be the first week in March.

City Attorney Wantland had second reading and public hearing on Ordinance 006-(number to be assigned) on request by Clarence Hardesty, III, Kimberly Hardesty, Russell Hardesty, Rhonda Hardesty and Roberts Pilkenton to rezone ½ acre, more or less, located at 1357 Highway 44 East from R-1 Residential to B-2 Central Business. (This is the property across from Bullitt Central High School.) Kim Hardesty was in attendance and told the Council she would like to try to rent or sell as commercial property. Tony Miller made motion to approve rezoning. Stacey Cline 2^nd. Motion carried 6-0. (The Ordinance will be numbered 006-685.)

City Attorney Wantland had second reading and public hearing on Ordinance 006-(number to be assigned) on request by James Judd and Martha Judd to rezone 1.4 acres, more or less, located at 158 Cedar Grove Road from Agricultural to R-4 Residential. The applicant was not present to answer questions the Council had on what kind of residence was going on the property. Stacey Cline made motion to table this request until the next meeting and ask the applicant to be present to answer questions. Faith Portman 2^nd. Motion carried 6-0.

City Attorney Wantland had second reading and public hearing on Ordinance 006-(number to be assigned) on request by Mary T. Hamilton Living Trust, Mary Ann Miller Revocable Trust, Sarah Nell McDade Revocable Trust, James C. Hamilton Living Trust, Charles L. Hamilton Living Trust and James C. Hamilton and Lora Hamilton to rezone 86 acres, more or less, located at 1788 and 1889 Cedar Grove Road from Agricultural and R-2 Residential to B-1 Highway Business.

City Attorney Wantland had second reading and public hearing on Ordinance 006-(number to be assigned) on request by Mary T. Hamilton Living Trust, Mary Ann Miller Revocable Trust, Sarah Nell McDade Revocable Trust, James C. Hamilton Living Trust, and the Charles L. Hamilton Living Trust to rezone 181.79 acres, more or less, located at the end of Mooney Lane from Agricultural, R-2 Residential and Stream Valley Reserve to IL Light Industrial.

(Councilwoman Trina Summers recused herself from any discussion and vote on these Ordinances because of a business interest.)

Attorney John Wooldridge was present on behalf of the Hamilton family; and Eric Farris and Emily Monarch were present on behalf of Heritage Hill development.

Mr. Farris presented the Council with a list of restrictions, (in addition to those that were agreed to at the Planning Commission meeting), that his clients feel are necessary to protect the Heritage Hill development: 1. A minimum 200 foot undisturbed natural buffer outside of 100 year flood plain preserved along the entire eastern side of the property and at all locations where the property is adjacent to residential areas. 2. The developers will construct a ten foot high berm along the entire eastern side of the property and at all locations where the property is adjacent to residential areas outside the 200 foot buffer. 3. Site lighting must be less than 0.5 candlepower measured at the perimeter of the property. 4. The noise level coming from the property must be less than 50 decibels as measured from the perimeter of the property. 5. The height of buildings on perimeter of property may not exceed 30 feet. 6. The exterior color/materials of buildings must be neutral or earth tones. 7. Loading docks, parking lots and dumpsters must be located on the opposite side of the building from residential areas. 8. HVAC units must be screened from view from residential areas. 9. No outdoor operations or storage facilities shall be permitted.

Mr. Farris presented recorded testimony from a previous City Council meeting by Mary Ann Miller who stated her concern for high density housing, green space and buffers. He asked the Council to set the tone now to protect the Heritage Hill development. He stated if the applicants are willing to adopt these restrictions that would be great; if not he is asking the Council to vote no.

Mayor Sohm asked Mr. Farris to explain each request and asked Mr. Wooldridge and Mr. Hamilton if they would agree. He asked if they wanted a 200 foot buffer plus a 10 foot berm. Mr. Farris answered yes.

John Wooldridge, present on behalf of the applicant stated if his client gives a 200 foot natural buffer that would cost approximately $2.2 million. He stated they would put a 200 foot conservation easement along the east property line, tying up 23 acres.

He stated they cannot put a ten foot berm along the entire east side of the property, because of the hilly nature of the property and it would take an additional 15 acres of property, however in the area with the clearing they will agree to an 8 foot berm within the 200 foot conservation easement. (Starting at the base of the hill, moving toward the river to where there is a hard west turn, in the area where there are no trees).

John Wooldridge stated they have agreed to control the lighting. As the lighting will be directional, there will be no lighting issue.

Mayor Sohm asked Mr. Wooldridge about the noise restriction addressed by Mr. Farris. Mr. Wooldridge stated he does not feel it is legal to ask for a noise level restriction unless you pass an Ordinance addressing this issue.

The buildings will be 40 foot instead of 30 foot in height.

He stated he does not think they can dictate the color of the building, but did agree to strongly recommend soft earth colors to potential developers.

Mr. Wooldridge also stated he does not feel asking for loading docks, parking lots, etc. being restricted to a certain place is feasible.

Mr. Farris stated again he feels that we have to go back to the precedent that Flynn Brothers set at the Business Park.

Mr. Wooldridge also stated the HVAC units will be screened.

Mr. Wooldridge did not agree to put the loading docks opposite the Heritage Hill development. And it is felt there will be no problem with outside operations or storage.

Alan Wetzel made motion to deny rezoning request due to refusal to put loading docks opposite Heritage Hill Community. Faith Portman 2^nd.

Councilwoman Margaret Moore stated that these families have been friends for their whole lives and she would like to see this worked out.

After further discussion on the placement of the loading docks, Mr. Hamilton stated he feels he can work with the loading docks of the closest buildings to Heritage Hill. He stated he could orient the building with the property line.  If the buildings are oriented with the property line the docks will be placed on the opposite side of the building to the property line. Alan Wetzel withdrew his motion and Faith Portman withdrew her 2^nd. Faith Portman made motion to approve rezoning of 181.79 acres, more or less, with restrictions placed by the Planning Commission and additional restrictions placed by the City Council. Alan Wetzel 2^nd. Motion carried 5-0-1 (Trina Summers did not vote.) (This Ordinance will be numbered 006-687.)

Mr. Farris stated that there was only one additional restriction being requested on the 86 acres, more or less, and that would be a 100 foot tree buffer along

City Attorney Wantland stated that Mr. Stout was unable to attend this meeting but would be in attendance at the February 27^th meeting.

Michael Sweeten with Rumpke was present to address issues raised at the January 23^rd Council meeting about garbage service. He gave each Council member a handout addressing each problem brought up and asked them to please call him with any additional concerns.

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

Mayor Sohm stated that Mr. John Klosterman had asked to address the Council regarding a petition to transfer roadway property between Abbott and

Susan Harrison was present to address the Council about a letter of support for a project on

City Attorney Wantland read Resolution 06-02 creating the employment position of City Engineer; qualifications and duties of same for the City of Shepherdsville. Trina Summers made motion to approve. Tony Miller 2^nd. Motion carried 5-0-1 (Margaret Moore abstained).

City Attorney Wantland stated there were no bids received for design and construction of a right turn lane on KY 480 eastbound at

Planning Commission Appointee Ben Robards stated there was nothing new for Shepherdsville; however two subdivision plats, one with 76 lots and one with 41 lots, were approved for Mallard Lakes.

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

Police Chief Ron Morris reported that to date 20 invoices have been sent out for approximately $3000.00 on the cost recovery on criminal arrests; five have become due and four have paid.

Councilwoman Trina Summers stated the issues brought up tonight between the Plenge-Hamilton property proves even more that Shepherdsville needs its own Comprehensive Plan or at lease Planning & Zoning Commission. City Attorney Wantland stated that if there is a Countywide Planning Commission the City can’t have its own planning commission. It can create its own municipal board of adjustments but since we are part of County we have to follow their comprehensive plan.

Councilman Tony Miller reported the streetlight at 44 and Frank E. Simon is out.

Councilwoman Faith Portman reported she received a call from Mrs. Wilkerson on Old S. Preston Highway about some drainage issues. Water is under her house in back. Mayor Sohm asked Public Works Foreman Jesse Walls to look at and report back.

Councilwoman Margaret Moore stated she was disappointed looking at so many political signs so early. Mayor Sohm stated that per the City Ordinance if signs are in the right of way in the City will take down. Ms. Moore commented on berms and loading docks. City Attorney Wantland stated he feels the best way to handle these situations is one at a time.

Mayor Sohm reported that a donation of $24,501 was made to Shepherdsville Elementary by Labor Ready, Flynn Brothers, Publishers Printing Company, Summit Construction and an unnamed company to help buy school books and playground equipment.

Mayor Sohm asked for a motion to adjourn to executive session to discuss a possible business locating in Shepherdsville. Trina Summers made motion to adjourn to executive session. Faith Portman 2^nd. Motion carried 6-0.

Faith Portman made motion to return to regular session. Alan Wetzel 2^nd. Motion carried 6-0.

City Attorney Wantland reported that the Council had given the Mayor authorization to negotiate with the company and report findings.

Stacey Cline made motion to adjourn. Faith Portman 2^nd. Motion carried 6-0. Meeting adjourned at 10:17 p.m.

ATTEST:                                                                                             APPROVED:

Tammy Owen, City Clerk                                                                     Joseph G. Sohm, Mayor