August 8, 2017

CITY OF ST. MATTHEWS
Council Meeting Minutes
August 8, 2017
 
The regular meeting of the St. Matthews City Council was held on Tuesday, August 8, 2017. The meeting was called to order at 7:02 p.m. by Mayor Rick Tonini. The meeting was held at St. Matthews City Hall, 3940 Grandview Avenue. The following people were present:
 
MAYOR
Richard J. Tonini
 
CITY COUNCIL
Councilman Bernie Bowling
Councilman Frank Flynn
Councilman Tim Holland
Councilman Shaun McKiernan
Councilman Mary Jo Nay
Councilman Stuart Monohan  
Councilman Tony Weiter
Councilman Pat Wissing
 
OTHER OFFICIALS
Susan Clark – City Clerk
Jim Birch – St. Matthews City Engineer
Jack Ruf – St. Matthews Planning Officer
John Singler – St. Matthews Attorney
David Beyer – Asst. Chief of Police of St. Matthews
Kenan Stratman – St. Matthews Director of Public Works
 
OTHER ATTENDEES
Frank Tonini – Resident                                 
Fred White – Resident                                   
Ray Barrow – Resident                                  
Mike Small – Resident                                               
Patrick Chapman – Resident                         
Dewayne Fleck – Resident
Kelly Brothers – St. Matthews Library Manager
Jon Baker – Wyatt, Tarrant, and Combs
Pat Dominic – Sabak, Wilson, and Lingo
Chase Sorrick – IPA Developer
Andy Mays
Jeff Norton
Brooks Hower
Robert Esterle
Charles Clem
Rea Taylor
Alice McKinley
Kenny Doerhoefer
Gary Major
Joe Wheeler
Cathi Clark
Michael Fouts
Joan Hale
Teresa Cassady
Ann Clark
Diana Cecil
Alan Forsythe
Ian Cassidy
Dr. John Gilderbloom
Diane Zimmerman – Traffic Engineer
Smily Eline
Record of Attendance can be found in the case file
Possible other unnamed people
 
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was accomplished following the roll call vote.
 
MINUTES
A motion was made by Councilman Nay to approve the minutes from the July 25, 2017 meeting. The motion was seconded by Councilman Weiter.
 
Upon Voice Vote: (8-0) the motion carried.      
 
A motion was made by Councilman Weiter to accept the minutes from the August 5, 2017 caucus meeting. The motion was seconded by Councilman Nay.
 
Upon Voice Vote:  (8-0) the motion carried.
 
PUBLIC COMMENTS
Mayor Tonini explained any public comments related to an item on the agenda should be made at that time. He inquired if anyone attending had any other comment they wanted to address at this time. There being none, the public comments period ended.
 
PENDING BUSINESS
There was no pending business to discuss at the time.
 
NEW BUSINESS

ORDINANCE 17-10              PARTIAL ROAD CLOSURE                  JOHN SINGLER, ATTORNEY
                                                NORTH AND SOUTH CHURCH WAY
                                                First Reading
Mayor Tonini explained the routine procedure applied to tonight’s discussion on the proposed partial road closure of North and South Church Way. St. Matthews Attorney John Singler will ask for a motion to proceed with the first reading of the ordinance followed by a voice vote of the council members. The attorney will read by summary Ordinance 17-10. Developer Chase Sorrick and his designee will be allowed to make their presentation. Those in the audience in support of the project will be given time to make public comments. At the conclusion at that time, those in non-support of the development will be allowed to speak. Duplicate comments should not be made. At the end of the comments period, the developer and/or his designee will be allowed to address questions that arose by the opposition group. The council members will not be voting on this issue tonight as Kentucky law requires two readings before an ordinance can be approved or denied. The next council meeting where this issue will actually be voted on is August 22, 2017 at 7:00 p.m. There will be a municipal order on the next meeting agenda related to this same development but a separate issue. It can be approved or denied at the same meeting as municipal orders do not require two readings before final action.
 
Councilman Monohan made a motion to introduce and have a summary first reading on Ordinance 17-10. The motion was seconded by Councilman Nay.
 
Upon Voice Vote: (8-0) the motion carried.
 
On behalf of the developer Chris Sorrick, Jon Baker from Wyatt, Tarrant and Combs law firm, 1500 W. Jefferson Street, Suite 2800, began the presentation. His comments referred to the approval of this proposed plan by the members of the Louisville Metro Planning Commission.  The plans are for a mixed use, brick building with the first floor retail and the following seven floors will be residential. There will be no new curb cuts from Shelbyville Road. Current zoning allows for high density residential housing. Current Tafel structures would be razed. The new building will be “an anchor of viability for decades to come”. The hope is to help promote biking and pedestrian travel. The benefits of a mixed-use complex are the desire to establish “vibrancy and viability”.
 
Pat Dominic of Sabak, Wilson, and Lingo, 608 S. Third Street, relayed that key elements of the building are: It lists 276 units, a two-story parking garage with one story underground and one level at ground level. It is planned to have 15,000 square feet of retail space including a cross-fit training center, dog path and a pool. There will be five access points: two from Shelbyville Road, two from Church Way and one at S. Hubbards Lane. For storm water management, an underground water storage unit is proposed creating an environment where there is less water run-off after the development than there is currently. This same company developed the successful Cardinal Towne next to U of L’s campus. 
 
Diane Zimmerman completed a traffic study for the developer on the major and minor arterial roadways. The traffic study revealed that in peak hours from 7:00 a.m. to 9:00 a.m., this development will bring 196 more cars on the roadways. In the afternoon peak hours from 4:00 p.m. to 6:00 p.m., there would be 236 more automobiles on the roadways distributed among all access points. It is proposed a left-hand turning lane be added on northbound S. Hubbards Lane allowing entrance to the property. The developer is willing to build a TARC shelter where no shelter presently exists at a current TARC stop. The proposal includes closing a section of the eastern end of the curve on Church Way. The St. Matthews Fire Department has given their approval of the suggested plan because the traffic pattern is not changing significantly. 
 
Chase Sorrick, 1500 Stevens Avenue, and IPA Developer, said the building design is predominately brick with the inclusion of windows, and a variety of architecture with no blank walls for visual appeal. This site was chosen due to capability of using green technology and the ability to have a 160 feet building set back from Shelbyville Road so that it will feel less massive.  Landscaping will be included in the parking lot and it will be an upscale, mixed-use development. Granite countertops will be in each apartment. Amentias include a dog park, swimming pool, and green roof. There will also be meeting space available on the first floor.  The building height is less than half of what is allowed since St. Matthews appears to be open to urbanism. The rear windows are not all associated with residential units as there are windows running along the back staircase. Other structures in St. Matthews of similar size are a five-story condo complex on Lyndon Lane and an eight-story structure at Baptist Health Hospital.
 
At this time, the presentation concluded and Mayor Tonini asked for public comments in support of the development.
 
Andy Mays, 1911 Lowell Avenue, stepped forward to express support of the project. As a Trinity High School graduate, he relayed he is very familiar with the area. His support is based on three reasons:  1)  Business always bring economic development; 2) He prefers residential density because it lessens the need for automobiles; and 3)  the quality of this development is much better than looking at a strip mall or restaurant.
 
Jeff Norton, 2315 Stannye Drive, stated he was a member of St. Matthews United Methodist Church. He met Chase Sorrick and Larry Goff and believes them to be of very high character.  They placed a Bible in every unit of Cardinal Towne thru the efforts directed by Mr. Sorrick.
 
Brooks Hower, 1428 Mockingbird Valley Green, said having a building such as this is much preferable than having a fast-food restaurant. He believes traffic is not as terrible as believed and this is a shining example of development. He reiterated he is in strong support of the development.
 
Robert Easterle identified himself as a current Indiana resident. He and his wife are physical therapists and are active in functional fitness. A facility that includes functional fitness is good for the community. 
 
Mayor Tonini inquired if there was anyone else interested in expressing comments related to the support of the development. There being none, he announced comments would be taken in opposition to the proposed development plan.
 
Charles Clem, 306 Browns Lane, expressed concern that the decision about the proposed development may be tied to the desire to maintain or grow tax revenue. Mayor Tonini assured him that is not part of the decision-making process. Mr. Clem further expressed concern about the impact of 8,800 pound trucks on the local streets and wondered if that had been calculated in the plans. There is also a daycare in close proximity and he was not pleased with the closeness of the two entities.
 
Rae Taylor, 214 Gibson Road in the City of Richlawn, said he had been a local resident beginning in 1954. He believes the building is too tall at eight stories and finds four to five stories more palatable. Residents at the nearby Atria would look out their windows and see a big building towering over them. He also believes the strain on the sanitary sewer system to be a potential problem and inquired what plans have been made in this area. His last concern was how federal housing regulations were to be applied to this building. 
 
Mayor Tonini said the developer will be given an opportunity to address questions expressed at the conclusion of the opposition comments.
 
Alice McKinley, 4025 Leland Road, also expressed concern about the height of the building and how it would change the streetscape of Shelbyville Road. She requested this plan be sent back to Louisville Metro Planning Commission since only four members out of ten actually voted on the proposed plans. She also felt that the extended amount of time it took to attend the hearing was unreasonable and there should be another time given for more people to gain access. Mayor Tonini interjected the council members have been given the entire 216 page record of the hearing at the Louisville Metro Planning Commission, including all the testimony to review and base their decision upon. The St. Matthews Council is the legislative body responsible for the final vote on the recommendation of the Louisville Metro Planning Commission, based solely on the 216 page record. 
 
Kenny Doerhoefer, 4301 Norbourne Blvd., mentioned he sent a letter to the Louisville Metro Planning Commission because he was unable to attend the hearing. He is not in support of closing Church Way and believes the swimming pool just 100 or so feet away from the nearest neighbor to be a problem.
 
Gary Major, 4214 S. Church Way, is a 12-year resident and said current residents are currently utilizing on-street parking and believes adding more cars and traffic will be detrimental. He also said turning left onto Hubbards Lane is already difficult.
 
Joe Wheeler, 4300 Churchill Road, inquired about issues related to being in a blast zone. He is a 16-year resident and the narrow road at Delray is already a safety hazard. Adding more traffic to the area on the narrow streets is just not safe. Two preschools are nearby and the proposed development plans to do not take into account the preschools. Carpool lanes back up current traffic two times a day, and those who live in the area will pay the price for new people moving in to a large complex.
 
Cathi Clark, 4312 S. Church Way, already takes back roads to most destinations because of traffic on Shelbyville Road. She suggested if the development goes forward, that cul-de-sacs are built for the 18 units in her development. The only parking for guests is on Church Way and she would prefer parking signs be erected indicating guest-only parking only for the condos. She also asked for a 3-D rendering of the building to show the magnitude of the building and how it is twice the height of the Atria building. She would also be interested in seeing how Jefferson County PVA appraisals affect the houses in the neighborhood. Would creating the underground parking cause blasting or would digging be sufficient? Also, have the developers considered the headlights coming through the windows of current residents at all hours of the night?
 
Michael Fouts, 4307 Norbourne Blvd., finds it hard to believe the development would only add 19 cars to the roads with several thousand square feet of leasing space including a fitness center and people coming and going. The stand-alone commercial space is another consideration. Church Way is a major cut-through and he believes adding an emergency gate that only a fire truck is able to pass should be considered. 
 
Joan Hale, 315 Ring Road in Beechwood Village, said expanding the BMW dealership and the height of the proposed building are both concerning. There is no place to walk a dog on Shelbyville Road. The train crossing Hubbards Lane causes major traffic problems already.
 
Teresa Cassady, 314 Browns Lane in the City of Norbourne Estates, said the traffic study must be wrong and if it proves to be wrong, what plans are in place to take corrective action. Tractor trailers will be a problem both for construction and commercial deliveries. She inquired if there were alternative plans for large truck deliveries. She also did not think the rendering shown was helpful and does not agree the height of the building blends with the rest of the city. She also believes it will negatively affect the property values of the area and asked, “Do you want this in your backyard”?
 
Ann Clark, 4312 S. Church Way, believes the building is too massive for the space.
 
Diana Cecil, is a 23-year resident of 307 S. Hubbards Lane. In that time span, traffic has increased incrementally and there are just too many cars on Hubbards Lane. The Waggener High School/football field has many events and cars are frequently parked on the side of the road. Walkers to and from the local high school could be endangered by increased traffic which also frequently backs up. She asked for the council members to stand up for the people of the community. Mayor Tonini reminded her voting on the proposed matter will not take place tonight per Kentucky statute. Voting will take place at the council meeting scheduled for Tuesday, August 22. The meeting begins at 7:00 p.m.
 
Alan Forsythe, 308 Browns Lane, does not support any changes to the road around Harvey Brown Presbyterian and trucks should not be allowed. The tax loss of Tafel Motors should not be a consideration in the final decision. The water drainage at Beargrass Christian is already a problem. He is interested in learning more about blasting for an underground garage. St. Matthews Planning and Zoning Officer Jack Ruf interjected construction blasting is regulated by the State Mining Office.
 
Ian Cassidy, 204 Gibson in the City of Richlawn, inquired about TARC stops and C-2 height restrictions. Jack Ruf said that since 1977 at least the height restrictions are two times the width of the right-of-way.
 
Smiley Eline, of 111 S. Hubbards Lane, said the building is too tall for the area and parking is already a problem. The parking will become worse if a large residential building is developed.
 
Fred White, 3805 Warner Avenue, inquired if the KIPDA study was reviewed and was taken into consideration for the development. Two of the eight most locally congested areas by traffic standards are within a short distance of this proposed development. Also, there did not seem to be much notice about the public hearing held by the Planning Commission.
 
DEVELOPER RESPONSE TO QUESTIONS
Jon Baker gave the floor to Dr. John Gilderbloom who wanted to express his support for the project. It is his opinion that IPA developer Chase Sorrick has a good plan that will create jobs.  A similar development in Indianapolis only utilized half the parking spaces required because of the use of other forms of transportation. This type of development is good for millennials and gives St. Matthews the longest life span. Dr. John Gilderbloom asked to submit to the city his written report in support of the project. Mayor Tonini responded by asking whether he had properly submitted his report to the Planning Commission record, but there was no clear answer.  Nonetheless, Dr. Gilderbloom then proceeded to hand out copies of his report. 
 
Jon Baker at this time responded to questions posed by the opposition:

• No deliveries will be made using tractor trailer trucks.
• Proper procedures and guidelines were followed regarding notice of public hearing held by the developer.
• The traffic study does not confirm the fears of traffic problems.
• Regarding appraisals, property values should increase for both commercial and residential.
• MSD reviewed plans for the development for both storm and sanitary sewers. Run-off should decrease due to drainage issues addressed in the plan.  Louisville Metro’s Jeff Brown approved the plans.
• Cardinal Towne is four stories tall on four acres of land and there was a street closure.
• All federal housing regulations will be followed.
• Sorrick said he does not have the information at this time regarding if there will be need for blasting or if digging will take place.
• Sorrick then said that deliveries should take place at the front of the building which is why the circulation for vehicles/people is in the commercial area of the building.

Statements made by Jack Ruf, St. Matthews Planning and Zoning Officer:

• Ruf responded that C-2 zoning does not allow additional height by the increase in setbacks. OR-3 zoning does allow a height increase with an increase in setback.
• He also expressed confusion about the three different docket numbers for this site and therefore is not sure what is included in the plans.
• Mini Cooper is to grant an access easement which is needed for the approval of the development. The seller of Tafel Motors also owns Mini Cooper and is willing to grant approval. Mr. Ruf said the planning notes are not clear and somewhat contradictory.
• Ruf inquired how music will be regulated from those socializing around the pools and the roof tops.

General Comments by the Council Members:

• Mayor Tonini and Jack Ruf both said R-7 only allows for residential parking. How will be this be regulated? Mr. Sorrick responded each space will be numbered and rented and parking regulated.
• Councilman Holland inquired about tractor trailers and asked for clarification. Will tractor trailers be on Church Way or just on the property itself? Mr. Baker responded there would be no heavy trucks on Church Way for construction or thereafter.
• Councilman Weiter said the traffic study shows there would be an additional 30% more traffic at peak times. Traffic on Hubbards Lane is already bumper to bumper on Friday evenings. A left-turn lane into the property being added may help. But was the traffic study completed for peak hours? Traffic Engineer Diane Zimmerman responded affirmatively; the traffic study was completed during peak hours. Councilman Weiter relayed he has seen other IPA developments by Mr. Sorrick in different cities. Why is this one so much different? Mr. Sorrick responded he did not feel there was much difference.
• Councilman Monohan inquired of Traffic Engineer Diane Zimmerman and asked if the traffic study was just for the Shelbyville Road and Hubbards Lane intersection. Ms. Zimmerman responded affirmatively. On page 6, it does not appear the KIPDA study zoomed in on that intersection. One study was from 2014 and another one in 2017.
• Councilman Nay said she would encourage semi’s not to use Church Way and if one did, who would monitor that? The police cannot be there 24/7. Will property management oversee that? Pat Dominic said the property is not designed for trucks. Councilman Nay also inquired where employees and guests will park and has that been considered? She learned designated parking for employees will be on the property.

There being no further questions, Mayor Tonini reminded those present this issue will be on the agenda in two weeks’ time, August 22, 2017 at 7:00 p.m.
 
EXPENDITURES
Councilman Bowling made a motion to approve the expenditures listed and have checks drawn on the city’s treasury in the total amount of $235,252.91. The motion was seconded by Councilman Monohan.
 
Upon Roll Call Vote: (8-0) the motion carried. Yes Votes: Councilmen McKiernan, Holland, Monohan, Weiter, Bowling, Nay, Wissing, and Flynn. No Votes: None. 
 
COMMITTEE REPORTS

• Councilman Bowling relayed that with the retirement of Chief Norm Mayer, it was the recommendation of the Police Committee to appoint an acting chief. Councilman Flynn made a motion to appoint Major David Beyer as Acting Chief of the St. Matthews Police Department. The motion was seconded by Councilman Wissing.

Upon Voice Vote: (8-0) the motion carried.
 
CITY ATTORNEY’S REPORT
Attorney John Singler gave no report at this time. 
 
MAYOR’S REPORT
Mayor Tonini gave the following report:

• One lawsuit may be dropped in the coming weeks.
• The St. Matthews Police Department’s participation in the National Night Out was a success. For this being the first year of participating, there were a number of people, 2 children’s bikes were given away and a good time was had by all.
• On August 14, the Kentucky Retirement System is hosting a seminar on how to keep the CERS portion of the retirement system solvent. The meeting will be held at the Jeffersontown Community Center from 5:00 p.m. to 7:00 p.m.
• A reception honoring retired Chief Norm Mayer will be held August 16^th at the Community Center. Invitations will be mailed.

ADJOURNMENT
Councilman Weiter made a motion to adjourn the meeting. The motion was seconded by Councilman Nay.
 
Upon Voice Vote: (8-0) the motion carried and the meeting adjourned at 9:46 p.m. 
 
Respectfully submitted,
 
                                                                                   
Susan Clark – City Clerk
 
Richard Tonini – Mayor