The regular monthly meeting of the St. Matthews City Council was called to order at 7:02 p.m. by Mayor Bowling. The meeting was held at St. Matthews City Hall, 3940 Grandview Avenue. The following people were present:
MAYOR
Bernard Bowling, Jr.
CITY COUNCIL
Councilman Art Draut
Councilman Martha Schade
Councilman Mary Jo Nay
Councilman Rick Tonini – absent
Councilman Stuart Monohan
Councilman Pat Wissing
Councilman Frank Flynn
Councilman Tony Weiter
OTHER OFFICIALS
Foster Haunz – City Attorney
Norm Mayer – Chief of Police
Jack Ruf – Sign Enforcement Officer
Susan Clark – City Clerk
OTHER ATTENDEES
Dewayne Fleck – Resident Nancy Stearman, Consultant
Daman Small – Resident Frank Tonini – Resident
Martha Elson – The Courier – Journal Larkin Fore – Attorney, Beverage Warehouse
Jason Sams – McDonald’s Steve Rusie – Dunaway Engineering
Ray Barrow – Resident Greg Anastas – Owner Beverage Warehouse
MINUTES
A motion was made by Councilman Nay to approve the minutes from the May 28, 2013 meeting. The motion was seconded by Councilman Schade.
Upon vote: (7-0) the motion passed and the minutes were approved. Councilman Tonini was absent and unable to participate in the vote.
PUBLIC COMMENTS
No one choose to speak before the council at this time.
PENDING BUSINESS
There were no items of pending business to discuss at this time.
NEW BUSINESS
ORDINANCE 13-02 – 1st Reading 2013-2014 TAX RATE
The first reading of Ordinance 13-02 was reviewed by City Attorney Foster Haunz. The Ordinance states the tax rate remains the same as previous years which is 20 cents per every $100 assessed by the Jefferson County Property Valuation Assessment Office. A discounted amount of 40% will be granted if tax bills are paid in the month of October. Tax bills paid in November and December are at face value. Tax bills paid in January 2014 will contain a 10% penalty. The penalty phase increases 1.5% each month thereafter. All funds derived from this assessment will be deposited in the general fund and used for general operating purposes of the city.
Upon voice vote: (7-0) the motion carried. This completes the 1st reading of Ordinance 13-02 and it will be placed on the June 25, 2013 Council Meeting agenda for a 2nd vote. Councilman Tonini was absent and unable to participate in the vote.
ORDINANCE 13-03 – 1st Reading 2013-2014 BUDGET
Mayor Bowling reviewed the proposed budget fulfilling the need for a 1st reading of the ordinance. The proposed balanced budget contains new restrooms and concession stand for Community Center Park. It also contains the engineering expenses associated with the review of the creek at Community Center Park. Councilman Wissing inquired about moving ahead with the possibility of installing horizontal traffic lights at major intersections. Mayor Bowling told him to move forward on the project. Councilman Monohan inquired about the rework of the parking lot at Community Center Park which would take place after the 2014 baseball season. The project will move ahead as well. The budget contains an allotment for a new dump truck and one new Public Works truck. The police retirement rate was reduced by the state which is less demanding on the budget. Councilman Wissing asked for percentage of change to be shown for the 2nd reading. Mayor Bowling said that can be easily done. Councilman Wissing also asked for an increase in allotments to St. Matthews Area Ministries and Senior Care as they both provide valuable resources and assistance to our community. Money will be moved around to fulfill this request and to keep the budget balanced. Mayor Bowling reiterated the proposed budget is balanced and the City continues to have a debt level of zero dollars. Councilman Weiter made a motion to accept this as the 1st reading of Ordinance 13-03. The motion was seconded by Councilman Nay.
Upon voice vote: (7-0) the motion passed. This completes the 1st reading of Ordinance 13-03 and it will move to the agenda of the June 25, 2013 council meeting. Councilman Tonini was absent and unable to participate in the vote.
MUNICIPAL ORDER 13-11 PARKING WAIVER – BEVERAGE WAREHOUSE
4232 – 4238 SHELBYVILLE ROAD
The Louisville Metro Planning Commission has made a recommendation to grant the requested parking waiver. However, final approval must be made by the St. Matthews City Council. The parking waiver reduces the parking space requirements from 35 to 28 spaces. Councilman Nay inquired does this parking waiver only apply to this business or if granted, can any subsequent business be grandfathered in? Jack Ruf, Planner for the City of St. Matthews responded the Parking waiver does stay with the property but a condition of approval can be added to address this concern. Steve Rusie also added that any future zoning requests would have to be approved by the city council members. Mr. Ruf interjected there is a question if the alley behind this building is considered a public alley or owned privately. This issue arose now because of the area needed to pull out of two parking spaces. There is documented references to Ordinance #2 passed by the councilmembers of the City of Fairmeade in 1984 declaring it a public alley. Foster Haunz interjected there is statute that states if a road is used as a public road for more than 5 years it is considered to be a public road. This strip of pavement has been used for public access for at least 40 years. However, Beverage Warehouse owner Greg Anastas stated his deed indicates it is part of his property. Currently there is an agreement between the adjacent business owners, except Walgreens, for the use of that alley. Much discussion followed. No action was taken on this particular issue. Councilman Frank Flynn made a motion to accept Municipal Order 13-11 as currently written. The motion was seconded by Councilman Nay.
Upon vote: (7-0) the motion passed. Councilman Tonini was absent and unable to participate in the vote.
ORDINANCE 13-01 – 1st reading SIGN ORDINANCE
A summary of Ordinance 13-01 was presented constituting its 1st reading. The body of the ordinance stipulates freestanding menu boards can be no larger than 40 square feet. This matches the requirements currently in affect by Louisville Metro. Councilman Weiter stated he feels the size stated in this ordinance is corporate driven and would prefer a committee look at this issue. He further claimed that he wants a sign ordinance that we can enforce for current signs, future signs and signs that have been erected in the past. Councilman Wissing queried Jack Ruf for his recommendation. Mr. Ruf responded he feels a 32 square foot maximum, as Councilman Wissing previously mentioned, may be the best compromise. He further countered that embellishments are in addition to the sign limits. Councilman Monohan made a motion to accept the 1st reading of Ordinance 13-01. The motion was seconded by Councilman Schade.
Upon voice vote: (4-3) the motion carried. It is noted that Councilmen Monohan, Flynn, Draut and Schade voted favorably during the 1st reading for the ordinance. Those voted in opposition to the ordinance as currently written are Councilmen Weiter, Nay and Wissing. Councilman Tonini was absent and unable to participate in the vote.
MUNICIPAL ORDER 13-12 REVIEW RDDDP – McDONALD’S
287 N. HUBBARDS LANE
City Attorney Foster Haunz acknowledged he may have a conflict of interest and feels it is not appropriate for him to write a municipal order on this matter. Jason Sams, representative of McDonald’s, reviewed materials distributed to the council members. The revised detailed district development plan calls for metal louvers to be added as screens for an internal children’s play area. It will also add a small yellow canopy above the door as well as add corrugated metal coping for parapet accent. A metal trellis band will be added to the top of the building. A double drive-through will replace the current single drive-through. Councilman Nay inquired about the yellow canopy. Her inquiry revealed only a lip around the drip edge will illuminate the canopy. Upon review of this proposal, it was determined Jack Ruf will formulate a municipal order for review by legal counsel as to form and legality. The will be placed on the June 25, 2013 agenda for consideration.
COMMITTEE REPORTS
- Councilman Weiter reiterated he would like to see the formation of a committee to study the sign regulations within the City of St. Matthews limits.Mayor Bowling responded that he will compile members for the committee and Councilman Weiter can chair.
CITY ATTORNEY’S REPORT
Mr. Haunz had nothing further to report at this time.
MAYOR’S REPORT
Mayor Bowling had nothing further to report at this time.
EXPENDITURES
Councilman Schade made a motion to approve the expenditures listed and have checks drawn on the city’s treasury in the total amount of $153,268.72. The motion was seconded by Councilman Wissing.
Upon vote: (7-0) the motion carried. Councilman Tonini was absent and unable to participate in the vote.
ADJOURNMENT
Councilman Flynn made a motion to adjourn. The motion was seconded by Councilman Weiter.
Upon vote: (7-0) the motion carried. The meeting adjourned at 8:33 p.m. Councilman Tonini was absent and unable to participate in the vote.
Billings
| ADP | $341.35 |
| Bachman Auto Group | $6,592.21 |
| Beck PC | $1,220.00 |
| Bill Collins Ford | $79.80 |
| Charles Guelda and Sons Plumbing | $165.03 |
| CMS Uniforms | $622.70 |
| Cundiff Electric | $712.61 |
| D&S Auto Repairs | $1,245.97 |
| Davis Electronics | $112.50 |
| Dot Trend | $249.00 |
| Earl B. Wise Mechanical | $225.00 |
| Earth First | $1,581.00 |
| Galls Quartermaster | $752.00 |
| Guardian | $5,529.63 |
| HDS White Cap | $40.08 |
| Helm’s Seeding | $45.75 |
| Home Depot | $276.47 |
| Internation Association of Chief’s of Police | $120.00 |
| JaniKing | $1,069.00 |
| Kenney Outdoor Solutions | $688.61 |
| KY Peace Officers Association | $30.00 |
| Lawson Products | $722.29 |
| Leonard Brush and Chemical | $616.77 |
| Lewis Seed Company | $424.32 |
| Louisville Gas & Electric | $26,422.40 |
| Louisville Tractor | $913.99 |
| Louisville Water Company | $45.07 |
| Lowe’s | $2,164.10 |
| Marlin Bank | $178.04 |
| MedEast Physicians | $84.00 |
| NXKEM Products | $166.71 |
| Pep Boys | $79.85 |
| Plumbers Supply | $165.66 |
| PNC Bank | $265.83 |
| RCS Communications | $8,242.75 |
| Rumpke | $86,208.73 |
| S&J Lighting | $7.98 |
| St. Matthews Feed & Seed | $195.00 |
| St. Matthews Hardware | $46.61 |
| Suburban Towing | $65.00 |
| Sweep All, Inc. | $1,812.50 |
| Treez | $875.00 |
| Verizon | $1,221.70 |
| Welder’s Supply | |
| Reimbursements and Payments | |
| Ford, Tony – CID Clothing Allowance | $250.00 |
| Tonini, Frank – Reimbursement for Expenses | $395.71 |
| ——————– | |
| TOTAL | $153,268.72 |
