The regular monthly meeting of the St. Matthews City Council was called to order at 7:04 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
Councilman Stuart Monohan – absent
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 David Peterson – Owner Mini Cooper
Daman Small – Resident Deborah Bilitski – Legal Counsel/MC
Martha Elson – The Courier – Journal
Oscar Stoll – Resident
Will Clark – Resident
CITY COUNCIL MEETING
MAY 28, 2013
MINUTES
A motion was made by Councilman Nay to approve the minutes from the May 14, 2013 meeting. The motion was seconded by Councilman Weiter.
Upon vote: (7-0) the motion passed and the minutes were approved. Councilman Monohan was absent and unable to participate in the vote.
PUBLIC COMMENTS
St. Matthews resident Mr. Oscar Stoll reported he feels speeding is a problem on Fairmeade Road. It appears to be at its worst in the afternoons between 2:00 p.m. and 5:00 p.m. Mayor Bowling said he will pass the information to the police department for further action.
PENDING BUSINESS
There were no items of pending business to discuss at this time.
NEW BUSINESS
MUNCIPAL ORDER 13-09 152 THIERMAN LANE
City Attorney Foster Haunz summarized the situation with 152 Thierman Lane. Sometime in 2004, it is believed the Louisville Metro Planning and Zoning Board made a recommendation for a zoning change at this address to the City of St. Matthews. It cannot be confirmed the recommendation was received by the City. It appears the City has not at any time taken action on this recommendation. Jack Ruf only became aware that this might be an issue when he was working on a sign request for the current occupant. Mr. Haunz questioned the certificate of occupancy. Councilman Nay inquired about the parking requirements for medical space as opposed to general office use. Mr. Ruf responded medical offices do have a higher standard and a chiropractic office is considered a medical office. The requirement is 1 parking space for
CITY COUNCIL MEETING
MAY 28, 2013
every 250 square feet of office space. It appears the parking is sufficient to meet the conditions set forth for a medical office. Much discussion followed. Mr. Haunz summarized proposed Municipal Order 13-09 indicating that it is the desire of the St. Matthews City Council to approve the zoning change, as recommended by the Louisville Metro Planning and Zoning Board, to the OR-3 District plan related to 152 Thierman Lane. Councilman Flynn made a motion to accept MO 13-09 and the motion was seconded by Councilman Nay.
Upon vote: (7-0) the motion carried. Councilman Monohan was absent and unable to participate in the vote.
MUNICIPAL ORDER 13-10 621 BRECKENRIDGE LANE
A resident of a condominium in this development wishes to add a 15 feet x 13 feet enclosed porch at 621 Breckenridge Lane per Mr. Haunz. Mr. Ruf indicated the porch is in line with the binding elements of the property. The condominium association has given their approval. Councilman Tonini made a motion to approve MO 13-10. The motion was seconded by Councilman Nay.
Upon vote: (7-0) the motion carried. Councilman Monohan was absent and unable to participate in the vote.
APPEAL OF SIGN CITATION MINI COOPER
Jack Ruf, Sign Officer for the City of St. Matthews, issued a citation in February 2013 for a violation of the St. Matthews Sign ordinance. A replica of a mini cooper is affixed to the inside of 3 windows of the building. One is located on the “treasure box” area, a large two story glass enclosure on the front of the building. Deborah Bilitski, attorney with Wyatt Tarrant and Combs and representing David Peterson, owner of the Mini Cooper dealership, is contending the mini cooper replica is not a sign but a decorative screen and the dealership should not be held to the violation aforementioned. Mr. Peterson also spoke to the council that the replica was hung as a creative way to help control the temperature in the inside of the building. His
CITY COUNCIL MEETING
MAY 28, 2013
intention was for impact and considers it art. Mr. Haunz referred to St. Matthews law 91.12 that a sign is used as a display for public view and designed to draw attention. Jack Ruf read the definition of a sign as found in St. Matthews Ordinance Book Section 154. After summarizing the definition of a sign, Mr. Ruf ascertains 1) each is a sign 2) each covers more than 25% of the windows and 3) any door is distinct from any each window. Mr. Peterson maintains that he was not trying to get away with anything, just wanted a shield for the heat. Councilman Tonini inquired if these images where part of the initial District Development Plan. Ms. Bilitski responded they were not. Councilman Nay acknowledged this sign is pleasant in appearance but the Sign Enforcement Officer must go by the current regulations. The same holds true for the City Council. The City Council cannot take action against a current law. Councilman Tonini agreed that the sign is tasteful but by the current definition of a sign, it is a sign and therefore is in conflict with the ordinance. Mayor Bowling interjected he will have Jack Ruf research this issue further and tabled any further discussion for now.
COMMITTEE REPORTS
There were no committee reports at this time.
CITY ATTORNEY’S REPORT
Mr. Haunz stated he would have a report in Executive Session.
MAYOR’S REPORT
Mayor Bowling read a note written by an out-of-state visitor to St. Matthews expressing her appreciation for the lovely parks, nice people and neighborhoods that felt like home.
EXPENDITURES
Councilman Tonini made a motion to approve the expenditures listed and have checks drawn on the city’s treasury in the total amount of $205, 623.06. The motion was seconded by Councilman Nay.
CITY COUNCIL MEETING
MAY 28, 2013
Upon vote: (6-0) the motion carried. Councilman Monohan and Councilman Draut were absent and unable to participate in the vote.
EXECUTIVE SESSION
At this time, Councilman Nay made a motion to move into Executive Session. The motion was seconded by Councilman Tonini.
Upon vote: (6-0) the motion carried and at 8:29 p.m., the regular meeting was suspended while the Executive Session began. Councilman Draut and Councilman Monohan were absent and unable to participate in the vote.
At 8:49 p.m. Councilman Nay made a motion to adjourn from the Executive Session and return to the regular meeting. The motion was seconded by Councilman Weiter. It was noted no action was taken during Executive Session.
Upon vote: (6-0) the motion carried and the meeting returned to regular session at 8:49 p.m. Councilman Monohan and Councilman Draut were absent and unable to participate in the vote.
ADJOURNMENT
Councilman Nay made a motion to adjourn. The motion was seconded by Councilman Tonini.
Upon vote: (6-0) the motion carried. The meeting adjourned at 8:49 p.m. Councilman Monohan and Councilman Draut were absent and unable to participate in the vote.
Billing
| ADP | $323.15 |
| A&K Detailing | $350.00 |
| Allied Ready Mix | $432.50 |
| Anthem | $62,337.62 |
| Ashland | $361.97 |
| AT&T | $528.98 |
| B&K Printing | $25.00 |
| Bale Equipment | $198.00 |
| Beck PC | $6,475.00 |
| Benovation | $1,016.50 |
| Brightside | $2,500.00 |
| CMS Uniforms | $433.96 |
| Cundiff Electric | $146.25 |
| Davis Electronics | $75.00 |
| Delta Dental | $3,837.59 |
| Dorma | $713.75 |
| Earl B. Wise Mechanical Co. | $609.67 |
| Galls Quartermaster | $215.35 |
| Haunz, Foster | $2,300.00 |
| HDR Engineering | $4,851.02 |
| Jefferson County League of Cities | $500.00 |
| Lawrence & Associates | $13,857.49 |
| Lawry, Lynn – RPR | $175.77 |
| Lewis Seed Company | $935.72 |
| Louisville Water Company | $1,998.77 |
| MedEast Physicians | $483.00 |
| Miller Company | $41.18 |
| Morena Express | $1,880.57 |
| Motorola Solutions, Inc. | $24,136.00 |
| Nixon Power Service Company | $510.00 |
| Nortrax | $454.00 |
| Office Depot | $2.51 |
| Pirelli Tire | $191.50 |
| Print Tex USA | $65.00 |
| RCS Communications | $62,212.45 |
| Redwing Ecological Services | $381.78 |
| ROCIC | $178.00 |
| S&J Lighting | $169.74 |
| Spaulding Companies | $478.63 |
| St. Matthews Exterminating | $85.00 |
| Staples | $109.89 |
| Suburban Septic Services, Inc. | $1,280.00 |
| Tactical Armor Group | $3,803.98 |
| Target Barn | $163.50 |
| The Courier-Journal | $448.00 |
| TLO, LLC | $96.83 |
| Verizon | $1,160.29 |
| Wallitsch Nursery | $599.90 |
| Welder’s Supply | $194.17 |
| Reimbursements and Payments | |
| Napier, Eddie – CID Clothing Allowance | $250.00 |
| Norton, John – Caninine Expenses | $375.00 |
| Portman, Charlies – CID Clothing Allowance | $250.00 |
| Tonini, Frank – Reimbursement for Expenses | $423.08 |
| ——————– | |
| TOTAL | $205,623.06 |
