REGULAR COUNCIL MEETING JANUARY 4, 2007
Mayor Thomas L. Hardesty called the meeting to order at 6:30 p.m. with the following Councilmember present: Alan Matthews, Mike Zoeller, Donna Eaton, Shane Suttor, Valoise Owens, and Michael Miller.
City Employees present: Willard Tucker, Adam Brown, Troy Witt, Raymond Williams, Al Minnis, Inez Harris, Jeff Tennill, Mary Smith and Brent Hatter. City Attorney: Frank Chopper.
Councilmember Miller gave the invocation.
All present pledged allegiance to the flag.
Minutes/December 21, 2006
Councilmember Matthews moved to approve the minutes of December 21, 2006 as read by Councilmembers prior to the meeting. Seconded by Councilmember Owens.
All voted “aye” and it was so ordered.
Ordinance/#2007-01-04-Amending Chapter 70, “Permits and Fees – Second Reading
Frank Chuppe, City Attorney, read the summary of an ordinance of the City of Shelbyville, amending Chapter 70, “Permits and Fees.” This ordinance increased the building permit fees as recommended by the Building Code Committee. (The rate increase will bring City fees up to the same rates as Shelby County and Simpsonville.)
It was introduced for second reading by Councilmember Owens. Seconded by Councilmember Zoeller.
Upon roll call, the following Councilmembers voted “aye”: Matthews, Zoeller, Eaton, Suttor, Owens and Miller.
Ordinance/#2007-01-04(A) Amending Chapter 71, to include “Uniform Residential Landlord and Tenant Act – Second Reading
Frank Chuppe, City Attorney, read the summary of an ordinance of the City of Shelbyville amending Chapter 71, to include in its entirety the “Uniform Residential Landlord and Tenant Act.” (KRS 383.505 to 383.705)
It was introduced for second reading by Councilmember Zoeller. Seconded by Councilmember Owens.
Upon roll call, the following Councilmember voted “aye”: Miller, Owens, Suttor, Eaton, Zoeller and Matthews.
Ordinance #2007-01-04 (B) Amending Chapter 50 to include “Yard Parking Prohibited, - Second Reading
Frank Chuppe, City Attorney, read the summary of an ordinance of the City of Shelbyville amending Chapter 50, Article IV to include “Yard Parking Prohibited.”
It was introduced for second reading by Councilmember Suttor. Seconded by Councilmember Zoeller.
Upon roll call, the following councilmembers voted “aye”: Matthews, Zoeller, Eaton, Suttor, Owens and Miller.
Ordinance/Establishing a Limitations Period for Tax and Fee Refunds – First Reading
Frank Chuppe, City Attorney, read an ordinance of the City of Shelbyville that states any claim for a refund of taxes or fees paid to the City based upon a claim of overpayment, exemption, and inapplicability of the tax or fee, or any other reason, must be filed with the City Clerk within two years of when the tax or fee for which a refund is sought was paid.
It was introduced for first reading by Councilmember Matthews. Seconded by Councilmember Suttor.
Request to add Trace Lane into the City Street System
There was discussion on whether to take Trace Lane into the City of Shelbyville street system. Mr. Horace Brown, City Engineer, recommends the City not accept this street in the city system. According to Mr. Libke (Planning and Zoning) the City of Shelbyville should take caution in accepting private streets into the city street system when they don’t meet the minimum street design standards.
In conclusion, Councilmember Matthews recommends that the Public Works committee work with Planning and Zoning to look at this matter more closely and make a recommendation to council. Councilmember Matthews thinks there needs to be guidelines set up for future request regarding private streets.
Resolution to Request Authorization of Referendum
Section 61.435 of KRS establishes procedures for members of the retirement system. This resolution is for the Shelbyville City Council to decide whether they would like to have social security coverage. Councilmembers will receive a ballot within ninety days to vote on this referendum.
Councilmember Matthews moved to approve the resolution. Seconded by Councilmember Owens.
All voted “aye” and it was so ordered.
Appointment/Stefanie Zoeller to the Housing Board to replace Lynda Hudson
Mayor Hardesty recommends Stefanie Zoeller to the Shelbyville Housing Board to replace Lynda Hudson to January 1, 2011.
Councilmember Owens moved to accept the recommendation. Seconded by Councilmember Suttor.
The following voted “aye”: Matthews, Eaton, Suttor, Owens and Miller. Abstained: Zoeller.
Appointment/Mike Harrod to the Shelbyville/Shelby County Parks Board
Mayor Hardesty recommends Mike Harrod to complete the term of Wendy Gregory on the Shelbyville/Shelby County Parks Board to December 31, 2008.
Councilmember Zoeller moved to accept the recommendation. Seconded by Councilmember Eaton.
All voted “aye” and it was so ordered.
Re-appointment/Sherman Riggs on the Shelbyville Ethics Board
Mayor Hardesty recommended the re-appointment of Sherman Riggs to the Ethics Board to December 31, 2009.
Councilmember Owens moved to approve the re-appointment. Seconded by Councilmember Zoeller.
All voted “aye” and it was so ordered.
DEPARTMENT REPORTS
Mary Smith, Personnel, reported working on W-2’s will be available on January 19, 2007. She is working on new policies for cell phones and take home cars. Darrell Willard will be the new Code Enforcement Officer to replace Ed Miladin.
Al Minnis, Public Works Superintendent reported city streets will be pretreated with brine. The brine will be put down with a 600 gallon fertilizer on loan from Southern States. A special thanks to Carl Henry of Shelby County Road Supervisor for help in obtaining the brine. All trucks are ready for winter.
Willard Tucker, Fire Chief, reported fire runs were up for the 2006 year. The department was denied a grant for personal protective clothing.
Mayor’s Report
Mayor Hardesty reported city hall will be closed in observance of Martin Luther King holiday on January 15, 2007. He announced committees for the 2007 year.
Councilmember Suttor moved to go into closed session to discuss litigation at 7:50 p.m. Seconded by Councilmember Zoeller.
All voted “aye” and it was so ordered.
Councilmember Owens moved to end the closed session at 8:45 p.m. Seconded by Councilmember Matthews.
All voted “aye” and it was so ordered.
Councilmembers Miller and Matthews left at 8:46 p.m.
Councilmember Zoeller moved to grant WAZE the R-1 zoning it requested in return for annexation consents of the owners of property known as the old Crouch Farm and part of the old Coots Farm west of Ardmore Lane east of the property purchased by the Shelby County Board of Education and south of the 89 acres known as the old Crouch Farm in a form that the annexation consents run with the land. WAZE gives a release of liability to all persons associated with the City for any actions relating to the WAZE zoning application. Seconded by Councilmember Owens.
The following councilmembers voted “aye”: Suttor, Eaton, Zoeller and Owens.
Councilmember Suttor moved to adjourn at 9:00 p.m. Seconded by Councilmember Eaton.
All voted “aye” and it was so ordered.
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MAYOR: Thomas L. Hardesty
ATTEST:
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CITY CLERK/TREASURER:
Inez Harris