City of Mount Washington
Minutes of the Regularly Scheduled Council Meeting
August 12, 2002
City Hall Annex Building, 186 Branham Way
6:30 p.m.
Mayor Ed Hilbert called the meeting to order at 6:30 p.m. with the following
members present: Barry Armstrong, Sam Beichler, Sid Griffin, Ralph Lutes, Frank
Sullivan and Brent Wheeler.
The City Clerk, City Attorney, Utility Superintendent, and City Engineer were
also present.
The invocation was given by John Tappan of First Baptist Church of Mt.
Washington.
Mayor Ed Hilbert introduced David Leonhardt, a new Mt. Washington Police
Officer.
Brent Wheeler made a motion to accept the minutes of the July 22, 2002 meeting
with two corrections. Barry Armstrong seconded the motion. Motion passed. (Unan.)
There was discussion on the proposed ordinance regarding building permit fees
for residential construction. Gale Park went over the changes made at the last
meeting. Sam Beichler stated that in section 150.16 the fifth word in paragraph
A should be an instead of and. Also he asked that Paragraph E in the same
section states the building permit is good for a 12 month period. The state is
only good for 6 months. Attorney Joe Wantland stated he didn't think the City
needed to change it because the City controlled residential permits in the City
limits and he doubted commercial buildings could be completed in a six month
period. No further changes were made. A first reading will be conducted at the
next meeting.
Mayor Ed Hilbert introduced Mike Bowen, Mt. Washington's Code Enforcement
Officer. A request by Mr. Bowen, regarding amending Ordinance 81-03 in regard to
the adoption of the Kentucky Building Code. He explained that the Kentucky
Building Code book has been separated into two code books. The Kentucky Building
Code for Commercial and the Kentucky Residential Code for Residential. He stated
he just wants to add to the Kentucky Residential Code. Frank Sullivan made a
motion to amend Ordinance 81-03 to add the Kentucky Residential Code. Sam
Beichler seconded the motion. Motion passed. (Unan.) Joe Wantland does want to
check with the State to see if the ordinance as written actually needs to be
changed. If the City does not need to amend the ordinance the City may save on
advertizing expenses. If it does need to be changed an amended ordinance will be
brought back to the Council.
Keith Stevens, of 222 Helm Lane, addressed the Council in regard to damage to
his property and fence when the water tower overflows. He wanted to know if the
Council could do something. He has brought in dirt and fixed it but has now
rutted out again. Also repairs have been made to his fence. Its a major problem
he wants help with, but does not know what can be done. It went a year without
overflowing so he wants to know what we did to keep it from happening then. Also
Mr. Stevens stated that there is a speeding problem in his subdivision. He has
spoken to our officers and knows that they are working on it but the speeders
can see when the police are there monitoring them. He suggested speed bumps. Mr.
Griffin asked if it was still illegal to put speed bumps on our City streets.
Mr. Fick stated it was. Brent Wheeler stated his subdivision has the same
problem and stated that writing more tickets may be the answer. Mr Beichler
asked Officer Leonhardt if it would be legal to set up radar in his driveway.
Officer Leonhardt stated it would be ok. Mayor Hilbert asked Mr. Fick to address
the tower problem. Mr. Fick explained that he felt the problem was fixed now.
Some of the screens were stopped up and the tank levels setting had to be reset
and adjusted. Mr. Derrick stated a new valve was installed about a year ago.
Barry Armstrong asked if the drain could be diverted to a ditch to avoid damage
to property. Mr. Derrick stated that he would go out and look into it. Mrs.
Stevens also addressed the Council about the overflow and feels that the City
should compensate them for damages or help rebuild the fence that is
deteriorating due to the overflows. Mr. Beichler asked if an officer could park
in their driveway and be seen? Mrs. Stevens stated he was more than welcome to
park in their driveway. Mr. Sullivan asked how much of the fence is damaged. Mr.
Stevens stated about 6 to 8 poles. He stated the fence post are weakened and the
fence flops in that area. Mayor Hilbert stated Mr. Derrick would look at the
drainage in the area before any repairs to the fence.
Vicki Tipton, of 995 Stringer Lane, addressed the Council about her sewer line.
She had a leak and replaced her entire sewer line. She found out that she was
responsible from her property line to the manhole which crosses two other
peoples' property. She didn't understand why she was responsible beyond her
property line. She now has to repair the yards of two neighbors. Mr. Fick
explained that the original sewer main was constructed and stopped where it is.
The City only had an easement to that point. When the other property owners
wanted to tap on to the sewer line they were required to get easements from
other property owners in order to reach the City's sewer line to get sewer
service. The City does not have easements beyond the manhole and is not
responsible for the private lines that are hooked in from that point. Mr. Fick
stated he was agreeable to digging it up and even supplying gravel. Mrs.
Tipton's plumber agreed to the gravel but wanted permission for to dig up the
sewer line himself. Mrs. Tipton stated it was broken at the manhole and felt the
City was responsible for repairs beyond her property line. Mr. Armstrong asked
that if Mrs. Tipton had refused to repair it, who would have been responsible to
repair it. Mr. Fick stated the property owner would be responsible. Mr. Derrick,
City Engineer, stated that the City normally does not maintain private lines. It
is a 4" sewer line that was run by the original property owner. Mrs. Tipton
stated that each home has an individual sewer line to the manhole. Mr. Beichler
stated he is responsible for his sewer line up to the City easement. Mr. Fick
stated he would have fixed it to be nice but she wanted the entire sewer line
replaced. Mr. Sullivan asked if she would bring back her bill when she gets it
to see if we can come to some type of an agreement. She stated she saw no need
if nothing was going to be done. Mr. Sullivan stated he thought there was a
possibility. Mayor Hilbert closed discussion by asking Mrs. Tipton to come back
if she wanted to, with a bill, but he couldn't be sure if anything would be
done.
During the report from Council, Sid Griffin asked if the Long Term Planning
Session scheduled for August 22nd could be postponed until after the November
election so that the new Council members could be invited and give their input.
Mr. Beichler stated that we have these meetings annually and the new members may
need some time to learn about the City's operations. Mr. Armstrong and Mr.
Sullivan stated they could not attend the scheduled meeting. The Council agreed
to cancel the Long Term Planning Session until after the November election.
Sam Beichler made a motion to enter into executive session at 7:35 p.m. to
discuss property and litigation. Ralph Lutes seconded the motion. Motion passed.
(Unan.)
Ralph Lutes made a motion to reconvene open session at 8:51 p.m. Sam Beichler
seconded the motion. Motion passed. (Unan.)
There was no action taken as a result of executive session.
There being no further business before the Council, Ralph Lutes made a motion to
adjourn the meeting. Brent Wheeler seconded the motion. Motion passed. (Unan.)
The meeting was adjourned at 8:51 p.m.