City of Mount Washington

Minutes of the Regularly Scheduled Council Meeting

July 14, 2003

City Hall Annex Building, 186 Branham Way

Mayor Frank Sullivan called the meeting to order at 6:30 p.m. with the following Council members present: Sam Beichler, Joetta Calhoun, Lloyd Dooley, Sid Griffin, Ralph Lutes, and Larry Porter.

Also present were City Clerk Christi Franklin, City Treasurer Peggy Brinkman, City Engineer Dave Derrick and City Attorney Rodney Burress.

Betty Forelicher gave the invocation and led the pledge of Allegiance.

A moment of silence was observed in the memory of Steve Wolf.

Minutes

Joetta Calhoun made a motion to accept the minutes of the June 23, 2003 meeting as corrected.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.  Sam Beichler made a motion to accept the minutes of the June 24, 2003 special meeting as corrected.  Lloyd Dooley seconded the motion.  Motion passed unanimously by a roll call vote.

Ordinances

The Council held second reading of an ordinance adopting or rejecting the recommendation of the Bullitt County Joint Planning and Zoning Commission for docket number 2003Z – 25 to rezone the Frank Cornell property from B-2 to R-3 located at 12506 Highway 44 East consisting of 13.785 acres.  Joetta Calhoun made a motion to pass the ordinance adopting the recommendation of the Bullitt County Joint Planning and Zoning Commission for docket number 2003Z – 25.  Sid Griffin seconded the motion.  Motion passed unanimously by a roll call vote. 

The Council held second reading of an ordinance adopting or rejecting the recommendation of the Bullitt County Joint Planning and Zoning Commission for docket number 2003Z – 26 to rezone the KLS Management property from R-1 to R-3 located in the Woodlake subdivision on Highway 44 East consisting of 16.12 acres.  Sid Griffin made a motion to pass the ordinance adopting the recommendation of the Bullitt County Joint Planning and Zoning Commission for docket number 2003Z – 26.  Sam Beichler seconded the motion.  Motion passed unanimously by a roll call vote.

The Council held second reading of an ordinance adopting a supplement to the Code of Ordinances.  Joetta Calhoun made a motion to pass the ordinance adopting a supplement to the Code of Ordinances.  Lloyd Dooley seconded the motion.  Motion passed unanimously by a roll call vote.    

The Council held second reading of an ordinance relating to the elimination of water and sewer recovery fees from the City of Mt. Washington.  Sam Beichler made a motion to table this ordinance until the next Council meeting.  Joetta Calhoun seconded the motion.  Motion passed by a vote of 4 to 2 as follows:

Yes                                          No

Sam Beichler                            Sid Griffin

Joetta Calhoun                          Larry Porter

Lloyd Dooley

Ralph Lutes

Sam Beichler introduced and the Council held first reading of an ordinance relating to the licensing of hotels, restaurants and dining facilities for the sale of alcoholic beverages by the drink.  Discussion followed.  Sam Beichler made a motion to amend Section 3.10 (C) and Section 3.12 (C) (7) of the ordinance to 1000 feet for new businesses and to grandfather all existing businesses less than the 1000 foot restriction and incorporate it into the first reading.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.  

Guests to Address the Council

Bill Thixton addressed the Council regarding the liquor by the drink ordinance.  He asked the Council to change the ordinance to allow the music to play until 12:00 midnight and to allow children to stay with their parents until 11:00pm.  Discussion followed.  Rodney Burress read Section 4.07 (3) relating to the time frame children can remain with their parents in a restaurant. 

Bruce Clark addressed the Council regarding the liquor by the drink ordinance.  He urged the Council not to pass this ordinance due to drunk drivers and the additional responsibility placed on the Council. He felt this ordinance is bad for the community.

Anna Ruth Clark stated that she cannot find any reasons to justify liquor by the drink in the City and doesn’t feel the Council has to pass this ordinance.  She also discussed drunk drivers.

David Echsner said that he was hit by a drunk driver several years ago but does want the Council to pass the liquor ordinance.  It includes many regulations that can keep the Council in control of who can be issued a license.  He stated that all he is asking for is legitimate restaurants in town, and stated that he will sign a petition if this ordinance is not passed.

Burton Cosby stated that the State Alcoholic Beverage Control Board has full control of who can be issued a license.  The City Council can only set the fees for the licenses. 

Rob Brady, President of K & B Development and Brady Built Homes addressed the Council regarding the Bogard Woods Development.  He asked if this property has been denied for annexation. Mayor Sullivan responded, yes.  Mr. Brady asked for the reasons the annexation was denied.  Mayor Sullivan said that this issue has been voted on does not need to be rehashed.  Mr. Brady asked if sewer connections would be granted to this property without development.  Mayor Sullivan responded, in his opinion, no, due to an existing ordinance stating that in order to have sewers, a property must be located within the City limits.

Thomas B. Givhan asked the Council again to remove his issues for Bogard Woods regarding sewers from the table.  Rodney Burress advised the Council on their options.  Discussion followed.  Sid Griffin made a motion to not remove this item from the table at this time.  Sam Beichler seconded the motion.  Motion passed unanimously by a roll call vote.

Report from the Council

Sid Griffin reported that he has received several phone calls regarding the poor condition of the property owned by LG&E behind the Town & Country.  Mayor Sullivan will contact LG&E.

Sam Beichler praised Steve Wolf and stated that he will be missed by many.

Joetta Calhoun wants to make sure that the Council is not placing the City in jeopardy by not allowing Mr. Givhan sewers.  She asked for legal assurance.  Rodney stated that he cannot give that assurance and discussed the facts related to this issue.  Discussion followed.

Lloyd Dooley reported that the garbage cans were out of stock and re-ordered.

Mayor Sullivan said that Steve Wolf helped this community with the business park and reported the amount of tax revenue collected by the City in 2002 for those businesses in the business park.

Executive Session

Sam Beichler made a motion to enter into executive session at 8:56pm for the purpose of personnel.  Joetta Calhoun seconded the motion.  Motion passed unanimously by a roll call vote.

Sid Griffin made a motion to reconvene at 9:33pm.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.

Rodney Burress reported that no action was taken as a result of the executive session.    

Adjourn

There being no further business before the Council, Joetta Calhoun made a motion to adjourn the meeting at 9:34pm.  Sid Griffin seconded the motion.  Motion passed unanimously by a roll call vote.