City of Mount Washington

Minutes of the Regularly Scheduled Council Meeting

June 28, 2004

City Hall Annex Building, 186 Branham Way

Mayor Sullivan called the meeting to order at 6:30pm 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 and City Attorney Rodney Burress.  City Engineer Dave Derrick arrived at 6:33pm and Utility Superintendent Ronnie Fick arrived at 6:43pm. 

Charlie Long gave the invocation and led the Pledge of Allegiance.

Minutes

Sid Griffin made a motion to accept the minutes of the June 14, 2004 meeting as written.  Ralph Lutes seconded the motion.  Motion passed unanimously by a roll call vote.  Lloyd Dooley made a motion to accept the minutes of the June 23, 2004 special meeting as written.  Joetta Calhoun seconded the motion.  Motion passed unanimously by a roll call vote.

Swearing In Ceremony

Judge Rebecca Ward swore in Rodney Hockenbury as Chief of Police effective July 1, 2004.  Retiring Chief Leo Oliver pinned on the Chief badge and Sandi and Courtney Hockenbury pinned on the eagle pins.  Mayor Sullivan asked those present to applaud the work and dedication of retiring Chief Oliver.  Chief Oliver received a standing ovation.  Rodney Hockenbury thanked those present for their support and said he will be a chief the community can be proud of.

Treasurer’s Report

Peggy Brinkman gave the Treasurer’s Report for May 2004.  Discussion followed.  Larry Porter made a motion to accept the Treasurer’s Report for May 2004.  Sam Beichler seconded the motion.  Motion passed unanimously by a roll call vote.

Ordinances

The Council held second reading of an ordinance to adopt or reject the recommendation of the Bullitt County Joint Planning Commission to rezone 73.83 acres, more or less, located at the south east intersection of Highway 44E and E Sanders Lane (Docket No. 2004Z - 28).  Discussion followed between the Council and Glen LaPoint regarding the percentage of brick to be used on the residences.  Larry Porter clarified with Mr. LaPoint that he agreed to have brick on the front façade of each residence at a minimum, and additional brick if requested by an individual homeowner.  Mr. LaPoint agreed with this condition.  Larry Porter made a motion to accept the recommendation of the Bullitt County Joint Planning Commission for Docket No. 2004Z - 28.  Sam Beichler seconded the motion.  Motion passed unanimously by a roll call vote.

The Council held second reading of an ordinance adopting the City of Mt. Washington annual budget for the fiscal year July 1, 2004 through June 30, 2005.  Sam Beichler made a motion to pass the ordinance adopting the budget.  Lloyd Dooley seconded the motion.  Motion passed by a vote of 5 to 1 as follows:

Yes                              No

Sam Beichler                Joetta Calhoun

Lloyd Dooley

Sid Griffin

Ralph Lutes

Larry Porter

The Council held second reading of an ordinance amending the building permit requirement for the City of Mt. Washington relating to temporary buildings.  Rodney Burress explained the purpose of the amendment is to allow “temporary mobile classrooms” and extend the time frame allowed.  Sid Griffin made a motion to pass the ordinance relating to temporary buildings.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.

Sam Beichler introduced and the Council held first reading of an ordinance to adopt or reject the recommendation of the Bullitt County Joint Planning Commission to rezone 2.95 acres, more or less, located at 226 Hardy Lane (Docket No. 2004Z - 29).  Kenny Stout presented the proposed use of the property and submitted a proposed site plan to the Council.  Mike Mann addressed the Council regarding the roadway and drainage issues and asked the Council to sustain the restriction placed by the Planning Commission and address the road and drainage issues.  Kenny Stout discussed Mr. Mann’s concerns.  Discussion followed. 

Ralph Lutes introduced and the Council held first reading of an ordinance to adopt or reject the recommendation of the Bullitt County Joint Planning Commission to rezone .761 acres, more or less, located at the intersection of Oakbrook Drive and Oakbrook Circle (Docket No. 2004Z - 33).  Kenny Stout discussed the reason why the zoning change is needed.  Discussion followed.

Ordinance Review Committee Report

Before addressing more ordinances, the ordinance review committee would like to wait until Rodney Burress is able to address the ordinances discussed at the June 23^rd special meeting.

Guests to Address the Council

Travis Hardin, President of the Helmwood Homeowners Association addressed the Council regarding repairs to streets, temporary certificates of occupancy issued for Wayne Homes, fire hydrants that do not work properly and declining police patrol in his subdivision.  Ronnie Fick said the road will be taken care of when the City has its paving done this year.   Regarding the temporary certificates of occupancy, Ronnie Fick said those are issued by the county and Mr. Hardin should contact Fiscal Court.  Ronnie stated he spoke with the Fire Chief and the fire department inspects fire hydrants twice a year and informs him of any that need to be repaired.  Mayor Sullivan asked Mr. Hardin to discuss his concerns regarding police patrol with the police chief.

Report from Council

Lloyd Dooley asked if the traffic light at Hwy 44 and Bardstown Road was fixed and said the traffic light is also out at Pic-Pac.  Ronnie said it has not been fixed, but has been reported.  Discussion followed. 

Joetta Calhoun asked about the pile of dirt next to Doggie Dimensions.  Ronnie Fick said they are waiting on the State.  Discussion followed.  She also asked the status of the properties citied by Mike Bowen that need to be cleaned up.  Rodney Burress said he has discussed the options with Mike Bowen.  In addition, Ms. Calhoun said the plantings are ready at the traffic island on Flatlick. 

Sam Beichler stated that Smith’s Laminating will begin construction very soon of a 30,000 ft. building in the business park.

Sid Griffin asked if the City can remove the television in the road on the by-pass close to Bardstown Road.  Mayor Sullivan said the television will be removed by 10:00am.

Executive Session

Sid Griffin made a motion to enter into executive session at 7:57pm for the purpose of litigation.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.

Reconvene

Sam Beichler made a motion to reconvene at 9:27pm.  Sid Griffin seconded the motion.  Motion passed unanimously by a roll call vote.

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

Joetta Calhoun made a motion to hire, Stoll, Keenon & Park to represent the City and authorize the Mayor to execute verified answers on behalf of the City in the lawsuit filed in U.S. District Court, case number 3:04-CV-349; Thomas B. Givhan, individually, and the Givhan Family Partnership, LTD vs. The City of Mt. Washington.  Larry Porter seconded the motion.  Motion passed unanimously by a roll call vote.

Lloyd Dooley made a motion to authorize Rodney Burress to file a response and authorize the Mayor to execute verified answers on behalf of the City in the lawsuit filed in Bullitt Circuit Court, case number 04-CI-00596; Aaron T. Givhan vs. the City of Mt. Washington, Francis J. Sullivan, Mayor and City Council members Sidney Griffin, Sam Beichler and Larry Porter.

Rodney Burress recommended that the City Clerk be asked to investigate bringing the zoning map up to date and advise of the steps and associated costs.  Sid Griffin made a motion to ask the City Clerk to investigate the steps and costs to update the zoning map and report to the Council at the next meeting.  Joetta Calhoun seconded the motion.  Motion passed unanimously by a roll call vote.

Adjourn

Sid Griffin made a motion to adjourn at 9:31pm.  Ralph Lutes seconded the motion.  Motion passed unanimously by a roll call vote.