City of Mount Washington
Minutes of the Regularly Scheduled Council Meeting
March 25, 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 Attorney, City Engineer, Utility Superintendent, City Treasurer and City Clerk were also present.

The invocation was given by Mayor Ed Hilbert.

Ralph Lutes made a motion to accept the minutes of the March 11, 2002 meeting as read. Sid Griffin seconded the motion. Motion passed. (Unan.)

Kim Fell gave the treasurers report. Sid Griffin made a motion to accept the treasurers report. Brent Wheeler seconded the motion. Motion passed. (Unan.)

The first reading was conducted on Ordinance 2002-02 regarding amending the building permit ordinance to make sidewalks mandatory for new developments within the city limits.

The second reading was conducted on Ordinance 2002-05 approving a lease for the financing of a project; providing for the payment and security of the lease; creating a sinking fund; and authorizing the execution of various documents related to such lease. The project is to replace Sewer Lift Station No. 1 on Hwy 44 E. Barry Armstrong made a motion to adopt Ordinance 2002-05. Frank Sullivan seconded the motion. Motion passed. (Unan.)

The first reading was conducted on Ordinance 2002-06 regarding zoning amendment 2002Z-05 for Mary J. McCauley on 1.3 acres in the City of Mt. Washington from the current zoning of R-1 Residential to R-3 Residential. Mitchell Elder, representing Mary McCauley, addressed the Council in regard to the property. Mr. Elder stated that the property is to be purchased by Park Hill, Inc. Jeff Greenburg, of Park Hill Inc., plans to purchase the property and build 12 units and provide a road easement that will be to city specifications and allow access to the back 12 acres of the property currently in the County. The 12 acres will be brought to the City for annexation. He also stated that the adjoining property to the west is zoned R-3 and the property to the east is zoned Light Industrial.

Irvin Holt, of 232 First Street, addressed the Council about the property at 190 First Street. He feels that if part of the property is sold, there may be a possible violation to the deed restrictions. The property is currently for sale. He stated that individuals from Planning & Zoning told him that the City could prevent issuance of a building permit. Mr. Joe Wantland, City Attorney, stated that the lots were originally platted at two individual lots when recorded and were done so before Planning & Zoning was established. The vacant lot could be sold and if issued a zoning compliance a building permit could be sold by the City without being in violation of zoning, but that the remaining lot with the house may be considered non-conforming. Mr. Holt stated that there were restrictions applied to the lots when recorded. When asked by the Council what those restrictions were, he could not state those because he did not have them with him. Mr. Wantland stated that if there were deed restrictions, that would be a private matter involving the developer of the property.

Barry Armstrong made a motion to send Attorney Joe Wantland and any other Council members that would like to attend a 2 day seminar on "Eminent Domain" in Louisville on June 27 and 28. Brent Wheeler seconded the motion. Motion passed. (Unan.)

Sam Beichler made a motion to enter into executive session at 7:30 p.m. to discuss property. Ralph Lutes seconded the motion. Motion passed. (Unan.)

Frank Sullivan made a motion to reconvene open session at 8:55 p.m. Barry Armstrong 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, Sid Griffin made a motion to adjourn the meeting. Frank Sullivan seconded the motion. Motion passed. (Unan.)

The meeting was adjourned at 9:00 p.m.