Mayor Ed Hilbert called the meeting to order at 6:30 p.m. with the following members present: Sam Beichler, Sid Griffin, Ralph Lutes, Frank Sullivan, and Brent Wheeler.

The City Clerk, City Attorney, and Utility Superintendent were also present.

The invocation was given by Stan Lowery of Pleasant Grove Baptist Church.

Ralph Lutes made a motion to accept the minutes of the August 26, 2002 meeting as read. Sam Beichler seconded the motion. Motion passed. (Unan.)

Dave Derrick, City Engineer, arrived at 6:34 p.m. Council member Barry Armstrong arrived at 6:35 p.m.

The second reading was conducted on Ordinance 02-16 regarding amending building permit fees for residential construction. The ordinance amends the residential building permit fee from $17.00 to a minimum of $30.00 for up to 1,000 square feet and .03 cents per square foot above 1,000 square feet. Frank Sullivan made a motion to adopt Ordinance 02-16. Sam Beichler seconded the motion. Motion passed. (Unan.)

A reading was conducted on Resolution 2002-03 relating to the improvements to Landis Lane from US 31E to the industrial park entrance and authorizing the Mayor to execute all documents including a written agreement to contract the city with the Commonwealth of Kentucky Transportation Cabinet for reimbursement of project costs up to $200,000. Brent Wheeler made a motion to adopt Resolution 2002-03. Sid Griffin seconded the motion. Motion passed. (Unan.)

Cathy Michel, of 816 Bleemel Lane, addressed the Council with questions in regard to the agreed order between Autumn Glen Development and City of Mt. Washington. In summary, Ms. Michel asked if the explanation of the agreed order as stated in the September 9th minutes was done in open session or closed session. City Clerk Gale Park stated there was a vote taken in open session directing her to amend the zoning map per the agreed order. She also asked what the "erroneous statements" were on the agreed order. Mr. Wantland explained that there were many erroneous statements but that erroneous statements regarding the Mt. Washington sewer treatment plant were made at the planning and zoning hearing and several planning commission members votes were based on those erroneous statements. Ms. Michel asked how the 1350 sq. ft. amendment to the agreed order came about. Mr. Wantland explained that the minimum 1350 sq. ft. was always agreed to by both parties but was inadvertently left out of the draft of the agreed order. She asked for a copy of the final restrictions for the subdivision and was told by Mr. Wantland she needed to get with the developer on that. She asked for clarification on how the agreed order came about so fast. Mr. Wantland explained that during executive session a committee of three council members were appointed to meet with the representatives of Autumn Glen Development. The parties met and came to an agreement which the circuit court Judge signed.

Ted Bennett, of Bleemel Lane, in summary stated he agreed with Ms. Michel's statements , he asked if the development would be held to the 200 homes. Mr Beichler answered no and stated that they could only build about 370 homes at the most. Mr. Bennett stated he felt the area would be saturated. Mr. Bennett stated that he was not against the development but wanted R1 zoning and a good road to the development. Council member Brent Wheeler reminded Mr. Bennett that had there been no agreement, the city may have lost the suit after spending tax payers money and the zoning would have been a straight R-2 zone with no restrictions.

Sid Griffin made a motion to enter into executive session at 7:23 p.m. to discuss possible litigation and property and to invite John St.Clair into executive session. Ralph Lutes seconded the motion. Motion passed. (Unan.)

Sid Griffin made a motion to reconvene open session at 8:37 p.m. Brent Wheeler seconded the motion. Motion passed. (Unan.)

Joe Wantland stated there were two items discussed. Mr. Derrick was given instructions on how to proceed with the first item which is concerning easements and a land issue. The second item was on property acquisition. The Mayor was given instructions by the Council and the Mayor will follow up on it.

There being no further business before the Council, Brent Wheeler made a motion to adjourn the meeting. Ralph Lutes seconded the motion. Motion passed. (Unan.)

The meeting was adjourned at 8:37 p.m.