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Commission Meeting

Tuesday, February 28, 2012
February 28, 2012

February 28, 2012
4:30 PM


Mayor Bob English called the meeting to order.

C.A.O. Jim Leidgen conducted the roll call. Present were: Mayor Bob English; Commissioners Ed Dahlem, Dick Hays, Earl Hubbuch, and Lois Wagner; Attorney John Singler; and Treasurer Bill Bennett. Mr. Leidgen determined that a quorum was present.

The Pledge of Allegiance was led by Mayor English.

 Lewis Robinson of New Horizons Demolition and Aaron Thompson of Evergreen Real Estate

 Dennis Cayot of 1008 Colonel Anderson Parkway

 Rusty Wells of 503 Croydon Court

 Louisville Metro Councilmember Jon Ackerson

Commissioner Wagner made the motion to approve as distributed the minutes of the February 14, 2012 regular meeting of the City Commission; her motion was seconded by Commissioner Hays. Motion carried.

 Municipal Order 12-10 Relating to Check Register Approvals for January 2012. Commissioner Hays made the motion to approve MO 12-10; his motion was seconded by Mayor English. Motion carried.

ATTORNEY’S REPORT – Attorney Singler
 Municipal Order 12-11, a Municipal Order Relating to the Approval of a Demolition Permit for
420 South Hurstbourne Parkway; 500 South Hurstbourne Parkway; and 9502 Williamsburg Plaza. This MO approves the demolition permit by the City of Hurstbourne subject to full compliance with: (a) All the conditions imposed by the Letter of JHS Vinings, LLC, dated January 10, 2012 and its attachments; (2) The conditions imposed by the Wrecking Permit issued by the Department of Code and Regulations; and (c) The Demolition Erosion Prevention and Sediment Control Certificate issued by MSD. After discussion Commissioner Dahlem made the motion to approve MO 12-11; his motion was seconded by Commissioner Hays. Motion carried. 

Attorney Singler explained that the Binding Elements on this property state that roadway improvements on Whittington Parkway must be made before work is begun on Phase 2. Mr. Aaron Thompson explained that they would like to submit a revised plan showing that the building where the restaurant was located may be used again as a restaurant and therefore any work done on that building should not trigger the necessity for Whittington improvements. They don’t want to be in a position, if the building is torn down and then rebuilt, that they would be required to fund the roadway improvements. They could present a traffic study showing why the roadway improvements might not be needed. Attorney Singler explained that they would first go through Planning and Zoning for approval before it would be necessary for this to be addressed by the Hurstbourne Commission.

 Louisville Metro Council Member Jon Ackerson presented a check for $15,000 from his contingency
fund to be used toward the cost of the recently completed ADA ramps and sidewalk project. He explained that the remaining $15,000 will be given when the final bill is presented to the City. He asked the Commission to be considering a similar project which he can present in the next budget for the fiscal year beginning July 1, 2012.

 At the last Commission meeting, Ordinance # 12-01 had been tabled until this meeting. At that time,
the question was asked whether Hurstbourne could deviate from Metro Louisville’s ABC ordinance and not allow licenses between 2:00-4:00 a.m., and Attorney Singler said it is possible to do that. He then gave second reading by summary to Ordinance # 12-01, An Ordinance Repealing and Replacing Codified Section 111.03 of the City of Hurstbourne Codified Ordinances Pertaining to License Fees. After discussion, Commissioner Hubbuch made the motion to adopt Ordinance # 12-01 with proposed change; his motion was seconded by Mayor English. Mayor English called for a roll call vote – Commissioners Wagner, Hays, Dahlem, and Hubbuch and Mayor English all voted aye. Ordinance # 12-01 was passed and thereby enacted 5-0.

TREASURER’S REPORT – Treasurer Bennett
 No report.

 C.A.O. Leidgen mentioned the City’s Service Request-Call Traffic Log which had been given to the Commissioners.

 C.A.O. Leidgen said that the premium for the city’s health and dental insurance for employees has dropped about $40 per month per employee. He had also obtained quotes for a $30,000 term life insurance (with decreasing benefits depending on the age of the individual) for city employees, including the Commissioners and City Treasurer. The lowest quote he had received was approximately $4,000 per year. After discussion, Commissioner Hays made the motion to accept this bid. His motion died for lack of a second.

MAYOR’S REPORT – Mayor English
 No report.

PUBLIC WORKS REPORT – Commissioner Wagner
 Commissioner Wagner reported that the next community-wide yard sale and picnic will be in June, with the exact date to be announced later.

 Commissioner Wagner and City Engineer Chris Crumpton are working to finalize the ADA sidewalks and ramps project.

 Commissioner Dahlem and C.A.O. Leidgen performed a cash-flow analysis and determined that it will not be necessary to cash in any of the investments at this time.

 Commissioner Dahlem reported that at least two 10’ sections of the barrier fence in the common area
along Linn Station Road need to be replaced. It had been determined in earlier meetings that the Commission would repair the portion of the fence that is in common area. He made the motion the Commission instruct C.A.O. Leidgen to get that portion of the fence repaired; his motion was seconded by Commissioner Hubbuch. Motion carried.

 Commissioner Dahlem referred to the vacant financial position in the City Office. He said that the
Committee would like to recommend this be a contracted position rather than an employee position it has been in the past. Attorney Singler went over the terms of the proposed contract. Commissioner Dahlem made the motion that the City offer this contract-basis position to handle the City’s accounting role to Trisha Sikkema, who has been working in Treasurer Bennett’s office. His motion was seconded by Commissioner Hays. There was discussion about the way the Committee went about this process and it was suggested that Mayor English, Commissioner Dahlem, Treasurer Bennett, and C.A.O. Leidgen work through any potential issues and come back to the City with a proposed contract agreement. Commissioner Dahlem stated that he would like to withdraw his motion at this time. Commissioner Hays, who had seconded the motion, agreed to the withdrawal of the motion.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
 Commissioner Hubbuch said he is trying to schedule Chief Rakestraw of the Lyndon Fire Department to attend a City Commission meeting.

 The Junk Pick-up date is scheduled for Saturday, April 14.

Commissioner Hays made the motion that the Commission go into Executive Session pursuant to KRS 61.810(C) for discussion of pending litigation. His motion was seconded by Commissioner Wagner. Motion carried.

On their return from Executive Session, Commissioner Dahlem made the motion that the Commission come out of Executive Session and return to the Regular meeting of the Commission. His motion was seconded by Commissioner Hubbuch. Motion carried.


Mayor English reported that in Executive Session the Commission discussed pending litigation and that no action had been taken.

Commissioner Hubbuch then made the motion to reject the settlement proposal in pending litigation (Case 11-Cl-01491); but to authorize Attorney Singler to present a counter-offer. His motion was seconded by Mayor English and the vote in favor was unanimous.

At 6:05 p.m. Commissioner Dahlem made the motion to adjourn; his motion was seconded by Mayor English. Motion carried.