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Commission Meeting

Tuesday, February 26, 2013
February 26, 2013

February 26, 2013
4:30 PM

Mayor Bob English called the meeting to order.

C.A.O. Leidgen conducted the roll call. Present were: Mayor Bob English; Commissioners Ed Dahlem, Earl Hubbuch, and Ben Jackson; Attorney John Singler; Treasurer Bill Bennett; and C.A.O. Jim Leidgen. Commissioner Wagner was not in attendance. A quorum of the Commission was present.

The Pledge of Allegiance was led by Mayor English.

City Engineer Chris Crumpton

Attorney Bill Bardenwerper, Kevin Young of Land Design and Development, and Colin Underhill, representing Todd Blue, Chairman and CEO of Blue, Ltd., were present to discuss the potential development of the property facing Hurstbourne Lane that was formerly the Lone Star Steakhouse. Any plans must first go to the Board of Zoning Adjustment, then to the Development Review Committee, and back to the City of Hurstbourne for final approval. There is a general district development plan which applies to the entire site previously planned for a Vinings development, including this property. As development is proposed, a detailed development plan must be submitted for approval, and Binding Elements placed on this property would have to be modified. Variances would be required: 1) to exceed the maximum 15’ front yard set-back; 2) to allow the existing paved area to encroach in the 5’ rear yard; and 3) to allow the existing paved area and proposed building to encroach into the required 100’ Type B Stream Buffer. They will come back to the Hurstbourne Commission after they have received the required approval of Louisville Metro.

Attorney Bardenwerper also spoke to the Commission about the concern some of the businesses on Blairwood Road have about the lack of visibility and access from Hurstbourne Lane. He asked if during the construction process on Hurstbourne Lane some type of city signage might be constructed that would identify those businesses. It might also be advantageous to have the name of Caritas Way changed to Blairwood Road. C.A.O. Leidgen and Engineer Crumpton said another possibility would be to change the name of the short access road off of Hurstbourne Lane to Blairwood Access. The Commission will discuss this for possible action in the future.

Mr. Gil Delgado of 8200 Salford Way and builder Mike Branca were present to discuss their proposal to add a two-car attached garage on Mr. Delgado’s property. Commissioner Jackson described the location of the proposed garage on the lot and the relationship to the homes and garages of the neighbors. Mr. Jackson had asked Mr. Delgado to get approval from his neighbors, which he did except for one home which is vacant. After discussion, Commissioner Jackson made the motion that the Commission approve Mr. Delgado’s request to construct the attached garage according to the plans he submitted and also allow him to enlarge the garage if he is able to obtain MSD waiver on their easement; his motion was seconded by Commissioner Hubbuch. Motion carried.

Commissioner Jackson made the motion to approve as distributed the minutes of the February 12, 2013 regular meeting of the City Commission; his motion was seconded by Mayor English. During discussion, Commissioner Hubbuch referred to a statement he had made before voting on the landscaping contract at that meeting. He asked that the following statement be included in the minutes of the February 26 meeting. “Commissioner Hubbuch voted for approval of the contract with Bramer Brothers based on the assurance by the Commission that this contract and all future contracts will include a provision that the contractor will only employ in Hurstbourne City projects USA citizens or employees who have certified Federal documents. Exact wording to be determined by Attorney Singler.” Mayor English again expressed concern that only two contractors bid on the landscaping project. C.A.O. Leidgen and Attorney Singler stated that in the future there will be a more standardized way of determining the successful bidder through experience, references and other objective criteria. Motion to approve the February 12 minutes carried.

Municipal Order 13-14 Relating to Check Register Approvals for January 2013. Commissioner
Hubbuch made the motion to approve MO 13-14; his motion was seconded by Commissioner Jackson. Motion carried.

ATTORNEY’S REPORT – Attorney Singler
Attorney Singler gave second reading by summary to Ordinance 13-01, Series 2013, Amendments to the Business License Fee Ordinance 11-07, Series 2007. After discussion, Commissioner Hubbuch made the motion to approve second reading and approval of Ordinance 13-01. His motion was seconded by Mayor English. Mayor English called for a roll call vote – Commissioners Hubbuch, Dahlem, and Jackson and Mayor English voted yea. Ordinance 13-01 was thereby enacted 4-0.

Attorney Singler presented Ordinance 13-02, Series 2013, An Ordinance relating to Driveway Aprons. This ordinance amends various city ordinances dealing with standard for contractors to follow when making changes to any City right-of-way or street. During discussion, Section 5 was changed to read “No new installation or replacement of any temporary or permanent humps, bumps, ramps or any other structure in the City’s curb and gutter shall be allowed . . . .” After discussion, Commissioner Dahlem made the motion to approve introduction and first reading of Ordinance 13-02, Series 2013. His motion was seconded by Commissioner Hubbuch. Motion carried.

TREASURER’S REPORT – Treasurer Bennett
Treasurer Bennett gave the City’s financial report for the month of January 2013.

C.A.O. Leidgen presented the Call Traffic Log.

C.A.O Leidgen presented the Traffic Activity/Crime Incident Report. He noted that the number of crime incidents has decreased each of the past two months.

Commissioner Dahlem expressed his concern that Metro Police are giving citations or warnings to those individuals who deliver the daily newspaper in Hurstbourne for driving on the wrong side of the street early in the morning when there are very few motorists. He said that while the driver may not be abiding by certain laws, those laws make no sense in this situation. After discussion, Attorney Singler said he would research state statutes to see if anything could be done in this specific circumstance.

C.A.O. Leidgen distributed three samples of the format for the next edition of the next City directory. It will include a map and will have an alphabetical listing of residents as well as a listing by streets. After discussion and after the format was selected, Commissioner Hubbuch made the motion to authorize C.A.O. Leidgen to proceed with the publication of the City directory; his motion was seconded by Commissioner Jackson. Motion carried.

Regarding the notice to be sent to residents about notifying their insurance companies that the premium tax should be sent to the City of Hurstbourne, C.A.O. Leidgen said the notice and a sticker will be included in the next Hurstbourne Herald.

MAYOR’S REPORT – Mayor English
No report.

No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
Commissioner Hubbuch said he has received many questions from residents as to when the Hurstbourne Herald would be published and why there are not more issues. He suggested that the Commission consider adopting a guideline for when this newsletter will be published and mailed to each resident at least three times per year. C.A.O. Leidgen also recommended that the city embrace technology and send the newsletter by e-mail to those residents who provide their e-mail address. Commissioner Jackson and C.A.O. Leidgen also wondered if there would be enough information to send to residents if the newsletter is sent out too often. Commissioner Hubbuch made the motion to send out the newsletter three times a year; his motion was seconded by Commissioner Jackson. Motion carried.

Commissioner Hubbuch referred to the recent article in the Louisville Courier Journal about the number of coyotes that have been spotted in Jefferson County.

In reference to Commissioner Hubbuch’s request that a letter be sent to Joe Magana informing him that the Commission received his letter, C.A.O. Leidgen reported Mr. Magana has been informed and he is satisfied with the response.


Commissioner Jackson reported a gentleman on Sheffield had previously requested he be allowed to put a gate on his driveway. He has installed a gate that is closer to the front and out of proportion to what was originally approved. He has now requested approval of the gate and Mr. Jackson suggested that the new request be denied. He can either remove the gate or put it where it was originally approved or he can appeal to the City’s Code Enforcement Board. C.A.O. Leidgen agreed that the gate is a clear violation of the original approval. After further discussion, Commissioner Jackson made the motion that the Commission deny this request and reapplication. His motion was seconded by Mayor English. Motion carried.

Commissioner Jackson made a suggestion at the last meeting that a group of realtors and other individuals be invited to attend a focus meeting to determine what they perceive as positives or negatives for living in Hurstbourne as well as in other neighborhoods. He made the motion that the Commission form, organize, communicate, manage and hold Focus Group meetings for the purpose of understanding the strengths and weaknesses of living in the City of Hurstbourne as perceived by realtors and relocation companies relative to living in other areas of Louisville. His motion was seconded by Commissioner Hubbuch. Motion carried. Commissioner Jackson said that with the help of C.A.O. Leidgen and staff he would be glad to spearhead these Focus Group meetings. The information that is gathered would be beneficial for marketing and public relations for the City and would be brought to the Commission for any further action.

Commissioner Jackson again referred to the amount the City of Hurstbourne pays for the rental of the space used for City Hall. As there are two years left on the existing lease, he felt this is the perfect time to begin the process of looking at constructing a City Hall building. He made the motion that a committee begin looking at the feasibility of building a City Hall versus continuing to lease space at $39,000 per year. His motion was seconded by Commissioner Hubbuch. During discussion, it was reiterated that this idea has been brought up before and the decision was made to not pursue that plan. Commissioner Jackson said that now may be the right time to make that decision. Motion carried.

Commissioner Jackson said he will look into any possible Federal funds for improving or beginning green spaces in the City. He will bring the results back to the Commission.


At 7:10 p.m. Commissioner Jackson made the motion to adjourn; his motion was seconded by Commissioner Hubbuch. Motion carried.