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Commission Meeting

Tuesday, September 10, 2013
September 10, 2013

September 10, 2013
4:30 PM

Mayor Bob English called the meeting to order.

C.A.O. Leidgen conducted the roll call. Present were: Mayor English; Commissioners Ed Dahlem, Earl Hubbuch, Ben Jackson, and Lois Wagner; Attorney John Singler; Treasurer Bill Bennett; and C.A.O. Jim Leidgen. A quorum of the Commission was present.

The Pledge of Allegiance was led by Mayor English.

There were no guests in attendance who wished to address the Commission.

Commissioner Dahlem made the motion to approve the minutes of the August 27, 2013 regular meeting of the City Commission. His motion was seconded by Commissioner Hubbuch. Motion carried.

TREASURER’S REPORT – Treasurer Bennett
Treasurer Bennett presented the City’s “Statement of Financial Position” for the month of June 2013. An audit of the City’s finances will begin in the near future. Mr. Bennett also presented the check detail for the month of June and reported that approximately 90% of the ad valorem taxes have been paid.

Municipal Order 13-25, A Municipal Order Relating to the Approval of a Detailed District Development Plan and Related Revision to the General Development Plan and Waivers on Property Located at 420 South Hurstbourne Parkway, Containing 2.68 Acres, Which Property is a Portion (Lot Three) of the Property Previously Rezoned in Planning Commission Case Number 13545; Being in the City of Hurstbourne (Case Number 13DEVPLAN1005) was placed on the table for discussion. Attorney Singler explained that after the last Commission meeting, a representative of Granite City had called and explained that their facility would need to be open until 12:00 a.m. on weekends in order to operate. If the Commission agrees with this, it will be necessary to make a change from the prior approval to Binding Element 13 relating to closing times. Commissioner Hubbuch made the motion to approve MO 13-25 which included those changes; his motion was seconded by Commissioner Dahlem. Motion carried.

Attorney Singler stated that in some Hurstbourne Commission meetings there is difficulty understanding exactly what actions are being taken. Many actions that are conducted by motion should actually be done by municipal order. He presented a Proposal stating, “Actions requiring Commission approval must be evidenced by a detailed Municipal Order. Prior to consideration, any Municipal Order must have had prior review by the C.AO. and the City Attorney for the City for form and language. Further, before action may be taken on any Municipal Order, such drafting and review must be complete in time for the Municipal Order to be numbered and placed in the City Commissioners’ booklets in time for their normal distribution to each Commissioner, prior to the Commission Meeting. The above process may be waived by the Commission in extraordinary circumstances.” Attorney Singler said if the Commission agrees with this proposal that the changed procedure should be adopted in an ordinance. After discussion and suggestions, Mr. Singler said he would work on this for presentation at the next Commission meeting.

Attorney Singler said foreclosure will be filed on the Kaplan property within a few days.

At the August 27 Commission meeting, Attorney Singler had been asked to look into whether the City should sign a release waiving the right to file to participate in any lawsuit relating to Imprelis and DuPont Chemicals in order to receive the funds they are willing to pay for damage done by their chemical product to a tree. He has reviewed this and said that since there was only evidence of one tree that was damaged; his recommendation is to sign the release. Commissioner Hubbuch made the motion to approve the settlement and to sign the release; his motion was seconded by Commissioner Wagner. Motion carried.

Commissioner Hubbuch mentioned that when utility trucks are in the City, most of them put safety cones by the truck as a safety measure; however, most of the lawn-mowing services do not. It was suggested that a letter be given to those that are seen without safety cones recommending that they be placed by the vehicle as a safety measure.

Commissioner Hubbuch said a call had been received from John Aubrey of Kentuckiana Law Enforcement that a trespasser had been seen on the vacant Vinings property. There also have been some cases of individuals who have been loitering in the commercial areas of the City. C.A.O. Leidgen talked with Attorney Bill Bardenwerper regarding the Maserati dealership and was told that there are some permits that have not yet been issued. Engineer Chris Crumpton said there have been delays for various reasons, but it is expected that the permits will all be issued within two weeks and there will soon be activity in that area. C.A.O. Leidgen has also talked with LMPD and they will be more vigilant in their patrol of this area.

Commissioner Hubbuch presented Municipal Order 13-30, A Municipal Order Authorizing the Purchase and Installation of Refurbished Light Fixtures on the Brick Entrance at Williamsburg Plaza and Hurstbourne Parkway. He explained that he had found two large used light fixtures at a Habitat for Humanity Store that could be purchased for less than $500. He contacted an individual who could clean, paint, rewire, install new lenses and install the two fixtures and install bulbs with timers/sensors. The entire project will cost less than $1,500. He explained that they were quality products and they could be installed very quickly. He made the motion to approve MO 13-30; his motion was seconded by Commissioner Jackson. During discussion Commissioner Wagner said she stated that after installation of new lighting at the newly refurbished entrances, there will be a number of old lights leftover that could be used and that this would be an unnecessary purchase. Mayor English expressed his concern that this had not been discussed with Commissioner Wagner (whose department is Public Works) prior to the meeting, and stated that dialogue between the Commissioners is very important. Mayor English called for the vote on Commissioner Hubbuch’s motion to approve MO 13-30. Motion carried.

To a question from Commissioner Jackson, Attorney Singler stated that a letter would be sent to Mr. Hess regarding his violation of the nuisance ordinance in the area of tall grass, weeds and general upkeep of his property and if no response is received this matter may be turned over to the City’s Code Enforcement Board.

C.A.O. Leidgen asked the Commissioners to give him input for the next newsletter prior to the next meeting. He is hoping to have it delivered by the end of October.

MAYOR’S REPORT – Mayor English
To a question from Mayor English, Commissioner Wagner said she needs help at the upcoming picnic, specifically in serving food.

Commissioner Dahlem asked Attorney Singler if he would include a phrase in his ordinance about municipal orders “. . . in the City Commissioners’ booklets in time for their normal distribution to each Commissioner, prior to the Commission Meeting before voting at a following or subsequent meeting.” Commissioner Hubbuch thought this might slow down many actions that need to be taken. Attorney Singler said this could be debated at the next meeting.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
Commissioner Hubbuch referred to the recent newspaper article about the Lyndon Fire Department merging with the Metro Louisville Fire Department, and said this may happen with other departments that are facing financial difficulties.

Mayor English reported that he saw a vehicle running four traffic signs in the City and had the license number but realized the police could not cite the individual as they had not witnessed the incidents. It was suggested that he contact Kentuckiana Law Enforcement with this information so they can be on the lookout for this vehicle.


The next junk pickup day is October 19.

A call from an individual with the Wessex Place Homeowners’ Association expressed his concern about a number of residents not taking care of their properties. Commissioner Jackson and C.A.O. Leidgen had looked at the area in question and did see some minor problems. Mr. Jackson said he will study that specific ordinance and try to determine a reasonable solution.

Commissioner Jackson reported on an incident he witnessed where an individual ran into a mailbox at his home. He called the police and they took a report.

PUBLIC WORKS REPORT - Commissioner Wagner
City Engineer Chris Crumpton reported that all of the paving has been completed.

He also reported the sidewalks project is underway, and he has received several compliments from residents who are pleased that the sidewalks are being constructed.

At 6:30 p.m. Commissioner Hubbuch made the motion to adjourn; his motion was seconded by Mayor English. Motion carried.