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Commission Meeting

Tuesday, January 28, 2014
January 28, 2014

January 28, 2014
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; and C.A.O. Jim Leidgen. Treasurer Bill Bennett was not in attendance. A quorum of the Commission was present.

The Pledge of Allegiance was led by Mayor English.

Mr. Brian Evans of 320 Whittington Parkway, Suite 304, was present to answer any questions the Commission might have pertaining to their plan for construction of a Panera Bread restaurant.

Mr. Gene Winters of Wessex Place stated he had received a drawing of the proposed new location of the wall between their complex and the location for the Panera Bread restaurant. He was concerned that this new location would result in killing or damaging a number of trees.

Mr. Norb Hancock stated his gratitude that the Commission and Panera Bread have been willing to try to work out their concerns.

Commissioner Jackson made the motion to approve the Minutes of the January 14, 2014 regular meeting of the Commission. His motion was seconded by Commissioner Wagner. Motion carried.

TREASURER’S REPORT – Treasurer Bennett
No report.

Municipal Order 14-07 Relating to Check Register Approvals for November-December 2013. Commissioner Dahlem made the motion to approve MO 14-07; his motion was seconded by Commissioner Wagner. Motion carried.

ATTORNEY’S REPORT – Attorney Singler
City Engineer Chris Crumpton and C.A.O. Leidgen had been asked at the last Commission meeting to present options for the location of the wall to be constructed between Wessex Place and the proposed Panera Bread restaurant based on their independent physical review and a number of factors. Mr. Crumpton presented his recommendation and stated there is not a lot of room for consideration of the wall because of utilities, tree locations, manhole covers, and other factors, and said that some trees might have to be sacrificed in order to place the wall in a more favorable location. After discussion, Attorney Singler asked the Commissioners to give him their thoughts on the recommended plan in order to try to work out a solution prior to the next Commission meeting. He will review the Binding Elements and then draft a municipal order approving the Panera Bread construction but filling in the location of the wall at the Commission meeting.

At the last meeting Attorney Singler had presented a draft of Ordinance # 14-01, Series 2014, An Ordinance Amending the Allowable Penalties for the Code enforcement Board. This ordinance states in part “. . . it is within the discretion of the Code enforcement Board to find that each day of non-compliance after said finding will constitute the imposition of another fine for each day’s violation, up to the following maximums. On first violation, the maximum total fine for each person cited is $1,000.00. On second violation, the maximum total fine for each person cited is $2,000.00. On third violation, the maximum total fine for each person cited is $3,000.00.” After discussion, Commissioner Jackson made the motion to approve introduction and first reading of this ordinance by summary. His motion was seconded by Commissioner Hubbuch. Motion carried.

To a question from commissioner Hubbuch, Attorney Singler said he would be going over the city’s ordinances to make sure there are no contradictions in penalties or in other areas. Attorney Singler also reported to the Commission on a number of issues and violations before the City.

C.A.O. Leidgen distributed a copy of an e-mail he had received from another City Clerk requesting Hurstbourne’s support of SB 101. This bill would create a new section of KRS 424 to allow local governments the option of posting required advertisements online in lieu of newspaper publication, as long as one-time advertisements are actually published in the newspaper. This bill could save cities a great deal of money in publication costs. Mr. Leidgen recommended the city support this legislation as the public is rapidly changing how information is disseminated, the Kentucky League of Cities is in favor of the bill, and it would save money in the City budget. He asked the commissioners to contact the State Senators advising them of their support of this bill.

There was further discussion about the proposed change in the classification system for cities in the State.

C.A.O. Leidgen reported that there were many good deeds done by city residents during the recent snow storm. He thought it might be a good idea if the City would keep a list of residents who might offer a service and then provide that list to residents who might need assistance. This list might be for volunteers or might include those who would provide service for a fee. The Commissioners thought this might be helpful to residents, and Mr. Leidgen said he would work on this project.

Mr. Leidgen said the city has already spent all that was budgeted for snow removal. However, he believes the salt supplies will be sufficient if another storm occurs.

Mr. Leidgen reported that he and Commissioner Jackson had met with a representative of the Kentucky League of Cities regarding a possible suggestion for city investments serviced through the League which should give higher yields than what the City is currently receiving. Commissioner Jackson said these investments would be FDIC insured and would involve investments throughout the country. After discussion, C.A.O. Leidgen stated he would look into this further to determine whether the benefits out-weigh the potential liabilities.

MAYOR’S REPORT – Mayor English
No report.

No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
No report.

Commissioner Jackson gave a brief update on his progress regarding the possible purchase of property for a City Hall. He stated that there were five potential locations that included the Hurstbourne park area, 2 locations on Leesgate, Whittington Parkway by N. Hurstbourne and the existing location at 304 Whittington Parkway. He further stated that after careful consideration, the best prospective spots were narrowed down to a couple of locations. After a discussion, Mr. Jackson made a motion to ask the Commission to give him and C.A.O. Leidgen permission to negotiate for the best possible price, terms and conditions on behalf of the City with the understanding that any final agreement and obligations are subject to approval by the full Commission. Motion was seconded by Commissioner Hubbuch. Motion carried.

PUBLIC WORKS – Commissioner Wagner
No report.

At 6:25 p.m. Commissioner Dahlem made the motion to adjourn; his motion was seconded by Commissioner Jackson. Motion carried.