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Commission Meeting

Tuesday, February 11, 2014
February 11, 2014

February 11, 2014
4:30 PM


C.A.O. Jim Leidgen call the meeting to order in the absence of Mayor Bob English and Mayor Pro Tem Ted Dahlem.


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

Commissioner Wagner made the motion that Commissioner Jackson act as Mayor Pro Tem for the meeting; her motion was seconded by Commissioner Hubbuch. Motion carried.

Commissioner Jackson began as Chair of the meeting.


The Pledge of Allegiance was led by Commissioner Jackson.


Mr. Aaron Thompson of 11411 Park Road, representing JHS Vinings; Mr. Brian Evans of 320 Whittington Parkway, Suite 304; and Mr. James Gonda, PE, of 503 Washburn Avenue, representing Land Design & Development, Inc. were present to answer any questions the Commission might have pertaining to their plan for a Panera Bread restaurant, and specifically about the construction of an adjacent sound barrier wall. Mr. Thompson distributed copies of the proposed new layout, and City Engineer Chris Crumpton said they have basically agreed to all of the recommendations that were made at the last meeting. Most of the trees will be preserved, although some will have to be trimmed back. The wall will have a stamped design on both sides, and there is a choice of many colors from which to select. The Commission explained that they did not wish to vote on this issue until all members are present, and it is possible a Special Meeting may be called to deal with the matter. Attorney Singler distributed a draft of a municipal order relating to the approval of a detailed Development Plan and related Binding Elements for the Commission to study before the next Commission meeting.

Attorney Steve Porter of 2406 Tucker Station Road who represents Wessex Place, and Mike Davidson of the Board of Directors at Wessex Place, were also in attendance. Attorney Porter said he appreciated the Commission’s efforts and understands that there are details to be worked out. Mr. Davidson asked that someone on their Board be notified if a Special Meeting is called regarding this matter. To a question from Mr. Davidson, Attorney Singler said the second phase of the wall construction must be completed within thirty (30) months of a Certificate of Occupancy.

To a question from Commissioner Hubbuch, Mr. Thompson said that the Granite City proposal is in limbo at this time and the Maserati dealership is still under contract.


Commissioner Hubbuch made the motion to approve the Minutes of the January 28, 2014 regular meeting of the Commission after a minor correction is made to those minutes. His motion was seconded by Commissioner Jackson. Motion carried.

TREASURER’S REPORT – Treasurer Bennett

No report.


Ordinance # 14-01, Series 2014, An Ordinance Amending the Allowable Penalties for the Code Enforcement Board was placed on the table and given second reading by summary by Attorney Singler. This ordinance gives the Code Enforcement Board the discretion to find that each day of non-compliance will constitute the imposition of another fine for each day’s violation, up to a maximum of $1,000 for first violation, $2,000 for second violation and $3,000 for third violation. Commissioner Hubbuch made the motion to approve second reading and passage of Ordinance # 14-01; his motion was seconded by Commissioner Wagner. Commissioner Jackson called for a roll call vote: Commissioners Hubbuch, Wagner, and Jackson voted yea. Ordinance # 14-01 was thereby enacted 3-0.

Ordinance # 14-02, Series 2014, An Ordinance Approving the Extension of the Franchise Agreement for Community Antennae Television (CATV) Services of Insight Kentucky Partners in L.P. and Including Provisions for Insurance Reports, and Records, Consumer Practices, Consumer Protection Measures, Construction, and Construction-Related Practices, Franchise Fees, and Operation Procedures, and Health, Safety, and Welfare Measures, was placed on the table for discussion. Attorney Singler gave first reading of this ordinance by summary and explained that Hurstbourne is not a member of the Jefferson County Cable Commission and therefore must negotiate separately with the cable company. This ordinance extends the current franchise and basically keeps the same terms and conditions of the previous franchise. Commissioner Hubbuch made the motion to approve first reading of Ordinance # 14-02; his motion was seconded by Commissioner Wagner. Motion carried.

ATTORNEY’S REPORT – Attorney Singler

It is time to renew terms for members of the Code Enforcement Board. After discussion, the motion was made to renew all applicable members of the board. Commissioner Hubbuch made the motion to approve these new terms; his motion was seconded by Commissioner Jackson. Motion carried.

Attorney Singler brought the Commission up-to-date on various ordinance violations.





C.A.O. Leidgen reported that because of the unusual winter, the snow removal budget has far exceeded the budgeted amount, and more funds may be needed in that area in the future. He said he and the City Accountant are trying to identify areas where expenditures could be cut back and asked stated that he would meet with each Commissioner to discuss their individual budgets. He also said that some non-essential projects and other expenses may have to be suspended until the next fiscal year.

C.A.O. Leidgen reported that for the next three Fridays, Rumpke will pick up all of the debris that is taken to the curb. Logs and limbs should be cut in lengths that are no longer than 4 feet.

MAYOR’S REPORT – Mayor English

No report.


No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch

No report.


Commissioner Jackson reported that no further work or action has been taken regarding a new City Hall building.

Commissioner Jackson also reported that he and C.A.O. Leidgen met with officials of BB&T Bank in an effort to reduce fees they have been charging and to minimize exposure the City might have.

PUBLIC WORKS – Commissioner Wagner

No report.


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