August 13, 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; 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.

Attorney Bill Bardenwerper, Chris Burkle, and Scott Brinkman were present to discuss the revised
Development Plan and modifications to the Conditional Use Permit for Blairwood Tennis, Swim, and Fitness Club. They went over the proposed changes, including the plans for the building addition and the construction of a bubble over one of their pools. Attorney Singler presented Municipal Order 13-27 Relating to the Approval of a Detailed Development Plan on Property Located at 9300 Blairwood Road; Being in the City of Hurstbourne (Case Number 13DEVPLAN1051). After discussion Commissioner Hubbuch made the motion to approve MO 13-27; his motion was seconded by Commissioner Jackson. Motion carried.

In response to a question from Commissioner Jackson, Attorney Bardenwerper, who also represents the developers for the proposed Maserati dealership, reported that those plans are still moving forward.

Mr. Stephen Rusie, Land Use Planner with Dunaway Engineering, and Mr. Tim Campbell, Manager of Real Estate for Granite City Restaurants, were present to discuss their proposal for a 10,511 square foot restaurant brewery with a 1,267 square foot patio to be constructed on the Vinings property. The planned opening date is February 2014. The Planning Commission Development Review Committee and the Board of Zoning Adjustment have already made their recommendations for this project. Mr. Campbell advised that space is required for trucks that will be delivering water. City Engineer Chris Crumpton reported that there has been discussion with the architect for the proposed Panera Bread restaurant regarding access to the entrances. Commissioner Hubbuch expressed concern about the level of noise that might emanate from the outdoor patio. He also asked if Granite City would share in the cost of the lights which were recently installed in that area and was told they will look into that. Attorney Singler presented 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).
It includes eight additional binding elements approved by the Planning Commission and one additional binding element approved by the Hurstbourne City Commission. After discussion, it was decided to postpone the vote on this municipal order until the next Commission meeting in order to give the Commissioners more time to study the matter. Mr. Campbell said that the opening date would have to be pushed back if they don’t have a permit by the end of the month. Attorney Singer asked the Commissioners to get any issues or concerns to C.A.O. Leidgen in advance of the next meeting in order that everyone is prepared to act at the next Commission meeting.

Mr. Brian Evans of Jefferson Development Group presented preliminary plans to construct a Panera
Bread Restaurant on the Vinings Property. This will be presented to the Commission in further detail after it has been presented to the Planning Commission.

Commissioner Wagner made the motion to approve the minutes of the July 23, 2013 regular meeting of the City Commission. Her motion was seconded by Mayor English. Motion carried.

Commissioner Jackson presented a Resolution and Agreement for Deposit Account which requires the signatures of all individuals who are authorized to sign checks on that account, including Commissioner Jackson’s. Commissioner Hubbuch made the motion to approve the resolution which includes the authorized signatures; his motion was seconded by Mayor English. Motion carried.

Attorney Singler and City Engineer Chris Crumpton explained that after research they recommend the City award the ADA Sidewalk Improvement Project, Phase III based upon a the ability to “piggyback” on Louisville Metro the public bid process for their annual Louisville-Metro sidewalk project. Attorney Singler presented Municipal Order 13-26 Relating to Accepting the Lowest and Best Bid for Construction of a Sidewalk Improvement Project. He also distributed copies of the specifications which were used to bid the project. This municipal order would approve Lawrence Concrete Design for a contract price of $76,201. Commissioner Hubbuch made the motion to approve MO 13-26; his motion was seconded by Commissioner Wagner. Motion carried.

Engineer Crumpton presented a summary of the bids for the FY 2014 Paving Project. Those bidding
were: MAC Construction $117,067.55; Hall Contracting $119,214.68; Louisville Paving $127,514.92; Riverside Paving $128,750.10; and Gohmann Construction $136,194.94. One of the requirements in the bid package was that the contractor provides a unit price form for subgrade, excavation and repair. MAC Construction had not provided that form and concern was raised as to whether this was a legitimate bid and how much those repairs might cost the City with this contractor. Attorney Singler presented Municipal Order 13-28 Relating to Paving in the City of Hurstbourne for FY 2013. During discussion, Commissioner Hubbuch stated his concern that MAC Construction had not provided the necessary requirements of the bid, and he therefore made the motion to accept the lowest and best bid which would be Hall Contracting. His motion was seconded by Commissioner Wagner. Motion carried.

Commissioner Hubbuch presented Municipal Order 13-24 Approving a Proposal with Eagle Sign &
Design to Upgrade Signage in the City of Hurstbourne (Phase II). This municipal Order authorizes C.A.O. Leidgen to contract with Eagle Sign & Design to provide the required signage, posts, frames and the installation thereof for Phase II of the signage project. The cost of the work will not exceed $19,575 and includes the installation of fifty stop signs, frames, posts and installation at various locations. Commissioner Dahlem made the motion to approve MO 13-24; his motion was seconded by Commissioner Jackson. After a question from Commissioner Wagner regarding specific signs targeting speeders, Commissioner Hubbuch explained that these signs, as previously discussed in Commission meetings, are designed to assist in slowing down speeders. C.A.O. Leidgen and Engineer Crumpton provided the background on this particular sign. Mayor English called for a vote on the motion to approve MO 13-24. Motion carried.

Commissioner Hubbuch presented Municipal Order 13-29 approving a Plan to Further Upgrade
the Entrances of the City of Hurstbourne. He stated that while other entrances in Hurstbourne have been recently upgraded, the Shelbyville Road entrances and others have had very little improvement. Commissioner Wagner said she thought the entrances should fall under Public Works; however, Commissioner Hubbuch said this is a plan for future projects and should come before the entire Commission. The proposed M.O. calls for a study to be completed and the oversight of the project to be supervised by the appropriate Commissioner. After further discussion, Commissioner Hubbuch made the motion to approve MO 13-29 after the first sentence on the last page is amended to read as follows: “The Commission requests the C.A.O. Officer and Public Works Commissioner investigate and prepare a proposal for presentation to the Commission for consideration and approval of the following:” Commissioner Hubbuch’s motion was seconded by Commissioner Jackson. Motion carried.

ATTORNEY’S REPORT – Attorney Singler
Attorney Singler gave an update on current violations on Parkington (foreclosure process will soon begin), Leicester and Linn Station.

C.A.O. Leidgen reported on a meeting he had attended with other officials regarding the sound barrier wall which is proposed to be built along I-64. The current proposal is that the wall be shorter than originally proposed. He will keep the Commission updated on the progress of this project.

A response has been received regarding a claim the City filed with DuPont. Their “Imprelis Claims Resolution Process” centers on a tree in one of the city medians that was damaged by their product a couple of years ago. They have agreed to pay, but the City must sign a release waiving the right to file or participate in any lawsuit related to Imprelis. Attorney Singler will look into this and give his recommendation to the Commission.

Mr. Leidgen met with representatives from Rumpke regarding the number of trash cans that are placed at the street by residents. He felt that many of those residents may not be aware that the City is paying for rear door pickup. He will work with Commissioner Jackson to create a letter to go to those residents.

No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
No report.


To a question from Commissioner Jackson, C.A.O. Leidgen said he has received no response regarding removal of the bushes in the right-of-way on South Lyndon Lane.

Commissioner Jackson said he has talked with Ed Wilson of the Hurstbourne Historical Foundation. Mr. Wilson had earlier stated they would be willing to help fund the planting of dogwoods along the bridle path of Shelbyville Road. However, since they have not received a response from the City they decided to fund another project. C.A.O. Leidgen stated that he would contact Mr. Wilson to report findings from Commissioner Wagner and City Horticulturist regarding the planting of new trees underneath a large and mature tree stand.

Commissioner Jackson referred to comments made in a prior meeting that the Commissioners should be mutually kind and courteous to each other. He emphasized that this should continue to be customary at Commission meetings.

PUBLIC WORKS REPORT – Commissioner Wagner
No report

At 7:40 p.m. Commissioner Dahlem made the motion to adjourn; his motion was seconded by Mayor English. Motion carried.