MINUTES
REGULAR MEETING
December 10, 2013
4:30 PM
CITY OF HURSTBOURNE
304 WHITTINGTON PARKWAY / SUITE 100
LOUISVILLE, KY
Mayor Bob English called the meeting to order.
ROLL CALL
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.
PLEDGE
The Pledge of Allegiance was led by Mayor English.
RECOGNITION OF GUESTS
Mr. Don Lawson, Managing Director of Stephens & Lawson, Certified Public Accountants presented the City’s completed audit for 2012-2013. He stated that while there were some slight variations in the line item portions of the budget, each department stayed within the total amount budgeted for that department. There were many streets that were repaved through allocation of nearly the entire Municipal Road Aid Funds. Mr. Lawson said that the City is in good financial position. He offered the Commissioners an opportunity to review the audit and answer any questions that may come up in the future.
Mr. Gene Winters of 9519 Wessex Place, Mr. Norb Hancock of 9503 Wessex Place, and Mr. Sam Salvo of 9420 Wessex Place were present to discuss the proposed development near their complex and the retaining wall which is to be constructed between their complex and the development. Mr. Winters said he was contacted by a representative of the developer, and from that conversation he became concerned that they may be planning to construct the wall immediately adjacent to Wessex Place properties rather than on the other side of the berm closer to the development. He presented a copy of a plan which seemed to support that conclusion. However, Attorney Singler assured him that no such plan has been presented to the Hurstbourne Commission which has final approval on the matter. Mr. Hancock said he is also concerned about what may be proposed and thanked the Commission for “having their backs.” To a question from Mr. Salvo as to whether the wall might eventually be extended into the last lot, Attorney Singler explained that when that lot is developed the wall will only extend to the dead end portion of Wessex Place as other adjacent lots were not re-zoned where the applicable binding elements apply.
APPROVAL OF MINUTES
Commissioner Dahlem made the motion to approve the minutes of the November 26, 2013 regular meeting of the City Commission; his motion was seconded by Commissioner Wagner. Motion carried.
TREASURER’S REPORT – Treasurer Bennett
No report.
BUSINESS ITEMS
Attorney Singler presented a copy of the General Development Plan and Binding Elements for the proposed Oxmoor Farms Development. There was discussion and questions about this, including the timeline for various steps that might be taken by the developer and the City.
Attorney Singler reported on a recent lawsuit involving a car wreck in the City. This matter will be referred to the insurance department of the Kentucky League of Cities.
ATTORNEY’S REPORT – Attorney Singler
No other report.
ADMINISTRATOR’S REPORT – C.A.O. Leidgen
Commissioner Dahlem reminded C.A.O. Leidgen to set up a meeting of the Finance Committee.
MAYOR’S REPORT – Mayor English
No report.
GENERAL GOVERNMENT REPORT – Commissioner Dahlem
Commissioner Dahlem reported that he and C.A.O. Leidgen had met with David Nicklies, President of Nicklies Development, about issues associated with the sound barrier wall to be constructed adjacent to I-64 near Hurstbourne Parkway. A proposed letter of understanding that was to be sent to Mr. Nicklies was presented to the Commission for suggestions. After a few changes were made, the letter states in part that 1) “Within 90 days of this letter, the Bullitt Trusts will send a letter to the Transportation Cabinet, in response to the attached May 22nd, 2013 letter from Will Fogle, Deputy Executive Director, KYTC, Office of Legal Services (Exhibit Two); that it is the official position of the Bullitt Trusts that the construction of the sound barrier wall adjacent to I-64, on the state right of way, in front of the approximately ten (10) acre tract transferred to the State by the trusts in 1968, would not be breach of the restricted covenant stating that said property shall be used as a “wooded areas of highway beautification and for no other purposes.” And 2) “The Bullitt Trusts will direct its development consultant to work with the City of Hurstbourne to find a street connection design that meets the needs of all parties at the inception of any and all development plans and approvals process.”
Commissioner Dahlem also presented Municipal Order 13-34, A Municipal Order Relating to the Bunsen Parkway Extender and the Blowing Tree Road Extension. The City has a requirement that any such action must be presented at one meeting before a vote at a following meeting unless that requirement is waived by the Commission. Since Nicklies is to be meeting with the Bullitt Trusts on December 11, Commissioner Dahlem made the motion that this requirement be waived in this instance. His motion was seconded by Commissioner Wagner. Motion carried.
Commissioner Dahlem then made the motion that the amended letter be sent to Nicklies Development. His motion was seconded by Commissioner Jackson. Motion carried.
Commissioner Dahlem then made the motion to approve MO 13-34 but that the MO will not be valid until Mayor English signs it, and it is not to be signed until the requirements in the letter are met; his motion was seconded by Commissioner Wagner. Motion carried.
PUBLIC SAFETY REPORT – Commissioner Hubbuch
No report.
CODE ENFORCEMENT/SANITATION REPORT – Commissioner Jackson
Commissioner Jackson said he is still looking at other sites for a City Hall building and will report on that in the near future.
PUBLIC WORKS – Commissioner Wagner
No report
Commissioner Dahlem made the motion that the second Commission meeting scheduled for December 24 be cancelled. His motion was seconded by Commissioner Wagner. Motion carried.
ADJOURNMENT
At 6:25 p.m. Commissioner Dahlem made the motion to adjourn; his motion was seconded by Commissioner Jackson. Motion carried.