December 13, 2016
Mayor Mary Schneider called the meeting to order.
C.A.O. Leidgen conducted the roll call.  A quorum of the Commission was present.
Present: Mary Schneider, Mayor
Earl Hubbuch, Commissioner
Ben Jackson, Commissioner
Rusty Wells, Commissioner
Lois Wagner, Commissioner
Present: John Singler, City Attorney
Chris Crumpton, City Engineer
The Pledge of Allegiance was led by Mayor Schneider.
Mr. Marv Blomquist, Mr. Bryan Hulst, Ms. Erica Hodge and Mr. Drew Cox were present to discuss concerns expressed by the Board of Directors of Wessex Place Homeowners’ Association about the apartment complex being constructed adjacent to their property and behind Panera Bread.  Those concerns included the number of parking spaces, height of the poles and lights at the parking lot, the up lights on the sign at the front of the building, and the hallway lights that are also shining onto Wessex Place.  Mr. Blomquist stated that the number of parking spaces is within the requirements, and the actual number required won’t be known until the complex is filled with residents.  The lighting issues will also be looked at further after residents have moved in since the appearance will change after additional lighting is generated by those units.  Attorney Singler suggested the lighting requirements of the Binding Elements be researched; noted that a certification is required by an engineer that they are in compliance with the lighting requirements and standards in the Land Development Code; and said there is a maximum lumen limit at the property line.  Mr. Blomquist said there was a discrepancy in the Binding Elements regarding the height of the poles in the parking lot.
Mr. Gene Winters of 9519 Wessex Place explained that in 2011 the Wessex Place Homeowners’ Association hired an attorney to help protect them for any development at this specific location.  Over about a year’s time, they negotiated Binding Elements that would affect the lots adjacent to their property.  He distributed copies of the Binding Elements, and specifically expressed concern about:
No. 25 (outdoor activity) – States there shall be no loading or unloading etc. between 7:00 p.m. – 7:00 a.m.  Mr. Winters said there is continual violation of this, with the latest violation taking place on December 10 at 5:50 a.m. with the dumpster being emptied on Lot 1-A.
No. 31 – States no light poles on Lots 1 and 2 shall exceed 14 feet in height.  Mr. Winters said the 14 foot poles sit on 3 foot pedestals and the total height is higher than the 10 foot barrier fence by several feet. He also stated that 28 foot poles are not allowed in this area.
No. 33 – States no building mounted signs on lots 1 and 2 shall be installed facing the abutting R-7 residential property.  Mr. Winters stated that these are signs that are 15 feet 9 inches tall and are lighted and have a negative impact on their neighborhood and on the property values.  Mr. Winters disagreed with Mr. Blomquist who stated that this sign is on lot 3.
No. 38 – States roof-top mechanical equipment on Lots 1 & 2 shall be screened from the R-7 residential property, and Mr. Winters said he can see the air conditioning units on top which is an obvious violation.
Mr. Winters said they are asking for help from the Hurstbourne Commission to hold the developer accountable for what they agreed to in 2011.  He suggested that motion lights be installed or that the existing lights be turned away from their complex.
Mayor Schneider requested that Mr. Blomquist come back after construction is complete, and no later than April 1, 2017 to address the expressed concerns at that time.  Attorney Singler reiterated that the sign was approved in the initial plans. Mayor Schneider then suggested that the developer should try to alleviate some of the lighting concerns by softening the light where possible.
Separate from the development concerns, Mr. Winters also stated there are speeders in their complex and asked about the possibility of speed humps.  C.A.O. Leidgen said that he will give him a copy of the city’s ordinance pertaining to installation of speed humps.
Commissioner Hubbuch made a motion to approve the minutes of the regular meeting of November 8, 2016; his motion was seconded by Commissioner Wells.  Motion carried unanimously.  It was also noted that the previously scheduled November 22, 2016 Commission meeting had been cancelled.
Municipal Order 16-21 Relating to Check Register Approvals for October, 2016.  Commissioner Jackson made the motion to approve MO 16-21; his motion was seconded by Commissioner Wells.  Motion carried unanimously.
Since the various departments will be assigned to commissioners in January, Mayor Schneider recommended that all commissioners bring their preference to that meeting.  Commissioner Hubbuch said he thought it would be better that motions followed by a discussion and vote for each department take place.  Mayor Schneider said she did not think that the department heads should be pre-determined and that everyone should have an equal chance for a position he/she might be interested in.  No decision was made and will be determined at the first meeting in January.
The annual Christmas dinner will be on December 22 at 6:30 p.m. and all dinner requests should be turned in as soon as possible.
PUBLIC WORKS REPORT – Commissioner Wells
Commissioner Wells reported that the City is still waiting on MSD to discuss implementation and funding options for drainage improvements.  There was discussion about how the budgeted amount could be saved for use in future years.
The discussion regarding Cadogan Creek straightening will be scheduled with Joe Exley.
The street paving has been completed.
There was discussion about the possible sidewalk construction or bike/walking lanes on Nottingham near Lowe Middle school.
Commissioner Wells then made the motion that the Commission go into Executive Session based on KRS 61.810(1)(b) pertaining to the possible acquisition or sale of real property.  His motion was seconded by Commissioner Hubbuch; motion carried unanimously.
On their return from executive session, Commissioner Wagner made the motion that the Commission go back into regular session.  Her motion was seconded by Commissioner Hubbuch; motion carried unanimously.  No action had been taken while the Commission was in executive session.
Commissioner Wells, who will not be serving next term, thanked everyone for their help and support over the past two years.  He said there have been many accomplishments and it has been an enjoyable time for him.  Commissioner Wells in turned was thanked by the Commission for the hard work and dedication he has shown during his term of office.
PUBLIC SAFETY – Commissioner Hubbuch
All of the crosswalks have been painted.
The police report for November indicates there had been one car break-in in the City.  This had not been reported to Hurstbourne, and Commissioner Hubbuch again stressed that residents should always report incidents to the police so a report will be taken and then call the City.
Commissioner Hubbuch and C.A.O. Leidgen emphasized that packages left on residents’ front porches should be taken inside as soon as possible to prevent theft.
Commissioner Jackson said a certificate of deposit will be maturing soon, and he suggested it be renewed for a short term since rates may be changing in the next few months.
After a summary regarding the topic of setting a video surveillance policy was given by Attorney Singler, followed by a brief discussion, it was requested that Mr. Singler and C.A.O. Leidgen follow up on the matter and check into additional costs involved with adding remote off-site monitoring capabilities to the video camera system.
No report.
ATTORNEY’S REPORT – Attorney Singler
Attorney Singler distributed a document to be signed by the newly elected Commissioners.  Earl Hubbuch, Ben Jackson, Lois Wagner, and Norb Hancock then took the Oath of Office from Attorney Singler.
TREASURER’S REPORT – Treasurer Bennett
The Treasurer’s financial statements were included in the packet of information given to the Commissioners.
CITY ENGINEER – Engineer Crumpton
No report.
C.A.O. Leidgen distributed the C.A.O. Management Report.  The report included information regarding the status of the Linn Station entrance project, cleaning of water mains in the City by the Water Company and LG&E installation of a gas pipeline to some Laughton Lane homes.  He also prepared and distributed a Standard Operating Procedure (S.O.P.) Manual organized by department and asked the Commissioners review the document and give feedback.
Commissioner Hubbuch made the motion to adjourn at 6:30 p.m.  His motion was seconded by Commissioner Jackson.  Motion carried unanimously.
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    Mary Schneider, Mayor        James E. Leidgen, City Clerk