February 12, 2013
4:30 PM

Mayor Bob English called the meeting to order.

C.A.O. Leidgen conducted the roll call. Present were: Mayor Bob English; Commissioners Ed Dahlem, Earl Hubbuch, Ben Jackson, and Lois Wagner; Attorney John Singler; and C.A.O. Jim Leidgen. A quorum of the Commission was present.

The Pledge of Allegiance was led by Mayor English.

Andrea Hanlon, consultant who works with the City’s horticulturist Mark Timmons, spoke later in the meeting.

Commissioner Jackson made the motion to approve as distributed the minutes of the January 22, 2013 regular meeting of the City Commission; his motion was seconded by Commissioner Wagner. Motion carried.


ATTORNEY’S REPORT – Attorney Singler

Attorney Singler presented Ordinance 13-01 Dealing with Amendments to the Business License Fee Ordinance 1107, Series 2007 which included recommended changes discussed at the previous Commission meeting. Commissioner Hubbuch made the motion to approve introduction and first reading of Ordinance 13-01. His motion was seconded by Commissioner Dahlem. Motion carried.

Attorney Singler referred to previous discussion about possible changes to the proposed right-of-way and encroachment ordinance. He asked that this matter be delayed until the next Commission meeting. Commissioner Dahlem questioned whether this ordinance should be amended. C.A.O. Leidgen had talked with attorneys who said that the ADA compliance standards in some instances override city ordinances pertaining to public access, specifically when an area appears to be hazardous. Attorney Singler stated that sidewalks are typically not private property and not within the deed of the homeowner. ADA requirements are for the individual who owns the public way and that individual has the duty to make it accessible. After discussion regarding this, Attorney Singler said he would take the suggestions into consideration and talk with City Engineer Chris Crumpton before he prepares the ordinance for first reading.

TREASURER’S REPORT – Treasurer Bennett
No report

C.A.O. Leidgen said he has been working on a mail piece requesting residents to notify their insurance companies that the City of Hurstbourne (Not Louisville Metro) is the correct local municipality to receive the insurance premium tax. He presented the Commission with two options; a postcard or a letter which would include stickers to be included with a remittance to the insurance companies. After discussion, it was decided that the letter was the best option to use. Commissioner Hubbuch thought the letter should be an insert in the next issue of the Hurstbourne Herald.

Mr. Leidgen stated that Hurstbourne is paying for rear-door trash collection; however, there are residents who continue to take trash cans to the street for pick-up. Some of the cans are owned by the individual while others are owned by Rumpke. A list of addresses that receive curb-side pick-up generated from Rumpke was presented to the Commission. His recommendation was that a letter be written to these residents stating that Rumpke will no longer empty those cans that are placed at the street. Commissioner Hubbuch said there may be reasons why an individual doesn’t want the sanitation workers to be in their back yards. Also, some residents may not have a convenient location at the street to place the cans. It is also possible that some residents may not be aware that the City is paying for rear-door pickup. It was decided that a letter should be sent to those residents advising them of that fact and asking for their cooperation in helping to keep the City neat.

MAYOR’S REPORT – Mayor English
Mayor English commented on the entrance which is being constructed at Lyndon Lane and said this will be a great improvement.

PUBLIC WORKS REPORT – Commissioner Wagner
Bids had been received on a number of projects and Mayor Wagner went through each of them.

Landscaping Gardener Services:
Bids were received from Bramer Brothers, the company which has been doing Hurstbourne’s landscaping for a number of years, and Greenscapes. Although Bramer Brothers’ bid was higher, Commissioner Wagner recommended that the Commission accept their bid because they would be giving the City many more hours of work for their bid than Greenscapes. Commissioner Jackson questioned whether the City would actually receive the additional hours from Bramer Brothers. When called upon, Andrea Hanlon of MTA stated it is not atypical for a contractor to underbid a project and then later state various reasons for abandoning the project. She also said that Bramer has performed superior work for the ten plus years they have worked in the City. It is her opinion that anytime a contractor is changed, where the project is as large as in the City of Hurstbourne, there is a big learning curve. Most contractors have no idea how large the project actually is and the amount of maintenance required. Commissioner Jackson said if the bid specifications were detailed, then Greenscapes should know what is required of them for their bid and there is no reason to believe they can’t do the job for what they bid. He said he could not vote for a bid that is 20% over the low bid. C.A.O. Leidgen stated that, in his opinion, there is more to a company than a low bid price, and the City has never received complaints about Bramer Brothers. Mayor English expressed his concern that only two contractors bid on this contract and said he hopes there will be more when the City again requests bids for landscaping. After further discussion, Commissioner Dahlem said he felt the Commission should listen to the opinion of professionals in this matter. He then made the motion that the Commission pass M.O. 13-10; awarding the landscaping contract to Bramer Brothers. His motion was seconded by Commissioner Wagner. Motion carried 3-2.
• In favor: Commissioners Dahlem, Wagner and Hubbuch
• Opposed: Mayor English and Commissioner Jackson

Commissioner Hubbuch made the motion to accept Commissioner Wagner’s recommendation of the following bids for certain services: M.O. 13-11; Turf Mowing to Pro Turf, M.O. 13-12; Chemical Services to Vaughn’s Landscaping and M.O. 13-13; Irrigation Services to Greenscapes
Commissioner Jackson seconded the motion.

The annual picnic is scheduled for Sunday, June 9 at 6:00 p.m. The concert is scheduled for Sunday, September 15 at 5:00 p.m. City wide Yard Sale – Friday and Saturday, June 7-8.

City Engineer Chris Crumpton distributed copies of the most current set of plans for the widening of Hurstbourne Parkway. He said the City will work with the State’s encroachment department and can begin the process of receiving the encroachment permit.

No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
Commissioner Hubbuch asked if someone is going to send a letter to Joe Magana acknowledging receipt of his letter addressed to the Commission. There was no objection to his suggestion. C.A.O. Leidgen agreed to draft such a response on behalf of the Commission.

Commissioner Hubbuch recommended the following recent and future events be added to the minutes:

• Renovations taking place at Olive Garden restaurant.
• New Panda Express restaurant under construction.
• Blairwood Club starting construction on new outdoor pool.
• Hurstbourne Pkwy. widening, access lane to I-64 and new sidewalks to be completed late 2013.
• Next round of City of Hurstbourne sidewalk-ramps improvements planned for fall of 2013.
• New Entrances to be constructed at Seaton Springs, S. Lyndon-Oxmoor Woods, Linn Station, Blairwood, Caritas Way with final completion based upon Hurstbourne Parkway project.
• New American and City of Hurstbourne flags and flag pole installed at City Park.

An approval has been given for an addition to a home project, and another request is being considered.

Commissioner Jackson suggested that a group of realtors and other individuals be invited to attend a focus meeting to determine what they perceive as positives or negatives for living in Hurstbourne as well as in other neighborhoods.
Commissioner Jackson referred to the amount the City of Hurstbourne pays for the rental of the space used for City Hall. He asked that the Finance Committee look at and evaluate the possibility of building a City Hall.

At 6:30 p.m. Commissioner Jackson made the motion to adjourn; his motion was seconded by Commissioner Dahlem. Motion carried.