February 25, 2014
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.


Mr. Aaron Thompson of 11411 Park Road and representing JHS Vinings, and Mr. Brian Evans of 320 Whittington Parkway, Suite 304 were present to discuss the plan to construct a sound barrier wall between Wessex Place and the proposed Panera Bread restaurant. Mr. Thompson said that after discussions with the Commission and with residents of Wessex Place, they tried to find the type wall they thought would meet the requirements for everyone. Mr. Thompson distributed a plan for the location of the wall and a proposed design that would be brick in appearance on both sides of the wall and in a variety of colors from which Wessex Place could make a selection.

Attorney Steve Porter who represents Wessex Place and Norb Hancock of Wessex Place thanked the Commission and those who worked on the project for their willingness to work with them in this matter.

Attorney Singler then presented Municipal Order 14-09, A Municipal Order Relating to the Approval of a Detailed District Development Plan and Related Binding Elements on Property Located at 500 South Hurstbourne Pkwy; a Portion of the Property Previously Rezoned in Planning Commission Case Number 13545 Being in the City of Hurstbourne (Case Number 13DEVPLAN1062). Attorney Singler referred to Binding Element No. 13 which states the landscape buffer “must be substantially similar to the wall plan presented to the City of Hurstbourne on its meeting on the 25th day of February 2014.” He also referred to Binding Elements No. 5 & 17 pertaining to the drainage mitigation fee. Language was added which states that a Certificate of Occupancy will not be issued until payment of the drainage mitigation fee has been made. Commissioner Hubbuch then made the motion to approve MO 14-09; his motion was seconded by Commissioner Jackson. Motion carried.

Mr. Michael Davidson of 9540 Wessex Place suggested the Commission consider making the new wall about the same texture and color of the wall that is already there since they are considering constructing addition wall to close the gap between the two (approximately ten feet). This area is not on the Wessex Place property and would have to be coordinated with the City. Mr. Thompson agreed to have the contractor provide a cost estimate for this possible extension.

Mr. Bob Dermody of 8212 Paddington Drive. Mr. Dermody stated that there are no warning signs approaching speed humps on Lyndon Lane; the signs are only at the immediate site of the humps and are not very visible. He said these humps slow down the traffic and can cause damage to vehicles. Commissioner Dahlem said a traffic study had been done that referred to traffic speeds up to 75 mph. Commissioner Wagner said the Commission received a petition from residents requesting speed bumps. C.A.O. Leidgen also said a survey had been taken of City residents and approximately 50% of those wanted speed humps installed.

Ms. Ida Bratton of 304 Paddington Ct. reported a home near her seems to be inhabited by many unrelated individuals as there are numerous cars there, especially on the weekends. Attorney Singler said this issue should be reported to Metro Louisville to investigate as a possible zoning violation. Ms. Bratton also reported a free-standing shed at another property that she thought was not allowed, and C.A.O. Leidgen said he would look into this. She expressed appreciation to the City for the recent snow removals, but asked if it would possible for those who plow to place the snow toward the front of her yard rather than blocking her mailbox. Mr. Leidgen said snow placement on cul de sacs is difficult, but asked her to call when this happens again and he will get the contractor back to remedy the situation.

Mrs. Martha Dermody of 8212 Paddington Drive expressed frustration in getting results when she called the City with problems. She said trucks with advertising are parked where they shouldn’t be, there are too many cats in the neighborhood, and tree debris from the recent ice storm was not picked up. To her question as to how City ordinances can be enforced, she was told there are a variety of ways, including a Code Enforcement Board. C.A.O. Leidgen said that resident calls are tracked on a Call Log and they follow up on those calls to the best of their ability. The storm debris will be picked up over the next three Fridays


Commissioner Wagner made the motion to approve the Minutes of the February 11, 2014 regular meeting of the Commission as they were distributed. Her motion was seconded by Mayor English. Motion carried.

TREASURER’S REPORT – Treasurer Bennett

No report.


Municipal Order 14-08 Relating to Check Register Approvals for January 2014. Commissioner Dahlem moved approval of MO 14-08; his motion was seconded by Commissioner Wagner. Motion carried.

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 second reading of this ordinance by summary. Commissioner Hubbuch made the motion to approve second reading and adoption of Ordinance # 14-02; his motion was seconded by Commissioner Jackson. Mayor English called for a roll call vote – Commissioners Hubbuch, Jackson, Wagner and Dahlem and Mayor English all voted yea. Ordinance # 14-02 was thereby adopted 5-0.

ATTORNEY’S REPORT – Attorney Singler

Attorney Singler said the Judgment Order on the sale of the Kaplan property has been filed.

Hurstbourne had been sued as an additional defendant in a lawsuit regarding a back entrance, but has now been dismissed from that suit since the City does not maintain the area.


C.A.O. Leidgen presented the Call Traffic Log. The City received a number of calls about storm debris, but most of that has been picked up or will be within the next couple of weeks. Individuals need to have these limbs and branches tied in bundles that are no longer than four feet in length.

Mr. Leidgen presented his recommended expenditures in the various areas of the city budget for the remainder of the fiscal year. Since snow removal expenditures have far exceeded the budgeted amount, he recommended that each department look at these suggestions as a way to keep expenditures down and prevent going into the City’s reserves. He will talk individually to each of the commissioners about this.

MAYOR’S REPORT – Mayor English

No report.


No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch

No report.


To questions from Commissioner Jackson, Attorney Singler gave an update on some of the City’s zoning issues and the Trust involving the sound barrier wall to be constructed adjacent to I-64.

Commissioner Jackson is exploring the possibility of providing a way for residents to have papers shredded and also an easier way to dispose of hazardous waste.

Metro Zoning will be informed of the house reported by Ms. Bratton that appears to have a number of unrelated residents.

PUBLIC WORKS – Commissioner Wagner

Commissioner Wagner reported that while there were some complaints, overall the snow removal and disposal of debris from the ice storm went well.

The annual City-wide yard sale is scheduled for the first weekend in June. The picnic is tentatively scheduled for the last Sunday in June.


At 6:00 p.m. Commissioner Hubbuch made the motion to adjourn; his motion was seconded by Commissioner Dahlem. Motion carried.