November 10, 2015
4:30 PM
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
Lois Wagner, Commissioner
Rusty Wells, Commissioner
Others John Singler, City Attorney
Present: Chris Crumpton, City Engineer
Faye Tanner, Recording Secretary
The Pledge of Allegiance was led by Mayor Schneider.
Mr. David M. Frey, project manager with Land Design & Development (LD&D), reported that the Skyline Chili restaurant should be completed by the end of the year.  He presented a revised landscape plan previously presented to Metro Louisville.  After they cleaned out the area near the stream, they discovered there was no good soil, only bedrock, where there were to be plantings, and they also were concerned with damaging some of the existing trees.  Another proposed change was to take out the existing ground cover as it will be much easier to maintain.  After discussion, Commissioner Hubbuch made the motion to approve the revised landscape plan 14LSCAPE1173 – #14DEVPLAN1089 presented to the Commission; his motion was seconded by Commissioner Wells.  Motion was approved unanimously.
Tony Parrot, Tony Marconi, Joe Exely, Angela Akridge and David Johnson of Metropolitan Sewer District were present to report back to Hurstbourne regarding some of their plans to help with drainage issues in the City as well as throughout Metro Louisville.
Tony Parrott, executive director of MSD, stated his team has been working diligently to try to put together a comprehensive strategy in terms of how they plan to respond to those issues that need to be resolved immediately and others that may be more long-term or capital projects.  He said they are committed to assisting however they can.
Tony Marconi, with Operations Maintenance, said their flood response strategy involves: immediate response, construction & renewal, capital construction, and mitigation.  He reported that MSD received 432 requests district-wide after the July 12, 2015 flooding issues.  Fifty-two (52) of those requests were from Hurstbourne residents – 34 requests have been resolved, 7 remain with work scheduled or further evaluation needed, 9 have been forwarded to Engineering for further evaluation, and 2 sanitary requests are open.  He said they have identified a number of drainage “hot spots” that they check when a large rain is predicted to see if immediate attention is necessary.  They schedule drainage inspections based on the requests they receive.
Joe Exely works with MSD’s Drainage Response Initiative (DRI).  He said this program started in 2003 with a joint partnership between MSD and Louisville Metro Government.  The program is funded from stormwater drainage fees paid by MSD customers.  Project DRI is currently in the 5th phase, with a total investment of over $100 million in drainage and flood protection projects for the community.  Over 500 projects have been completed since the program initiation.  A total of $121.2 million has been invested over the last twelve years during five separate phases.  Five separate projects have been completed in Hurstbourne through the DRI program.
Chief Engineer Angela Akridge spoke about MSD’s long-range planning program or capital construction projects.  This program requires planning, acquisition and engineered design.  It may include basin or other storage facility and includes large-scale systemic project impact and may take years to prioritize, plan, design and construct.  They have retained Heritage Engineering to perform an analysis of existing conditions, to perform field reconnaissance and survey, and to develop a conceptual plan that includes a list of possible solutions, an analysis of the impacts of possible solutions, the cost and prioritization and maps and presentations.  They have also been working with Hurstbourne’s City Engineer Chris Crumpton to look at Hurstbourne’s specific problems, the previous modeling efforts and preliminary solutions.  Engineer Akridge said there are currently no funds allocated for any of this long-range construction, and it would require a rate increase across the Metro Louisville area. She also referred to possible flood avoidance alternatives, such as glass-block basement windows or walls constructed to keep water out of the house.  There are currently 12,000 structures in the flood-prone areas of Metro Louisville and they are applying for federal funds to help, but it often takes years for those funds to materialize.  She also emphasized that all requests for assistance should go to their Customer Relations Department which is available 24 hours a day at 587-0603 or to get into their system and to have a record of the request.  She also stated that the problems with their phone system have been corrected and the wait time is not as long as it once was.
Mr. Parrott again emphasize that they work diligently to try to determine how the funds they have are allocated to those more serious issues, and that funds are allocated district-wide as fairly as possible.
Mayor Schneider and the Commission thanked the MSD officials for their time and willingness to work with Hurstbourne to try to alleviate some of the drainage issues.
Commissioner Jackson asked for additional information to be added to the minutes of the regular meeting of October 27, 2015.  He then made the motion to approve those minutes as amended; his motion was seconded by Commissioner Hubbuch.  Motion carried unanimously.
TREASURER’S REPORT – Treasurer Bennett
No report.
ATTORNEY’S REPORT – Attorney Singler
Attorney Singler reported that he has received a letter from Attorney Steve Porter representing parties residing at 517 Leicester Circle in regards to a recent a hearing before and findings of the Hurstbourne Code Enforcement Board.  Attorney Porter stated in the letter that they disagree with the Code Enforcement Board’s findings and with the process that led to the findings and order.  He referenced Hurstbourne Ordinance 40.08(F) and said they are asking the Hurstbourne City Commission for reconsideration of the final order of the Board.  His clients request an opportunity to present their reasoning and evidence at a hearing before a meeting of the Commission.  Mr. Porter then listed the areas of concern that they would raise at a reconsideration hearing.  Attorney Singler said he had told Attorney Porter that he could present his evidence at the next November 24 Commission meeting if the Commission is in agreement with the request. City Ordinance 40.08 (F) states that “The City Commission may (but is not required to) review and entertain such request for reconsideration and may, affirm, modify, revise, amend, or dismiss any final order of the Code Enforcement Board.” There was extensive discussion about the current case as well as the history of multiple complaints about the property.  It was further noted that four Commissioners were in attendance at the Code Enforcement Board hearing and heard of the evidence that was presented. Commissioner Jackson then made the motion that consistent with Hurstbourne’s Ordinance 40.08 (F) the City Commission reviewed Attorney Porter’s request for consideration and the Commission upholds the Code Enforcement Board’s decision(s).  Commissioner Jackson’s motion was seconded by Commissioner Hubbuch.  Motion carried unanimously.
Commissioner Hubbuch then expressed his delight with the new facility for City Hall.  He made the motion that the Commission express their appreciation to C.A.O. Leidgen, Victoria Lemke and Trisha Sikkema for all of their work on getting the facility set up and organized and the Commission would like to recognize them for that service.  His motion was seconded by Commissioner Wells.  Motion carried unanimously.  C.A.O. Leidgen also expressed his appreciation to Mrs. Lemke and Mrs. Sikkema, but also emphasized that Mayor Schneider and Commissioner Wells had been very helpful in the move.
CITY ENGINEER’S REPORT – Engineer Crumpton
Engineer Crumpton elaborated on the MSD presentation, and said he felt Hurstbourne would get some answers before long as to what they plan to do.  Their main model has to be extended in order to encompass what Hurstbourne would like to see accomplished, and that won’t happen overnight.  They will give us long-term detailed updated flood plain information.  The City of Jeffersontown has agreed to work with Hurstbourne to try to determine the best way to proceed in the Plainview area.
Engineer Crumpton said he has a meeting with MSD on November 12 to look at Rugby and Seaton Springs to the golf course to look at cleaning out ditches in those areas.
There has still been no response from MAC Construction.  C.A.O. Leidgen said he has also tried to reach the owner with no success.
Mr. Crumpton said Lawrence & Associates still has a few ramps to complete on Colonel Anderson.
He is working on the permit situation for the Linn Station entrance and the railing for the ramp at City Hall.
There was discussion about the test case for the sidewalk “shaving” process.
C.A.O. Leidgen referred to Phil Stone, who had attended the last Commission meeting regarding the light that been installed on his street at which time his sprinkler system was damaged.  He presented Mr. Leidgen the bill for the repairs which has been paid out of the Public Safety budget.  LG&E has committed to refunding Hurstbourne for this expenditure.
In connection with the discussion at the last Commission meeting regarding financial decision making, C.A.O. Leidgen presented Municipal Order 15-34 Relating to Establishment of an Expense Approval Policy for the City of Hurstbourne for the Calendar Year 2016.  This MO establishes the expense authorization and approval policy with defined limits, and in full compliance with generally accepted public accounting principles, for the purpose of improvement in fiscal communications and management of the City.  After discussion, Commissioner Jackson made the motion to approve MO 15-34; his motion was seconded by Commissioner Wells.  Motion carried unanimously.
MAYOR’S REPORT – Mayor Schneider
No report.
PUBLIC WORKS REPORT – Commissioner Wells
Commissioner Wells said Engineer Crumpton will get an estimate for work to be done using the sidewalk “shaving” process.
Commissioner Wells said the listing agreement for tenant space in the building expired on October 31, and there was discussion about whether to sign a six-month extension on this agreement.  It was decided to renew the agreement for six months.
It was decided that the pad for the dumpster at City Hall should not be installed at this time since it may be necessary to expand the pad at a later time.  This will be evaluated again in the spring.
PUBLIC SAFETY REPORT – Commissioner Hubbuch
Commissioner Hubbuch said he would have a police officer for the entire November 24 Commission meeting.
Commissioner Jackson reported he and C.A.O. Leidgen had contacted the banks within the City and will continue to evaluate the banking proposals for City deposit accounts and bring a recommendation to the Commission.
There was discussion about potential use, security, as well as keys and/or key pad for the new building.
No report.
At 6:55 p.m. Commissioner Hubbuch made the motion to adjourn.  His motion was seconded by Commissioner Wells; motion carried unanimously.