OCTOBER 9, 2018





Mayor Mary Schneider called the meeting to order at 4:30 p.m.




C.A.O. Leidgen conducted the roll call.  A quorum of the Commission was present.


Present:            Mary Schneider, Mayor

Ben Jackson, Commissioner

Earl Hubbuch, Commissioner

Norb Hancock, Commissioner


Present:            John Singler, City Attorney

Chris Crumpton, City Engineer



The Pledge of Allegiance was led by Mayor Mary Schneider.


No guests were present at the beginning of the Commission meeting.


Commissioner Jackson made the motion that the minutes of the September 25, 2018 regular meeting be approved; his motion was seconded by Commissioner Hubbuch. Motion carried unanimously.


Municipal Order 18-34—AN ORDER REVOKING THE CITY’S PARTICIPATION IN THE COMMONWEALTH’S MULTICHANNEL VIDEO EXCISE TAX COLLECTION DISTRIBUTION SYSTEM AND AUTHORIZING THE MAYOR TO NOTIFY THE DEPARTMENT OF REVENUE. City Attorney John Singler explained that this municipal order would remove the City from the telecommunications franchise system as a result of the Kentucky Supreme Court ruling effective June 15, 2017. Before that law was passed the state was collecting a franchise fee from cable providers directly. As a result of this ruling and by the City billing directly, the City’s revenue will increase substantially. Commissioner Wagner made a motion for approval of MO 18-34; her motion was seconded by Commissioner Jackson. Motion carried unanimously.




C.A. O. Jim Leidgen reported that Cornerstone Landscaping will begin the creek clearing this week.


No report.


No report.

PUBLIC SAFETY – Commissioner Hancock

Commissioner Hancock reported that police activity in the City is being noticed by the residents and that C. A. O. Jim Leidgen is doing a good job in reporting any incident that needs attention.

PUBLIC WORKS—Commissioner Hubbuch

Commissioner Hubbuch stated that there are several projects that will be discussed at future meetings.


Commissioner Jackson complimented the restoration and painting of the wood barrier fence located at Linn Station Road. The contracted company, JMH Remodeling and Painting, did an outstanding job. Mr. Jackson also added that the fence restoration project was a great improvement made by the City.


No report.

ATTORNEY’S REPORT – Attorney Singler

Attorney Singler researched the Oxmoor Farm file and distributed copies of a schematic phasing of the farm plus charts illustrating zoning classifications along with phasing binding elements.


At 4:55 p.m., Mayor Schneider suspended the regular business session to introduce guest, Nathan Moore, of 9008 Linn Station Road who wanted to address the Commission.  Mr. Moore spoke about the potential Top Golf development. He asked the following questions: Who funded the opposition signs and the attorney for the opposition group? Are the signs a violation of the City’s own sign ordinance since they are not political signs? Wouldn’t the City be better off to gate the community to deter the traffic that may cut through such streets as Christian Way, Linn Station, Lyndon or Nottingham? City Attorney John Singler responded that several residents opposed to Top Golf came to the Commission. They were encouraged to the exercise their rights to have their own process and voice. There was a distinct one-time contribution made for one amount. Mr. Singler further stated that the City has no contract with Attorney Steve Porter or any additional bills. He then explained that closing roadways that are currently open to traffic is not the same process as closing dead end streets.  It would be problematic to close a major road and the daily impact it would have on the residents, visitors, first responders, and service companies.  Mr. Singler also explained that opposition signs represent political speech and that is broadly defined. Commissioner Hubbuch added that the City has thirteen entrances and the gating issue has been discussed many times over several years. It would also take a survey of the entire community to accurately determine if residents wanted streets gated along with everything else that would be involved with limiting access to and from the City.


Commissioner Jackson stated that he agrees with Mr. Moore about the signs but, they are about first amendments rights. The large banners were privately funded by an individual. Yes, the City contributed to a group of our residents that came to the Commission and asked for support. The Commission discussed it and voted for it. He stated that Mr. Moore is only the second person that came to City Hall in all this time to oppose the opposition. We are here to support the majority of our residents that we know about. At the public meeting, someone said from the support TopGolf side “you don’t see as many opposition signs as you once did”.  That’s because they have been stolen four different times and they do cost money. Mr. Jackson suggested that Mr. Moore attend the October 15th public meeting because there are many other issues with this development. I am against the development because I don’t want my property value to decrease. I have been to another Top Golf and saw the 17 ½ story poles. You can’t miss them. They are monstrous. I live on Linn Station too and I will see the glare from the lights and I will drive through Christian Way at night and I will see the glare in my face. Initially, they said Oxmoor Mall will turn into a blighted area. Bridgeport wouldn’t spend millions if they didn’t believe in the long term.  They will bring the right tenants, such as restaurants, IKEA, and Crate and Barrel.  I am very concerned about my property value and how it will be affected by the development of the Oxmoor farm property. If it isn’t developed the right way, all our property values will come down and, City of Hurstbourne property tax revenues will go down because property values go down. That is my single greatest concern. Lights, alcohol and cut through traffic will always be around. I have lived here for 32 years and have seen a lot of bumper to bumper traffic which, by the way, hasn’t been as bad over the last few years. We are here to support the majority and people that talk to us and you (Mr. Moore) are number two in support of the TopGolf development. We appreciate your attendance and you’re welcome to come every second and fourth Tuesday.

CITY ENGINEER—Chris Crumpton

Mr. Crumpton reported that the City Hall roof bids were opened today and the bids ranged between $53,760 and $99,300. Highland Roofing gave the same bid as before at $66,373.  After review and analysis of all bids, including the lowest bidder, bid specifications were not appropriately identify everything we had listed that needed to be provided.  After much discussion, Commissioner Hubbuch made a motion to accept the Highland Roofing bid to include “option 1” for the installation of a walkway pad for $1720 for a grand total of $68,093.  Commissioner Jackson seconded the motion. Motion carried unanimously. Mr. Crumpton also reported that he met with the engineer retained by the American Heart Association property management that maintains the building adjacent to City Hall regarding the leaning retaining wall. Their engineer also concluded that the wall does not have a proper foundation and it needs to be replaced with a gravity wall running the length of approximately 200 feet.  This work will be managed by their contractor and paid for by the American Heart Association. The project should be scheduled within the next 30 days.

TREASURER’S REPORT – Treasurer Bennett

No report


Mr. Leidgen recommended that the Top Golf signs and banners should be removed after the conclusion of the public hearing at Shelby Campus. In addition, he reported that the meeting with Lowe Elementary was productive and the school agreed to set up signs instructing drivers to park on school property first, then park at designated overflow areas in front of school. The residents on impacted streets are to be polled before any installations of street signs by City on certain streets.


At 5:58 p.m. Commissioner Hubbuch made the motion to adjourn. His motion was seconded by Mayor Schneider; motion carried unanimously.

Mayor Mary Schneider                                                              James E. Leidgen, City Clerk