MINUTES
REGULAR MEETING
September 12, 2017
CITY OF HURSTBOURNE
200 WHITTINGTON PARKWAY
LOUISVILLE, KY
Mayor Mary Schneider called the meeting to order.
ROLL CALL
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
Norb Hancock, Commissioner
Lois Wagner, Commissioner
Others
Present: John Singler, City Attorney
PLEDGE
The Pledge of Allegiance was led by Mayor Schneider.
RECOGNITION OF GUESTS
Mr. Bill Bardenwerper of 1000 N. Hurstbourne and attorney for Jefferson Development Group was present to discuss a number of issues pertaining to the Vinings of Hurstbourne. They had been to the Louisville Metro Development Review Committee regarding an amendment to Binding Element #33 pertaining to the maximum height of existing light poles on Lots 1 and 2 of the apartments. Bases were placed under the light poles to keep vehicles from hitting them and that made them too tall. The Planning Commission has agreed to amend the height of the poles with shielding, and additional hall lights have also been added. If Hurstbourne agrees with their recommendation, they will proceed with the shielding. This will be discussed again at the next Commission meeting.
There also was a discussion about the irrigation system that had been damaged during this development. Jefferson Development Group had received a bill from the City of Hurstbourne for the repair, but their contention is that they are not responsible for the bill since they weren’t responsible for the problem. Bill Hitchcock and John Pacyga from Jefferson Development explained why they felt they were not responsible. Mr. Pacyga had talked with an individual who stated that the system had not been winterized properly. C.A.O Leidgen contested that statement and explained that the City irrigation system was fully functional prior to development of the lots on Williamsburg. Part of the development included demolition of the old buildings. The electrical meters and irrigation controllers were removed along with the building demolitions. From that point forward, power had to be restored but irrigation was not restored immediately because of pending lot developments along with street/curb cuts that were to come. After additional discussion, it was then decided that representatives from the City, Jefferson Development Group and other related parties would get together in the near future in an attempt to work on this issue.
The subject of the remaining balance of the drainage assessment fee still owned by Jefferson Development to the City was brought up for discussion. It was reported that they will not pay because the promise to pay was contingent on the parcels being developed and they have no obligation to pay on those parcels that have not been developed. Attorney Singler said his recollection was that the binding elements did not parcel it out and that the developer was to pay $60,000. Commissioner Hubbuch and C.A.O. Leidgen both agreed with Mr. Singlers statement. C.A.O. Leidgen elaborated that he was at the Commission meeting when the drainage assessment was introduced and added as a binding element to the development plan. The total sum owed to the City was set at $60,000. He further stated that it was not until later where it was agreed that the amount owed the City could be divided up and paid on a per lot basis. However the total would still add up the full amount. It was decided that this will be discussed again at a future the meeting.
Eric Curtis, Kevin Vernon, and Chris Pierce from Rumpke of Kentucky were present to discuss some of the City’s concerns. They feel they have made progress with the recycling issues; however, Commissioner Hubbuch said his bin is still being left in the middle of his driveway. Commissioner Hancock said the trash containers at Wessex Place have also been left in the middle of the street. Mr. Curtis said they are committed to improving the service and will correct the problems that have been mentioned.
APPROVAL OF MINUTES
Commissioner Jackson made the motion to approve the minutes of the August 22, 2017 regular meeting of the Commission after a couple of minor corrections were made. His motion was seconded by Commissioner Hubbuch; motion carried unanimously.
Commissioner Hubbuch made the motion to approve the minutes of the August 25, 2017 Special Meeting of the Commission. His motion was seconded by Commissioner Jackson; motion carried unanimously.
BUSINESS ITEMS
Municipal Order 17-34, A Municipal Order Approving a Certain Contract Proposal, was placed on the table for discussion. This municipal order allocates $17,500 for the upgrade of part of the city’s irrigation system. The total in the 2017-18 budget for the entire upgrade is $60,000 and it was decided to add to the MO a running balance so the Commission would know the total that has been spent. Commissioner Hubbuch made the motion to approve MO 17-34 after that running balance is included. His motion was seconded by Mayor Schneider; motion carried unanimously.
Municipal Order 17-35 Relating to Check Register Approvals for June & July, 2017. Commissioner Jackson made the motion to approve MO 17-35. His motion was seconded by Commissioner Hubbuch; motion carried unanimously.
C.A.O. Leidgen referred to an email he received from Anna Vantilburg, project manage for UPS Operations in Louisville. UPS is requesting to operate a temporary holiday package delivery system in the City of Hurstbourne, which would include a 20’ mobile storage unit, a portable ramp and a golf cart with a qualified safety package. The operation would run from November 1 through December 30, 2017. He reported that several cities and neighborhoods in Kentucky have approved this type operation. A discussion about convenience to residents and concerns about safety followed. It was decided that Attorney Singler would prepare an ordinance and permit for the Commission to consider at the next meeting.
COMMITTEE REPORTS
The City picnic was a great success. It was decided that the menu would be improved for the next picnic.
Mr. Jackson asked about the status of the Street Closings. Mr. Singler said we are still waiting for street site details needed from Engineer Crumpton for submission.
MAYOR’S REPORT
At the August 25 Special Meeting of the Commission, there had been discussion about certain species of trees that were recommended by City Arborist Ryan Lewis to be planted in medians throughout the City. It was understood that anyone having issues with a specific species should contact Mr. Lewis. Mayor Schneider and Commissioner Wagner had visited the sites where the trees were recommended and thought there were too many in certain areas and some were of a type that seemed inappropriate for some of the spaces. They looked at the distance between trees, the canopy, simplicity and elegance but also at future maintenance of the trees. Mayor Schneider presented their recommendation which included 24 new trees instead of the recommended 61. After much discussion, it was decided to substitute the tulip poplar trees and the Platanus x ‘Exclamation’ trees with a combination of Chinese elms, White Oaks and Red Maples. Mayor Schneider then made the motion to approve the list as amended. Her motion was seconded by Commissioner Wagner. Motion carried with Mayor Schneider, Commissioner Wagner and Commissioner Jackson voting aye, and Commissioner Hubbuch voting nay, and Commissioner Hancock abstaining.
Mayor Schneider reported she had received an email from Kevin Cogan of Jefferson Development Group asking to keep their advertising banner up for another 30 days. He said their rentals had increased considerably during the time the banner was displayed and decreased when it was not. Commissioner Hancock said it is time to take the banner down – it’s ugly and it flaps in the breeze. He made the motion that the request to leave the banner up be denied. His motion was seconded by Commissioner Hubbuch; motion carried unanimously.
ATTORNEY’S REPORT – Attorney Singler
Attorney Singler reported he is working on the City’s current ordinance to address the issue of short-term rental of residences such as Airbnb and hopes to have it ready for the next Commission meeting.
PUBLIC SAFETY – Commissioner Hancock
No report.
PUBLIC WORKS—Commissioner Hubbuch
Commissioner Hubbuch requested for and received a bid from Country Squire Florist for the City’s Christmas decorations. Their bid was for $16,213 including labor and new material for Year 1; $8,000 for Year 2, and $9,000 for labor and replacing bows for Year 3. The proposal was introduced for review and consideration for approval at the next Commission meeting.
GENERAL GOVERNMENT REPORT – Commissioner Jackson
To a question from Commissioner Jackson regarding the inventory of the drainage creeks and creek beds project, it was stated that the task was to be performed in late fall or early winter.
The subject of forming a Committee comprising of Mayor Schneider, Commissioner Hubbuch and C.A.O Leidgen that would work to propose a comprehensive landscaping plan for submission to and approval by the Commission was introduced for consideration.
CODE ENFORCEMENT/SANITATION REPORT – Commissioner Wagner
Commissioner Wagner thanked C.A.O. Leidgen for his help with removal of certain commercial vehicles and trailers that were parked in violation at a residence on S. Lyndon Lane.
TREASURER’S REPORT – Treasurer Bennett
No report.
CITY ENGINEER – Engineer Crumpton
No report.
ADMINISTRATOR’S REPORT – C.A.O. Leidgen
No report.
ADJOURNMENT
At 6:40 p.m. Commissioner Jackson made the motion to adjourn. His motion was seconded by Commissioner Hubbuch; motion carried unanimously.