Board of Commissioners Meetings

A Regular December 10, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 10, 2013, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Reverend Heath Farmer, One Life Church, and then Mayor Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. ________________________ There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills _______________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. Buzzy Newman, Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mr. John Reed, Police Chief Mr. Danny Froehlich, Fire Chief Mr. Robert Gunter, Finance Director Ms. Pam Whitter, Mass Transit Director Ms. Brenda Wethington, Transit Supervisor Mr. Frank Cates, Deputy Police Chief Mr. Christopher, Watson, Fire Lieutenant Mr. Curt Freese, Assistant City-County Planning Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, Chief Financial Officer Ms. Morgan Hite Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ____________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Brenda Wethington, Transit Supervisor, for her years of service and dedication to the City. ___________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: November 26, 2013, Regular Meeting Motion by Commissioner Davis, seconded by Commissioner Mills, to approve the items on the Consent Agenda.  A Regular December 10, 2013 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ RESOLUTION NO. 103-13: RESOLUTION ACCEPTING AND APPROVING SURETY BOND IN THE AMOUNT OF $1,000 (ONE THOUSAND) FROM JERRY HAIRE TO OPERATE A PAWN SHOP LOCATED AT 108 NORTH ELM STREET, HENDERSON, KY MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution approving a Surety Bond in the amount of $1,000 from Jerry Dwayne Haire to operate a pawn shop located at 108 North Elm Street, Henderson, Kentucky. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature, and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. __33-13_SECOND READING ORDINANCE AMENDING EROSION CONTROL REGULATIONS SUMMARY: ORDINANCE AMENDING CHAPTER 7, ARTICLE VI. EROSION AND SEDIMENT CONTROL AND CLEANING OF STREETS TO INCLUDE “DEMOLITION” AND “DEMOLITION PERMIT” UNDER SECTION 7-202 RESPONSIBILITIES, RIGHT OF ACCESS; ADD REQUIREMENT THAT HENDERSON WATER UTILITY HAS THE RESPONSIBILITY TO REVIEW AND APPROVE EROSION CONTROL PLANS ON LARGE SITE PRIOR TO ITS SUBMITTAL TO THE DIVISION OF WATER FOR A STATE PERMIT AND TO ADD A REQUIREMENT FOR SOIL STABILIZATION IF ACTIVITY CEASES FOR FOURTEEN (14) DAYS UNDER SECTION 7-203 EROSION AND SEDIMENT CONTROL PLAN CONTENT, DESIGN REQUIREMENT; AND TO MODIFY THE PENALTY PROVISION TO MAKE VIOLATION OF THE ORDINANCE A CLASS B MISDEMEANOR UNDER SECTION 7-206 PENALTY. On second reading of the foregoing ordinance, it was moved by Commissioner Jan Hite___, seconded by Commissioner Tom Davis_____, that the ordinance be adopted.  A Regular December 10, 2013 COMMISSIONER PRUITT asked Mr. Tom Williams, HWU General Manager, if you wanted to build a two-car garage, would you have to get the erosion permit? Mr. Williams stated that if you have to get a building permit, you would need to get the erosion permit but the requirement for something like that would be very lenient. The purpose of this ordinance is to try to keep dirt and mud off the streets and from leaving the site and if you can abide by that while building a two-car garage without going to a lot of expense, that would be perfectly fine. Commissioner Pruitt asked who determines that? Mr. Williams stated that HWU and Codes Administrator would determine that. Commissioner Pruitt said “case by case basis?” Mr. Williams said that while dealing with small sites like that, these requirements are very lenient. Small site requirements are explained in Chapter 7, Sec. 7-203 (h). Commissioner Pruitt said “we put some teeth into it. We made it a misdemeanor so now somebody can be charged with a misdemeanor for digging a footer for a two-car garage. I have maybe a 28 foot driveway and I could tear that out and put it back with this and be moving more dirt that way than just digging a footer for a garage, all that should be exempt. Mr. Williams reminded Commissioner Pruitt that “this is something that we have to do. This is one of those unfunded mandates that is being forced down our throats by EPA through our MS-4 permit. It is not something that we did on our own; that we were excited about.” Commissioner Pruitt added “I’d like to see it blanketed for everybody to say that if you are going to build a two-car garage, you don’t have to do this. Just picking and choosing who can do this and then have penalty attached to it, I never like anything like that, I like it to be clear cut. If everybody is going to get a permit to get a garage, we have to go through this, if not, you don’t have to go through it.” “Now we have a penalty attached to it.” Commissioner Hite added that she thought this is pretty simple and straightforward. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. __34-13: SECOND READING_ ORDINANCE AMENDING OFFICIAL ZONING MAP SUMMARY: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES BEGINNING AT THE INTERSECTION OF ATKINSON AND PRINGLE STREETS, ALONG PRINGLE STREET IN A NW DIRECTION TO THE INTERSECTION OF MILL AND PRINGLE STREETS, THENCE ALONG MILL STREET IN A NE DIRECTION TO THE NE SIDE OF PVA PARCEL #2-13-6-1, THENCE IN A NW DIRECTION ALONG THE SAID PARCEL TO A PUBLIC ALLEYWAY  A Regular December 10, 2013 (RUNNING IN A NS DIRECTION, PARALLEL WITH POND AND MILL STREETS), ALONG THE PUBLIC ALLEYWAY IN A SW DIRECTION TO PRINGLE STREET, THENCE IN A NW DIRECTION TO THE INTERSECTION OF MADISON AND PRINGLE STREETS, THENCE ALONG MADISON STREET IN A NW DIRECTION TO THE INTERSECTION OF MADISON AND SOUTH ALVASIA STREETS, THENCE ALONG SOUTH ALVASIA STREET IN A NE DIRECTION TO THE INTERSECTION OF VINE AND SOUTH ALVASIA, THENCE IN A NW DIRECTION ALONG VINE STREET TO A PUBLIC ALLEYWAY (RUNNING IN NS DIRECTION, PARALLEL WITH SOUTH GREEN AND SOUTH INGRAM STREETS), THENCE IN A NE DIRECTION ALONG THE PUBLIC ALLEYWAY TO THE SW SIDE OF PVA PARCEL 2-4-4-22, THENCE IN A SE DIRECTION ALONG THE SW SIDE OF THE SAID PARCEL TO THE NW SIDE OF PVA PARCEL #2-4-4-5, THENCE IN A NE DIRECTION ALONG NW SIDE OF PVA PARCELS #2-4-4-5 & #2-4-4-2, AND TO A PUBLIC ALLEYWAY (RUNNING IN EW DIRECTION, PARALLEL WITH VINE STREET AND MLK JR. AVENUE), THENCE IN NW DIRECTION ALONG SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-4-4-1, THENCE IN A NE DIRECTION ALONG THE SAID PARCEL TO MLK JR AVENUE, THENCE IN A SE DIRECTION ALONG MLK JR AVENUE TO THE NW SIDE OF PVA PARCEL #2-4-1- 17, THENCE IN A NE DIRECTION ALONG THE SAID PARCEL AND CONTINUING ALONG THE NW SIDE PVA PARCEL #2-4-1-8, THENCE TO THE SW SIDE OF PVA PARCEL #2-4-1-7 AND ALONG THE SAID PARCEL IN NW DIRECTION TO THE NW SIDE OF SAID PARCEL, THENCE ALONG THE SAID PARCEL AND PVA PARCEL #2-4-1-6, CONTINUING ACROSS PUBLIC ALLEYWAY (RUNNING IN EW DIRECTION, PARALLEL WITH MLK JR. AVENUE AND CLAY STREET) AND ALONG THE NW SIDE OF PVA PARCEL #2-4-1-5 TO CLAY STREET, THENCE RUNNING SE ALONG CLAY STREET TO THE NW SIDE OF PVA PARCEL #2-5-4-10, TO THE SW SIDE OF PVA PARCEL #2-5-4-9, THENCE ALONG THE SAID PARCEL IN NW DIRECTION TO THE NW SIDE OF SAID PARCEL TO A PUBLIC ALLEYWAY (RUNNING IN NS DIRECTION, PARALLEL WITH SOUTH GREEN AND SOUTH INGRAM STREETS), THENCE ALONG THE PUBLIC ALLEYWAY IN A NE DIRECTION TO THE NE SIDE OF PVA PARCEL #2-5-4-7, THENCE ALONG THE NE SIDE OF PVA PARCEL #2-5-4-7 TO THE NW SIDE OF PVA PARCEL #2-5-4-6, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF PVA PARCELS #2-5-4-6, #2-5- 4-5, #2-5-4-4, #2-5-4-3 AND #2-5-4-2, THENCE IN A SE DIRECTION ALONG THE NE SIDE OF PVA PARCEL #2- 5-4-2 TO THE NW SIDE OF PVA PARCEL #2-5-4-1, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO POWELL STREET, THENCE IN A SE DIRECTION ALONG POWELL STREET TO THE NW SIDE OF PVA PARCEL #2-5-1-14, THENCE ALONG SAID PARCEL IN A NE DIRECTION TO THE SW SIDE OF PVA PARCEL #2-5-18, THENCE ALONG SAID PARCEL IN A NW DIRECTION TO THE NW SIDE OF SAID PARCEL,  A Regular December 10, 2013 THENCE IN A NE DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO PUBLIC ALLEY (SHORT ALLEYWAY RUNNING IN EW DIRECTION, PARALLEL WITH POWELL AND WASHINGTON STREETS), THENCE ALONG THE PUBLIC ALLEYWAY IN A NW DIRECTION TO THE END OF THE PUBLIC ALLEYWAY AT THE SE SIDE OF PVA PARCEL #2-5-1-16, THENCE IN A NE DIRECTION ALONG THE SE SIDE OF SAID PARCEL TO THE SW SIDE OF PVA PARCEL #2-5-1-12, THENCE IN A NW DIRECTION ALONG THE SW SIDE OF SAID PARCEL TO THE NW SIDE OF SAID PARCEL, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO THE NE SIDE OF SAID PARCEL, THENCE IN A SE DIRECTION ALONG THE SAID PARCEL TO THE NW SIDE OF PVA PARCEL #2-5-1-11, THENCE IN A NE DIRECTION ALONG THE NW SIDES OF SAID PARCEL, PVA PARCEL #2-5-1-10, END OF PUBLIC ALLEYWAY (SHORT ALLEYWAY RUNNING IN EW DIRECTION, PARALLEL WITH POWELL AND WASHINGTON STREETS), PVA PARCELS #2-5-1-9 AND #2-5-1-6 TO WASHINGTON STREET, THENCE IN A SE DIRECTION TO THE PUBLIC ALLEYWAY (RUNNING IN NS DIRECTION, PARALLEL WITH SOUTH GREEN AND SOUTH INGRAM STREETS) TO A CROSSING PUBLIC ALLEYWAY (SHORT ALLEYWAY RUNNING IN EW DIRECTION, PARALLEL WITH WASHINGTON AND CENTER STREETS), THENCE IN A SE DIRECTION ALONG SAID PUBLIC ALLEYWAY TO SOUTH INGRAM, THENCE IN A SW DIRECTION ALONG SOUTH INGRAM TO A PUBLIC ALLEY (RUNNING IN EW DIRECTION, PARALLEL WITH WASHINGTON AND CENTER STREETS), THENCE ALONG THE SAID PUBLIC ALLEYWAY IN A SE DIRECTION TO SOUTH ADAMS STREET, THENCE IN A SW DIRECTION ALONG SOUTH ADAMS TO A PUBLIC ALLEYWAY (SHORT ALLEYWAY RUNNING IN EW DIRECTION, PARALLEL WITH WASHINGTON AND CENTER STREETS), THENCE IN A SE DIRECTION ALONG SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-7-5-2, THENCE RUNNING IN NE DIRECTION ALONG THE NW SIDE OF THE SAID PARCEL TO THE NE SIDE OF THE SAID PARCEL, THENCE RUNNING IN A SE DIRECTION ALONG THE NE SIDE OF THE SAID PARCEL TO SOUTH ALVES, THENCE IN A SW DIRECTION ALONG SOUTH ADAMS TO A PUBLIC ALLEYWAY (RUNNING IN EW DIRECTION, PARALLEL WITH WASHINGTON AND CENTER STREETS), THENCE IN A SE DIRECTION ALONG SAID PUBLIC ALLEYWAY TO SOUTH ALVASIA, THENCE IN A NE DIRECTION ALONG SOUTH ALVASIA TO THE NE SIDE OF PVA PARCEL #2- 16-5-20, THENCE IN A SE DIRECTION ALONG NE SIDE OF SAID PARCEL CROSSING A PUBLIC ALLEYWAY (RUNNING IN NS DIRECTION, PARALLEL WITH SOUTH ALVASIA AND SOUTH HOLLOWAY STREETS) CONTINUING IN THE SAME DIRECTION ALONG THE NE SIDE OF PVA PARCEL #2-16-5-3 AND CROSSING SOUTH HOLLOWAY STREET, THENCE CONTINUING IN THE SE DIRECTION ALONG THE NE SIDE OF PVA PARCEL #2-16-4-17 TO A PUBLIC ALLEYWAY  A Regular December 10, 2013 (RUNNING IN A NS DIRECTION, PARALLEL WITH SOUTH HOLLOWAY AND SOUTH JULIA STREETS), THENCE IN A NE DIRECTION ALONG SAID PUBLIC ALLEYWAY TO THE NE SIDE OF PVA PARCEL #2-16-4- 3, THENCE ALONG THE NE SIDE OF SAID PARCEL IN A SE DIRECTION TO SOUTH JULIA STREET, THENCE IN A SW DIRECTION ALONG SOUTH JULIA STREET TO THOMPSON STREET, THENCE IN A SE DIRECTION ALONG THOMPSON STREET TO MEADOW STREET, THENCE IN A SW DIRECTION ON MEADOW STREET TO THE INTERSECTION WITH WASHINGTON STREET, THENCE IN A SE DIRECTION ALONG WASHINGTON STREET TO THE NW SIDE OF PVA PARCEL #2-18-1-37, THENCE IN A SE DIRECTION ALONG SAID PARCEL AND THE NW SIDE OF PVA PARCEL #2-18-1-39 TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH POWELL AND WASHINGTON STREETS), THENCE IN A NW DIRECTION ALONG SAID PUBLIC ALLEYWAY TO COTTAGE AVENUE, THENCE IN A SW DIRECTION ALONG COTTAGE AVENUE TO INTERSECTION WITH POWELL STREET, THENCE IN A SE DIRECTION ALONG POWELL STREET TO THE NW SIDE OF PVA PARCEL #2-18-9-25, THENCE ALONG THE NW SIDE OF SAID PARCEL IN A SW DIRECTION AND TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH HELM AND POWELL STREETS), THENCE IN A NW DIRECTION ALONG THE SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-18-9-6, THENCE IN A SW DIRECTION ALONG THE NW SIDE OF THE SAID PARCEL ACROSS HELM STREET AND CONTINUING ALONG THE NW SIDE OF PVA PARCEL #2-18-8-19 TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION, PARALLEL WITH CLAY & HELM STREETS), THENCE IN A NW DIRECTION ALONG THE PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-18-8-6, THENCE ALONG NW SIDE OF SAID PARCEL IN A SW DIRECTION TO CLAY STREET, THENCE IN A SE DIRECTION ALONG CLAY STREET TO THE NW SIDE OF PVA PARCEL #2-21-3-12.1, THENCE IN A SW DIRECTION ALONG THE NW SIDE OF THE SAID PARCEL TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH CLAY AND CUMNOCK STREETS), THENCE IN A SE DIRECTION ALONG THE SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL 2-21-3-12, THENCE IN A SW DIRECTION ALONG THE NW SIDE OF PVA PARCEL #2-21-3-13 TO CUMNOCK STREET, THENCE IN A NW DIRECTION ALONG CUMNOCK STREET A PUBLIC ALLEYWAY (RUNNING IN A NS DIRECTION PARALLEL WITH MILL AND LETCHER STREETS), THENCE IN A SW DIRECTION ALONG SAID PUBLIC ALLEYWAY TO O’BYRNE STREET, THENCE IN A SW DIRECTION ALONG O’BYRNE STREET TO THE INTERSECTION WITH LETCHER STREET, THENCE IN A NE DIRECTION ALONG LETCHER STREET TO THE INTERSECTION WITH CUMNOCK STREET, THENCE IN A SE DIRECTION ALONG CUMNOCK STREET TO THE NW SIDE OF PVA PARCEL #2-22-1-9, THENCE IN A NE  A Regular December 10, 2013 DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH CLAY AND CUMNOCK STREETS), THENCE ALONG SAID PUBLIC ALLEYWAY IN A SE DIRECTION CROSSING SHELBY STREET AND CONTINUING ON TO ATKINSON STREET, THENCE IN A SW DIRECTION ALONG ATKINSON STREET TO THE INTERSECTION WITH PRINGLE STREET, THE POINT OF BEGINNING FROM INNER CITY RESIDENTIAL (R-3), HIGH DENSITY RESIDENTIAL (R-4), NEIGHBORHOOD BUSINESS (NB), RESIDENTIAL OFFICE (RO), AND GENERAL BUSINESS (GB) TO AUDUBON RESIDENTIAL. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, as follows: 1. The Official Zoning map of the City of Henderson is hereby AMENDED from INNER CITY RESIDENTIAL (R-3), HIGH DENSITY RESIDENTIAL (R-4), NEIGHBORHOOD BUSINESS (NB), RESIDENTIAL OFFICE (RO), and GENERAL BUSINESS (GB) to AUDUBON RESIDENTIAL for certain real properties as described by the Summary here above and more specifically shown by plat marked Exhibit "A" and legal description marked Exhibit “B” which is attached hereto and made a part hereof by reference. 2. That the map amendment is in agreement with the Henderson City- County Comprehensive Plan. 3. The City adopts by reference the findings of fact and conclusions of law of the Henderson City-County Planning Commission which includes Article XXXI, Audubon Residential District of the Henderson City Zoning Ordinance, of the Henderson made on November 5, 2013, as a result of the public hearing held on November 5, 2013, and the recommendations of the Planning Commission, as attached hereto, are adopted and incorporated herein by reference. On second reading of the foregoing ordinance, it was moved by Commissioner __Jan Hite_, seconded by Commissioner Robert Mills__, that the ordinance be adopted on its second reading. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk  A Regular December 10, 2013 ORDINANCE NO. 35-13: SECOND READING ORDINANCE AMENDING ZONING REGULATIONS ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXI, SECTIONS 31.01- 31.07, AUDUBON RESIDENTIAL DISTRICT PURPOSES On second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk ORDINANCE NO. __36-13_______ ORDINANCE AMENDING OFFICIAL ZONING MAP SUMMARY: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES BEGINNING AT THE AREA BOUNDED BY THE FOLLOWING BOUNDARY: BEGINNING AT THE INTERSECTION OF WASHINGTON AND ATKINSON STREETS, ALONG ATKINSON STREET THENCE IN A SW DIRECTION TO CLAY STREET, THRU THE INTERSECTION WITH CLAY STREET, THENCE CONTINUING ALONG ATKINSON STREET TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH CLAY AND CUMNOCK STREETS), THENCE ALONG SAID PUBLIC ALLEYWAY IN A NW DIRECTION CROSSING SHELBY STREET AND CONTINUING THE NW SIDE OF PVA PARCEL #2-22-1-9, THENCE IN A SW DIRECTION ALONG THE SAID PARCEL TO CUMNOCK STREET, THENCE IN A NW DIRECTION ALONG CUMNOCK STREET TO THE INTERSECTION OF LETCHER STREET, THENCE IN A SW DIRECTION ALONG LETCHER STREET TO THE INTERSECTION OF O’BYRNE STREET, THENCE IN A NW DIRECTION ALONG O’BYRNE STREET TO A PUBLIC ALLEYWAY (RUNNING IN A NS  A Regular December 10, 2013 DIRECTION PARALLEL WITH LETCHER AND MILL STREETS), THENCE IN A NE DIRECTION ALONG THE SAID PUBLIC ALLEYWAY TO CUMNOCK STREET, THENCE IN A SW DIRECTION ALONG CUMNOCK STREET TO THE NW SIDE OF PVA PARCEL #2-21-3-13, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH CUMNOCK AND CLAY STREETS), THENCE ALONG SAID PUBLIC ALLEYWAY IN A NW DIRECTION TO THE NW SIDE OF PVA PARCEL #2-21-3-12.1, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF THE SAID PARCEL TO CLAY STREET, THENCE IN A NW DIRECTION ALONG CLAY STREET TO THE NW SIDE OF PVA PARCEL #2-18-8-6, THENCE ALONG SAID PARCEL IN A NE DIRECTION TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION, PARALLEL WITH CLAY & HELM STREETS), THENCE IN A SE DIRECTION IN THE SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-18-8-19, THENCE IN A NE DIRECTION ALONG SAID PARCEL ACROSS HELM STREET AND RUNNING IN SAME NE DIRECTION ALONG THE NW SIDE OF PVA PARCEL #2-18-9-6 TO A PUBLIC ALLEYWAY (RUNNING IN A EW DIRECTION PARALLEL WITH HELM AND POWELL STREETS), THENCE IN A SE DIRECTION ALONG THE SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-18-9-25, THENCE IN A NE DIRECTION ALONG THE NW SIDE OF SAID PARCEL TO POWELL STREET, THENCE IN A NW DIRECTION ALONG POWELL STREET TO THE INTERSECTION OF COTTAGE AVENUE, THENCE IN A NE DIRECTION ALONG COTTAGE AVENUE TO THE PUBLIC ALLEYWAY (RUNNING EW DIRECTION PARALLEL WITH POWELL AND WASHINGTON STREETS), THENCE IN A SE DIRECTION ALONG SAID PUBLIC ALLEYWAY TO THE NW SIDE OF PVA PARCEL #2-18-1-39, THENCE IN A NE DIRECTION ALONG SAID PARCEL AND NW SIDE OF PVA PARCEL #2-18-1-37 TO WASHINGTON STREET, THENCE IN A SE DIRECTION ALONG WASHINGTON STREET TO THE INTERSECTION WITH ATKINSON STREET, THE POINT OF BEGINNING. FROM INNER CITY RESIDENTIAL (R-3), INNER CITY RESIDENTIAL (R-4), AND GENERAL BUSINESS (GB) TO AUDUBON COMMERCIAL.  A Regular December 10, 2013 WHEREAS, the Henderson – Henderson County Planning Commission held a public hearing on November 5, 2013 to consider rezoning for and certain properties in the Audubon area of the City of Henderson to Audubon Commercial; WHEREAS, by letter dated November 7, 2013 the Planning Commission advised the Board of Commissioners that it has made such rezoning recommendations, and requested the Board of Commissioners of the City of Henderson to further approve said rezonings; NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, as follows: 1. The Official Zoning map of the City of Henderson is hereby AMENDED from INNER CITY RESIDENTIAL (R-3), INNER CITY RESIDENTIAL (R-4), and GENERAL BUSINESS (GB) to AUDUBON COMMERCIAL for certain real properties as described by the Summary hereabove and more specifically shown by plat marked Exhibit "A" and legal description marked Exhibit “B” which is attached hereto and made a part hereof by reference. 2. That the map amendment is in agreement with the Henderson City- County Comprehensive Plan. 3. The City adopts by reference the findings of fact and conclusions of law of the Henderson City-County Planning Commission which includes Article XXXII, Audubon Commercial District of the Henderson City Zoning Ordinance, of the Henderson made on November 5, 2013, as a result of the public hearing held on November 5, 2013, and the recommendations of the Planning Commission, as attached hereto, are adopted and incorporated herein by reference. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On second reading of the foregoing ordinance, it was moved by Commissioner __Robert Pruitt__, seconded by Commissioner __Robert M. Mills___, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk  A Regular December 10, 2013 ORDINANCE NO. 37-13 SECOND READING ORDINANCE AMENDING ZONING REGULATIONS ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXII, SECTIONS 32.01- 32.07, AUDUBON COMMERCIAL DISTRICT PURPOSES On second reading of the Ordinance, it was moved by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk _______________________________ ORDINANCE NO. 38-13 SECOND READING ORDINANCE AMENDING GARBAGE AND REFUSE ORDINANCE ORDINANCE AMENDING SEC. 14-50. FEE SCHEDULE, OF ARTICLE III, SANITARY LANDFILL, IN CHAPTER 14, GARBAGE AND REFUSE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk  A Regular December 10, 2013 ORDINANCE NO. 39-13 SECOND READING ORDINANCE AMENDING GARBAGE AND REFUSE ORDINANCE ORDINANCE AMENDING SEC. 14-90.5, BULK REFUSE CHARGES, OF ARTICLE V, RATES AND CHARGES, IN CHAPTER 14, GARBAGE AND REFUSE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 104-13 RESOLUTION AUTHORIZING AND APPROVING AGREEMENT BETWEEN THE CITY OF HENDERSON (RELEASOR) AND CSX TRANSPORTATION, INC. (CSXT) TO REMOVE A PRIVATE RAILROAD CROSSING IN CORPORATE PARK MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the execution of an agreement with CSX Transportation, Inc. for the removal of a private railroad crossing in Corporate Park. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature, and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk  A Regular December 10, 2013 RESOLUTION NO. 102-13: RESOLUTION AWARDING BID FOR THE PURCHASE OF FIREFIGHTER PROTECTIVE CLOTHING TO FIRE DEPARTMENT SERVICE AND SUPPLY, LOUISVILLE, KENTUCKY, IN THE AMOUNT OF $25,380.00 MOTION by Commissioner Mills, seconded by Commissioner Davis, to adopt the resolution authorizing the purchase of firelighter protective clothing from Fire Department Service and Supply, Louisville, Kentucky, in the low bid amount of $2,518.00 per set. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature, and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 10, 2013 ATTEST: Carolyn Williams, City Clerk CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that Tuesday, December 17, 2013, at 4 p.m., there will be a called City-County Study Committee meeting for the sole purpose of hearing consultant discuss our 911 radio needs in the not too distant future, maybe the next several months. We are inviting all elected officials from city and county to come listen to that presentation. _________________________ COMMISSIONER’S REPORTS: COMMISSIONER HITE wished everyone a Merry Christmas and Happy New Year. COMMISSIONER PRUITT said “the world has lost a great man, Nelson Mandela, and maybe we could all learn from how he lived his life.” He continued “I heard that the Chamber has merged with NWKY FORWARD. I would like for this commission to really start thinking about where we are going to be in this economic development, whose’s going to be controlling our economic development and if it is the right thing for us to be involved in?” Merry Christmas and Happy New Year, too.  A Regular December 10, 2013 COMMISSIONER DAVIS said Happy Holidays to everybody and a Happy New Year. Sorry the weather was so bad that we missed some of our holiday festivities. He stated that he had some calls regarding the clearing of our streets. He understood that we had ice coming before the snows and ice cannot be removed by our scrappers without tearing up the blades or the streets. Hopefully, the citizens understand that sometime, it is advisable to leave the snow on the ice for traction. Have a Happy Holiday. MAYOR AUSTIN added the City of Henderson has had a very good year. I appreciate the work of all our employees and the work of the Commission. Merry Christmas and a Happy and Prosperous New Year! __________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the meeting adjourned at approximately 6:26 p.m. ___________________________ Steve Austin, Mayor January 14, 2014 __________________________________ Carolyn Williams, City Clerk