Board of Commissioners Meetings

A Regular April 22, 2014 A called regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 22, 2014, 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 Larry Butler, Victory Baptist 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. William L. Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Danny Froehlich, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Mr. Frank Cates, Deputy Police Chief Mr. Curt Freese, Assistant Planning Commission Director Mr. Tom Williams, HWU General Manager Mr. Bill Stevens Mrs. Essie Day Mr. Carl Day Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ______________________________ RECOGNITION OF VISITORS: MAYOR AUSTIN introduced Mrs. Essie Day, Henderson City-County Librarian. She has been in Henderson close to a year, and was accompanied by her husband Carl. _________________________ PROCLAMATION: “ARBOR DAY” MAYOR AUSTIN proclaimed April 25, 2014, as “Arbor Day” in the City of Henderson and urged all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program. Mr. Trace Stevens, Parks and Recreation Director, and Mr. Bill Stevens, Parks Board Chairman, were present to accept the proclamation. __________________________ PRESENTATION: MAYOR AUSTIN announced that Charles H. Stauffer, Police Major, was unable to be here tonight to receive his Service Award for 20 years of service but will be here at our next meeting.  A Regular April 22, 2014 COMMISSIONER DAVIS added that during last night’s HWU Board Meeting, James “Les” Boyd was presented a 20 year service award. _____________________________ PUBLIC HEARING: OUTSIDE AGENCY FUNDING REQUESTS MAYOR AUSTIN opened a Public Hearing at approximately 5:40 p.m. and asked if there was anyone that would like to speak about outside agency funding or wants to appeal a ruling by our committee. Hearing none, the Public Hearing was closed at approximately 5:41 p.m. _____________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to list the items on the Consent Agenda. Minutes: April 8, 2014, Regular Meeting MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to approve the item on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: __________________________________ ORDINANCE NO. 15-14 ORDINANCE AMENDING ZONING ORDINANCE SUMMARY: ORDINANCE AMENDING THE FOLLOWING ARTICLES OF APPENDIX A OF THE ZONING ORDINANCE AS RECOMMENDED: ARTICLE II, DEFINITIONS; ARTICLE III, ESTABLISHMENT OF ZONING DISTRICTS; ARTICLE IV, GENERAL PROVISIONS; ARTICLE V, BOARD OF ZONING ADJUSTMENT; ARTICLE VI, ADMINISTRATION, ENFORCEMENT AND VIOLATIONS; ARTICLE VII, AMENDMENTS; ARTICLE VIII; NONCOMFORMING USES AND STRUCTURES; ARTICLE IX; OFF STREET PARKING REQUIREMENTS; ARTICLE XI, (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT; ARTICLE XIII; (R-3) MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT; ARTICLE XIV; (R-4) MULTI-FAMILY RESIDENTIAL DISTRICT; ARTICLE XV PLANNED UNIT DEVELOPMENT DISTRICT; ARTICLE XVI, (R-MH) MANUFACTURED HOME DISTRICT; ARTICLE XVII (R-O) RESIDENTIAL OFFICE DISTRICT; ARTICLE XVIII; (NB) NEIGHBORHOOD BUSINESS DISTRICT; ARTICLE XIX (GB) GENERAL BUSINESS DISTRICT; ARTICLE XXI; (HC) HIGHWAY COMMERCIAL DISTRICT; ARTICLE XXII, (R-5) MEDIUM TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT; ARTICLE XXIII, (M-1) LIGHT INDUSTRIAL DISTRICT; ARTICLE XXIV, (M-2) HEAVY INDUSTRIAL DISTRICT; ARTICLE XXV, AGRICULTURE DISTRICT; ARTICLE XXVI, FLOOD PRONE AREAS;  A Regular April 22, 2014 ARTICLE XXVII, SCHEDULE OF REGULATIONS; ARTICLE XXVIII, HENDERSON CITY-COUNTY AIRPORT HEIGHT REGULATIONS; ARTICLE XXIX, REGULATION OF CELLULAR ANTENNA TOWERS; ARTICLE XXX, RIVERFRONT ZONES (RF-1, RF-2, AND RF-3), OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to refer Ordinance 15-14 back to the Planning Commission for further amendments and work by the Planning Commission. MR. RUSSELL R. SIGHTS, CITY MANAGER, said that the City has been requested by a major phone company to look at some wording in the cell tower section. The Planning Commission had a work session last week concerning the Central Business District (CBD) zoning classification. We are going to send this back, if affirmed, and ask the Planning Commission to bring the entire package back, the CBD, cell phones and everything. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: ORDINANCE 15-14 was sent back to the Planning Commission for amendments. ___________________________ ORDINANCE NO. 16-14 ORDINANCE AMENDING FEES ORDINANCE ADOPTING A NEW SECTION 7.2, SCHEDULE OF FEES, CHARGES AND EXPENSES, IN CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to table Ordinance No. 16-14 until we have further review of the Zoning Ordinance that it is tied to. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Ordinance 16-14 is tabled.  A Regular April 22, 2014 RESOLUTION NO. 32-14 RESOLUTION ADOPTING THE GREATER HENDERSON BICYCLE AND PEDESTRIAN MASTER PLAN MOTION by Commissioner Hite, seconded Commissioner Mills, to adopt the resolution authorizing the adoption of the Greater Henderson Bicycle and Pedestrian Master Plan. MR. WILLIAM L. NEWMAN, ASSISTANT CITY MANAGER, explained that the City’s transportation planning organization, the Evansville Metropolitan Planning Organization (EMPO), has recently completed an update to the bicycle and pedestrian plan for Henderson. He stated that this plan would consist of signage for existing roadways, roadways that have sufficient width to put pavement markings down, and also includes education to the public and the sharing of information on bicycle safety not only for bicycle riders but also people driving automobiles. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the same thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 22, 2014 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 34-14 RESOLUTION APPROVING AGREEMENT WITH HENDERSON COUNTY DETENTION CENTER FOR AGRICULTURAL USE OF CITY PROPERTY MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to adopt the resolution authorizing the Mayor to execute a lease agreement with the Henderson Detention Center for agricultural use of city owned property at 205 Drury Lane. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular April 22, 2014 WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the same thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 22, 2014 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 33-14 RESOLUTION APPROVING RENEWAL OF STANDARD SOFTWARE MAINTENANCE AGREEMENT WITH NEW WORLD SYSTEMS FOR PERIOD OF FIVE (5) YEARS; AND AUTHORIZING MAYOR TO EXECUTE SAME MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to adopt the resolution authorizing the renewal of the financial system software maintenance agreement with New World Systems, Troy, Michigan, for a period of five years. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the same thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 22, 2014 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 35-14 RESOLUTION AWARDING BID FOR THE SALE OF PROPERTY LOCATED AT THE CORNER OF 2ND AND WATER STREETS, KNOWN AS 101 SECOND STREET, TO PAP’S PROPS LLC, OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $100,000; AND TO AUTHORIZE THE MAYOR TO EXECUTE A REAL ESTATE SALE AND PURCHASE AGREEMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF THE PROPERTY MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the sale of approximately 0.12 acres of surplus property located at the corner of Second and Water Streets, known as 101 Second Streets, to Pap’s Props, LLC, in the amount of $100,000.00. COMMISSIONER PRUITT expressed his dismay with this deal. “Since the City purchased the property for $400,000 and is considering selling it for $100,000 tonight, we should give $300,000 back, or some kind of rebate, to the people of Henderson.”  A Regular April 22, 2014 MR. SIGHTS said that the plan was to keep something undesirable from going in place in the middle of our Riverfront Development. That’s why the land was purchased. He stated that he did not see it as a $300,000 loss because you have to look at that over the long term. If you start creating jobs or get a new building down there and add payroll taxes and property taxes; then the revenue projected back to the City would be approximately $2 million. This would take time but it was purchased to protect the integrity of that property in that area. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the same thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 22, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, confirmed that the Budget Committee and department heads have worked on next year’s budget and we are on schedule due to a cooperative effort from a lot of people. Our necessary public hearings will be held in May and June. The Budget Work Session will begin at 4:00 p.m. on May 20, 2014. ___________________________ COMMISSIONER’S REPORTS: COMMISSIONER DAVIS stated that the sidewalks along North Elm Street were looking very good so far. The sidewalks alongside South Main Street are also looking nice. Congratulations to all agencies helping to clear U. S. Highway 41 after a semi-truck carrying tree sap overturned. Commissioner Davis complimented the city for the work along Letcher Street. He asked Mr. Newman to have the Codes Department take another look at the property along the lower part of Letcher Street near Washington Street. Mr. Newman agreed. Commissioner Davis asked about the railroad crossing at Fifth Street. Mr. Newman explained that the railroad crossing at Fifth Street is scheduled for asphalt paving, as well as other damaged areas next week. The East End Park information has been submitted to the Department of Local Government and as soon as we hear from them, we will get started. Commissioner Davis complimented the Parks Department for a wonderful Easter egg hunt. Mr. Trace Stevens, Parks and Recreation Director, explained that Mr. Todd Norman was hired as the Golf Course Manager. Mayor Austin asked if Mr. Norman would come to one of our Board of Commissioner’s meeting to introduce himself. COMMISSIONER PRUITT asked Mr. Newman what time the Gathering Place closed when it was rented Mr. Newman said that the Gathering Place is leased by the City and has its own board and operates separately from the Board of Commissioners.  A Regular April 22, 2014 Commissioner Pruitt declared that the John F. Kennedy Center, at one time, stayed open until 11:00 p.m. but now is closed at 9:00 p.m. Mr. Trace Stevens explained that with the demise of teen dances, the time was moved back because most clients used the center during the daytime. Mr. Stevens said that he would meet with the Center supervisor and return with his recommendation. Commissioner Pruitt asked that the hours be extended to 11:00 p.m. Mr. Sights asked Commissioner Pruitt if his concern was about having later hours for those who rent the Center or for normal hours also? Commissioner Pruitt agreed that only for rentals. Mr. Sights asked Mr. Stevens to bring his recommendation to the next Board of Commissioner’s meeting. COMMISSIONER MILLS said that he was encouraged to hear about all of the good things that are going on in city government. He added that we have a lot of investments here in Henderson; probably more right now than he remembers from his 14 years on this Board. Regarding the Agency Funding part of our agenda, he recommended that the fees collected from the Residential Parking Pass be given to the Downtown Henderson Partnership on an annual basis starting in the 2015-16 fiscal year. He noticed that both the Pee Wee baseball league and the Pennyrile Soccer program did not turn in a request for funding this round. Mr. Stevens explained that sometimes the required information is running behind but the City will work with them on the operational funding. COMMISSIONER HITE said that she has received a couple of calls from parents concerned with one of the entrances to the PCMA ball fields with the cul-de-sac at the end of First Street. The pavement is broken and a possible safety hazard of tripping on or with children wearing cleats. She had asked Mr. Sights to look at the area. He stated that he met with some managers and volunteers at the PCMA field regarding what it would take to fix that area. Mr. Brad Mills, Public Works Director, estimated that the area could be paved for $6,000. Mr. Sights requested that the Board approve the repaving of the cul-de-sac. MOTION by Commissioner Hite, seconded by Commissioner Pruitt, to authorize the repaving of the cul-de-sac at the PCMA ball field. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________ COMMISSIONER HITE asked Mr. William L. Newman, if the skate park equipment that is scheduled to be replaced is in good enough repair to be moved to some other park. Mr. Newman said that this equipment had been refurbished a couple of years ago and other than painting and considering the age, it was in fair condition. Mr. Stevens explained that, generally speaking, older equipment could not be repaired to meet the specifications of new equipment. Therefore, it could be a safety consideration. Mr. Sights reminded the group that when they were last repaired; they were brought up to standards with new parts. The more pertinent question to ask is “since they do meet current standards and have been in use, can they be moved, as is, to another location?” The issue would be to investigate this issue and come back with a report. Commissioner Hite suggested that Community Park would be a good place to move it after safety issues are addressed. Commissioner Hite stated that the subject of the purchase of the Second and Water Street lot happened before her time on the Board but ultimately by that lot having a $2 million project built on it, with new payroll tax and property tax revenues, it is better than continuing to own that piece of property and not create any revenues.  A Regular April 22, 2014 EXECUTIVE SESSION: LITIGATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to go into Executive Session for proposed or pending litigation against or on behalf of the public agency pursuant to (KRS 61.810(1)(c). The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: MEETING RECONVENE: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING ADJOURN: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the meeting adjourned at approximately 7:30 p.m. ___________________________ Steve Austin, Mayor May 13, 2014 ATTEST: __________________________________ Carolyn Williams, City Clerk