Board of Commissioners Meetings

A Regular July 8, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 8, 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 Father Larry McBride, Holy Name Catholic 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. Danny Froehlich, Fire Chief Mr. Charles H. (Chip) Stauffer, Police Chief Mr. Curt Freese, City-County Planning Assistant Executive Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Mike Richardson, Police Reserve Officer Mrs. Essie Day, Henderson County Public Librarian Mr. Anthony Hays Mr. Frank Boyett, The Gleaner _______________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: June 24, 2014, Regular Meeting Resolutions: RESOLUTION NO. 68-14: RESOLUTION DECLARING PROPERTY LOCATED AT 1725 WASHINGTON STREET (PVA PARCELS 56A-52) AS SURPLUS PROPERTY WHICH SHALL BE SOLD BY SEALED BIDS MOTION by Commissioner Hite, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular July 8, 2014 ORDINANCE NO. 23-14: SECOND READING ORDINANCE AMENDING ZONING ORDINANCE 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; NONCONFORMING 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 XX (CBD) CENTRAL 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; 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 Hite, seconded by Commissioner Mills, that the Ordinance be adopted. MAYOR AUSTIN introduced MR. ANTHONY HAYES, who owns a photography studio on First Street expressed concern about the compromise the Board of Commissioners recently reached with downtown property owners. Originally, the new regulations would have limited first-floor residential units to the rear of buildings in the Central Business District. The ordinance adopted would allow that, but only if permission is first obtained from the City Board of Zoning Adjustment. Mr. Hayes said that he believed that would be a mistake and that we needed to protect the beauty and integrity of Henderson. Mayor Austin explained that was a compromise position that we took because we had a lot of property owners come forward and say that they wanted to be able to do whatever they want to do with our property. Commissioner Davis pointed out that before this ordinance was passed, there was nothing in place to set any guidelines. Mayor Austin assured Mr. Hayes that staff would keep a close eye on this situation. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular July 8, 2014 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 July 8, 2014 ATTEST: Carolyn Williams, City Clerk _______________________________ ORDINANCE NO. 24-14: SECOND READING 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 Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 8, 2014 ATTEST: Carolyn Williams, City Clerk _______________________________ RESOLUTION NO. 69-14: RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT #2 BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS TO REALLOCATE FUNDS FROM THE RIGHT-OF-WAY AND UTILITY PHASES TO THE CONSTRUCTION PHASE FOR THE NORTH GREEN ROVER ROAD UPGRADE FROM OSAGE DRIVE TO WOODSPOINT DRIVE, IN HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Davis, to adopt the resolution formalizing the reallocation of funds from the Right-of-Way and Utility phases of the Project to the Construction phase to cover the construction estimate which was higher than anticipated. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.  A Regular July 8, 2014 The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 8, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ REPORT: PLANNING COMMISSION REZONING RECOMMENDATION: #1033, 101 SECOND STREET MR. RUSSELL R. SIGHTS, CITY MANAGER, explained that this was one of the first submittals from the Planning Commission whereby they have voted to rezone property at 101 Second Street, which is the corner of Second and Water Streets. That recommendation stands unless an aggrieved party or the Board of Commissioners elects to take it forward and act on it themselves. This property was rezoned from Central Business District to RF-2. __________________________ CITY MANAGER’S REPORT: Mr. Sights stated that we were originally scheduled to have the fiscal agents and bond counsel here to enact a $10 million bond ordinance for calendar year 2014, which is the limit for bank qualified debt. We were going to originally have $6 million for Henderson Water Utility and $4 million to go toward the upgrade of the 911 system. However, two things have occurred. We know that the total 911 system upgrade is going to be more than $4 million, jointly shared between the City and County. In addition, Mr. Tom Williams, HWU General Manager, and his staff members have looked at their alternatives and they would like to increase their request from $6 million to $8 million. That being the case, in August we plan to submit a new bond ordinance to you for $8 million for HWU and they will be responsible for retiring that debt. We will, sometime when we get a little further down the road pass an Inducement Resolution on 911 for the improvements, which will allow us to wait until calendar year 2015 to pass our bond issue for that project and then we can reimburse ourselves for any money that we have spent. Mr. Sights said that there will be a Work Session on July 15th that will include Mr. Tom Williams to present a change in ordinance to provide for trenchless construction and a change in easements and public utilities. We may have a recommendation on some possible changes in some tax abatements. New information has been discovered and we will follow up on some tax abatements that were put in place as a result of the Committee that worked on that project two years ago. The third item could be the possible new zoning district.  A Regular July 8, 2014 COMMISSIONER’S REPORTS: COMMISSIONER TOM DAVIS told the audience “if you weren’t on the Riverfront for the 4th of July celebration in Henderson, you missed one of the best attended celebrations and one of the best handled ever. He thanked Police Chief, Charles (Chip) Stauffer, and praised his officers that were on duty.” COMMISSIONER ROBERT (ROBBY) MILLS said that he was pleased to see the article on Henderson being “business friendly” in the Sunday newspaper and thanked everyone on the Commission for their help on that. He added that a couple of weeks before the July 4th celebration, we had a large senior tennis tournament and had a good crowd and it will be interesting to see what difference it made in hotel rooms, restaurants, etc. COMMISSIONER ROBERT PRUITT asked Mr. Sights for the total salaries of the three finance employees that received a change in grade classification. He asked Mr. Sights if the total salaries would be figured with their salaries plus 1.5%? “And, if you would give it to Frank (Boyett) so he can publish it.” MR. SIGHTS said that he would prepare a memo and the 1.5% Cost of Living goes into effect on July 1st for all employees. He added that the memo would be sent to the Board of Commissioners and also to Frank Boyett. COMMISSIONER PRUITT asked that the Commission revisit the giving of those upgrades/raises. ____________________________ APPOINTMENT: BOARD OF ZONING ADJUSTMENT - CITY 4-YEAR TERM BECKY STONE TO FILL UNEXPIRED TERM OF JUSTIN JONES TERM TO EXPIRE FEBRUARY 25, 2018 MOTION by Commissioner Hite, seconded by Commissioner Mills, upon recommendation from Mayor Austin, to appoint Becky Stone to fill the unexpired term of Justin Jones. Said term to expire February 25, 2018. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye ___________________________________ EXECUTIVE SESSION: LITIGATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills, pursuant to the provisions of KRS 61.810(1)(c) for discussions of proposed or pending litigation against or on behalf the public agency. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye  A Regular July 8, 2014 MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Hite, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye _________________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Hite, to adjourn the meeting. WITHOUT OBJECTION the Board of Commissioners adjourned at approximately 7:00 p.m. ___________________________ Steve Austin, Mayor July 22, 2014 ATTEST: __________________________________ Carolyn Williams, City Clerk