Board of Commissioners Meetings

City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, July 22,2014 Municipal Center Third Floor Assembly Room 222 First Street 5:30P.M. AGENDA 1. Invocation: Brother David Salisbury, Henderson Church of Christ 2. Roll Call: 3. Recognition of Visitors: 4. Appearance of Citizens: 5. Proclamations: 6. Presentations: Esther "Essy" Day, Librarian-Henderson County Library's llO'h Anniversary 7. Public Hearings: 8. Consent Agenda: Minutes: July 8, 2014, Regular Meeting July 15,2014, Work Session 9. Ordinances & Resolutions: Second Readings: First Readings: Ordinance Relating to Geographic Information System (GIS) Ordinance Approving Amended and Restated Interlocal Agreement Relating to Planning Resolutions: Please mute or turn off all cell phones for the duration of this meeting. 10. Bids & Contracts: 11. Unfinished Business: 12. Reports: Henderson Innovative Planning (HIP) District 13. City Manager's Report: 14. Commissioner's Reports: 15. Appointments: 16. Executive Session: 17. Miscellaneous: 18. Adjournment Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 14-154 July 17,2014 TO: Mayor Steve Austin and the Board of Commissioners FROM: Russell R. Sights, City Manager .Jld SUBJECT: Presentations An item included under the Presentations portion of the agenda is a presentation on the Henderson County Library's llO'h Anniversay. Ms. Esther "Essy" Day, Librarian, Henderson County Library will be m attendance to make a presentation on the Library's llOth Anniversary.  City Commission Memorandum 14-158 July 17,2014 TO: Mayor Steve Austin and the Board of Connnissioners FROM: Russell R. Sights, City Manager ;11 SUBJECT: Consent Agenda The Consent Agenda for the meeting of July 22, 2014, contains the following: Minutes: July 8, 2014, Regular Meeting July 15,2015, Work Session  375 CITY OF HENDERSON- RECORD BOOK Record of Minutes of _ _ _.c:A...,R,e"'g"'ul"'ar'------ Meeting _ _ __,J"'ul"-y-"8,_,,2.,0cc14!__ _ A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tnesday, July 8, 2014, at 5:30p.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 Commissiorier 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. Darmy 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 Nee~ 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 (PV A 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 Rite ----------------- Aye: Commissioner Pruitt----------------- Aye: Mayor Austin ------------------------- Aye:  376 CITY OF HENDERSON- RECORD BOOK Record of Minutes of---"'A-'R'-'e'l>f>lwli,.arc__ _ _ Meeting ___.!Jhwliy;JLJl,s~z.,_o,_J,._4_ __ 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 IlL 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-ll SINGLE FAMILY RESIDENTIAL DISTRICT: ARTICLE XIII: (R-3) MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT: ARTICLE XIV: (R-4) MULTJ-FAMJLY RESIDENTIAL DISTRICT: ARTICLE XV PLANNED UNIT DEVELOPMENT DISTRICT: ARTICLE XVI, (R-MID MANUFACTURED HOME DISTRICT: ARTICLE XVII <R-0\ RESIDENTIAL OFFICE DISTRICT· ARTICLE XVIII: (Nil) NEIGHBORHOOD BUSINESS DISTRICT: ARTICLE XIX (GBl GENERAL BUSINESS DISTRICT: ARTICLE XX (CBDl CENTRAL BUSINESS DISTRICT: ARTICLE XXI: (HC) HIGHWAY COMMERCIAL DISTRICT: ARTICLE XXII, (R-5) MEDIUM TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT: ARTICLE XXIII. !M-Il LIGHriNDUSTRIAL DISTRICT: ARTICLE XXIV (M-2) HEAVY INDUSTRIAL DISTRICT: ARTICLE XXV. AGRICULTURE DISTRICT: ARTICLE XX:VL 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-31 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Hite, seconded by Commissioner Mills, tbat 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 tbat 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: E.H. Roederer E1215458LD  377 CITY OF HENDERSON -RECORD BOOK Record of Minutes of ____,A'-'-'-'R=egul=ar,___ _ _ Meeting ___.:cJul,y'-'8"'-'-"-20"-'1'-'-4_ __ WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Is/ Steve Austin Steve Austi~ 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. lsi Steve Austin Steve Austin, Mayor July 8, 2014 ATTEST: Carolyn Williams, City Clerk RESOLUTIONNO. 69-14: RESOLUTION ADOPTING AND APPROVING TilE EXECUTION OF A SUPPLEMENTAL AGREEMENT #2 BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY. TRANSPORTATION CABINET. DEPARTMENT OF H!GHWA YS 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  378 CITY OF HENDERSON- RECORD BOOK Record of Minutes of_----'A"'-"R'"egu-lar"----- Meeting ___,ulu!,!;ly'-'8"'-"2""0!.,4c___ _ 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. Is/ 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 comer of Second aud Water Streets. That recommendation stands unless au 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 aud 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 aud $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 thau $4 million, jointly shared between the City and County. In addition, Mr. Tom Williams, HWU General Manager, aud his staff members have looked at their alternatives aud they would like to increase their request from $6 million to $8 million. That being the case, in August we piau to submit a new bond ordinance to you for $8 million for HWU aud they will be responsible for retiring that debt. We will, sometime when we get a little further down the road pass au Inducement Resolution on 911 for the improvements, which will allow us to walt 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. E. H. Roederer E1215458LD  379 CITY OF HENDERSON -RECORD BOOK Record of Minutes of----"A,_,R,.e""gu!"""ar~--- Meeting _ _ __,_Ju,I.z..v-"8,,_,2,0.=:14"----- COMMISSIONER'S REPORTS: COMMISSIONER TOM DAVIS told the audience "if you weren't on 1he 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 4"' 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 15%? "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 I" 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 Aus~ 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 ofKRS 61.810(l)(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 F H_ RMri<'lri'!T F1::>1!i4liEII rJ 380 CITY OF HENDERSON -· RECORD BOOK Record of Minutes of ____,ALR"'e"lg~JJ".I<la~r.r_ _ _ _ Meeting ---~~~"J,.y~s.,_,..c20wl"'4~-- MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Hite, tbe 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 tbe Board of Commissioners adjourned at approximately 7:00p.m. Steve Austin, Mayor July 22, 2014 ATTEST: Carolyn Williams, City Clerk E.H. Roederer Et21545BLD  381 CITY OF HENDERSON -RECORD BOOK Record of Minutes of Work Session Meeting ~~J_ul~y--'1'-'-5-'--,2_0___1_4_ __ A Work Session of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 15, 2014, at 5:30p.m. in the third floor Assembly Room, Municipal Center, 222 First Street, Henderson, Kentucky. There were present the HonOrable Steve Austin, Mayor, presiding. PRESENT: Commissioner Tom Davis Commissioner Robert M. (Robby) Mills Commissioner Robert Pruitt ABSENT: Commissioner Jan Hite ALSO PRESENT: Mr. Russell R. Sights, City Manager Mr. Buzzy Newman, Assistant City Manager Mrs. Dawn Kelsey, City Attorney Mr. Owen Reeves, Gas System Director Mr. Trace Stevens, Parks & Recreation Director Mr. Doug Boom, Engineer Mr. Curt Freese, Assistant Planning Director Mr. Tom Williams, HWIJ General Manager Mr. Ron Butler, Police Reserve Officer Frank Boyett The Gleaner THE FOLLOWING AGENDA ITEMS WAS DISCUSSED: I. Review and Discussion of Proposed Ordinance Additions/Changes on Trenchless Construction, PubliC Utility Easements and Excavations; and 2. Review and Discussion of Report on Proposed Site for New Henderson Water Utility South Zone Booster Station; and 3. Review and Discussion of Henderson Innovative Plaxming (HIP) District MEETING ADJOURN: Motion by Commissioner Davis, seconded by Commissioner Pruitt, that the meeting adjourn. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Conunissioner Mills ----------------- Aye: Conunissioner Hite ------------------ Absent: Conunissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: MAYOR AUSTIN declared the Work Session adjourned. Steve Austin, Mayor July 22, 2014 ATTEST: Carolyn Williams, City Clerk  City Commission Memorandum 14-156 July 17, 2014 TO: Mayor Steve Austin and the Board of Commissioners FROM: Russell R. Sights, City Manager j2d SUBJECT: Repeal GIS Ordinance 35-07 An item for the agenda of Tuesday, July 22, 2014 is first reading of an ordinance that repeals Ordinance 35-07 relating to Geographic Information System (GIS). In September 2007 an ordinance repealing the GIS Interlocal Agreement was adopted and Ordinance 35-07 assigning the GIS functions, duties and responsibilities to the Henderson-Henderson County Planning Commission was approved. However, the ordinance required that the GIS system budget be separate and apart from the Planning Commission budget. By repealing Ordinance 35-07 and adopting the ordinance amending and restating the Henderson County Joint Planning Unit Interlocal Agreement assigning the GIS functions and responsibilities and establishing an Advisory Committee that is included in the Ordinances & Resolutions, First Reading portion of the agenda, the GIS financials can be treated as a division within Planning thereby saving money on annual audit reporting. Your approval of the attached ordinance is requested. c: Curt Freese Hugh McCormick  ORDINANCE NO. _ _ __ ORDINANCE RELATING TO GEOGRAPHIC INFORMATION SYSTEM (GIS) SUMMARY: ORDINANCE REPEALING ORDINANCE NO. 35-07 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY RELATING TO GEOGRAPIDC INFORMATION SYSTEM (GIS) BE IT ORDAINED by the City of Henderson, Kentucky, that Ordinance No. 35-07 of the City's Code of Ordinances entitled Ordinance Relating to Geographic Information System (GIS) is hereby repealed in its entirety as follows: [1. The fuaetiens, Elffiies ana respensiBilities efHeH8ersen City Cellflty GIS are hereby assignee te the Henaersen City Ce\ffity Planning Cemmissien. 'The Chairman ef the HeH8ersen City Cellflty Planning Cemmissien shall appeiHt a GIS ,\fl¥isery Cemmittee te make reeemmeH8atiens te the Planning Cemmissien fer effieial aetiens eeneeming GIS. The Cemmittee shall be appeiHtea eaefi year as per the PlaHHing Cemmissien By La""<s aH8 shall eeHSist ef: (1) PlaHHiHg Cemmissien memher (1) At Large member The GIS Ma:aager/f,sseeiate Planning Direeter The HeH8ersen Ce\ffity BHgiHeer f, HeH8ersen Utility R.:lpreseHtative (te retate annually arneng utilities) 2. The GIS Manager shall werk vritll a teehllieal werk greHfl eensisting ef all teehlliealt~ser representatives frem all aepartmeHts ana ageneies ineffiWHg, bt~t net Jimitea te: (a) City engineering Depw tmeHt (il) City Cede Depar'..ment (e) Cellflty Cede DejlartmeHt (d) Celffity GeHrt Clerk Offiee (e) P'TA Li.L (f) Hendersen Fire Dejlar'JHent (g) HeH8ersen Water Utilities (h) Hendersen M-ooieijlal Gas (i) HeH8ersen Peliee DepartmeHt G) HeH8ersen Celfflty Water Dejlw lment (k) HMP&L (I) Cmmy Read DejlartmeHt 3. lJl el!JleHSes neeessary fur the eperatiea, administratiea and maiateaanee ef the GIS system shall be funded and berne by the City and Cellflty eEfl*llly, eae fialf(l/2) eaefi. The City and Ceooty shall share all net re'reHHes eEIHally. Ill(jleHses lffiittHe te either the City er the CeHHty shall be berne by that party, em;ept as etherwise jeintly agreed by the City and Ce\ffity.  4. The GIS system lluEiget sllall lle SetJafate aae aiJaFt frem the llueget ef the Planning CeHIHlissien, ana the GIS ftmds shall net he eell3ffliagled with these ef the PlatJHing Cell3fflissien. 5. The funetiens, duties aae FeSfleHSiailities regarding GIS may he jeiHtly \vithdravm ffem the PlatJHiHg Cell3fflissien ay the City aae CellHty llfleH sil<ty (€iQ) says written aetiee te the Planning CeHIHlissien, ana He ether aetien need he made te effeetuate the witlwravral ef the GIS ftmetiens, duties ana FeSflSHsillilities.] 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 first reading of the foregoing ordinance, it was moved by Commissioner -::-:-------:-----:----:------:----:----=-' seconded by Commissioner _ _ _ _ _ _ _ _ _ _ __,that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Davis: Commissioner Pruitt: Commissioner Mills: Mayor Austin: Commissioner Hite: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner -.,-:-------,,--------,------:-----' seconded by Commissioner _ _ _ _ _ _ _ _ _ _____, that the ordinance be adopted. WHEREUPON, the vote was called. On roll call the vote stood: Commissioner Davis: Commissioner Pruitt: Commissioner Mills: Mayor Austin: Commissioner Hite: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. Steve Austin, Mayor Date: ATTEST: Carolyn Williams, City Clerk 2 APPROVED AS TO FORM AND LEGALITY THIS _L2DAY OF JULY,2014. ~ By: iLKd~ li2aJ;L City Attorney 3  City Commission Memorandum 14-157 July 17,2014 TO: Mayor Steve Austin and the Board of Conunissioners FROM: Russell R. Sights, City Manager ;JJ SUBJECT: Amend and Restate Interlocal Agreement, Planning An item for the agenda of Tuesday, July 22, 2014 is first reading of an ordinance that amends and restates the Interlocal Agreement between the City of Henderson, City of Corydon and Henderson County establishing the Henderson County Joint Planning Unit and Planning Conunission and Boards of Adjustment. In September 2007 an ordinance repealing the GIS Interlocal Agreement was adopted and Ordinance 35-07 assigning the GIS functions, duties and responsibilities to the Henderson-Henderson County Planning Conunission was approved. However, the ordinance required that the GIS system budget be separate and apart from the Planning Conunission budget. By repealing Ordinance 35-07, included in the Ordinances & Resolutions, First Reading portion of the agenda, and amending and restating the Henderson County Joint Planning Unit Interlocal Agreement assigning the GIS functions and responsibilities and establishing an Advisory Conunittee the GIS financials can be treated as a division within Planning thereby eliminating the need for a separate audit. Your approval of the attached ordinance is requested. c: Curt Freese Hugh McCormick  ---~,,- _______ ,, ORDINANCE NO. _ __ ORDINANCE APPROVING AMENDED AND RESTATED INTERLOCAL AGREEMENT SUMMARY: ORDINANCE APPROVING AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF HENDERSON, CITY OF CORYDON, AND HENDERSON COUNTY, WHICH ESTABLISHES THE HENDERSON COUNTY JOINT PLANNING UNIT AND PLANNING COMMISSION AND BOARDS OF ADJUSTMENT WHEREAS, the City of Henderson, the County of Henderson and the City of Corydon are presently parties to an Interlocal Agreement which established the Henderson County Joint Planning Unit and Planning Commission and Boards of Adjustment; and WHEREAS, the City, County and Corydon have agreed that it is now in the best interest of all parties to amend that agreement to include the Henderson City-County Geographic Information System's Administration and Finance functions and to restate that agreement as set forth in the attached agreement which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, the County of Henderson and the City of Corydon that the Amended and Restated Interlocal Agreement Establishing the Henderson County Joint Planning Unit and Planning Commission and Boards of Adjustment, is hereby adopted, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", and the Mayor is authorized to execute the agreement on behalf of the City of Henderson. 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 first reading of the foregoing ordinance, it was moved by Commissioner _ _ _ _ _ _ _ _ _ _-,-'seconded by Commissioner , that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Davis: Commissioner Pruitt: Commissioner Mills: Mayor Austin: Commissioner Hite: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner -,.,--------,------------> seconded by Commissioner that the ordinance be adopted.  WHEREUPON, the vote was called. On roll call the vote stood: Commissioner Davis: Commissioner Pruitt: Commissioner Mills: Mayor Austin: Commissioner Hite: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. Steve Austin, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Carolyn Williams, City Clerk APPROVED AS TO FORM AND LEGALITY THIS j_J_DAY OF JULY,2014. 2  AMENDED AND RESTATED AGREEMENT ESTABLISHING THE HENDERSON COUNTY JOINT PLANNING UNIT AND PLANNING COMMISSION AND BOARDS OF ADJUSTMENT FOR HENDERSON CITY, HENDERSON COUNTY AND CORYDON CITY THIS AGREEMENT made and entered into this _ _,da,y of_____) 2014, by and between the Cities of Corydon and Henderson and the County of Henderson, Kentucky, hereinafter referred to respectively as Cities and County. WITNESSETH; THAT WHEREAS, the Cities and the County have established a "joint planning unit" within the purview of Chapter I 00 of the Kentucky Revised Statutes, as amended, under terms and conditions mutually acceptable. NOW THEREFORE, IN CONSIDERATION of the premises, and in conformity with the requirements of said Statutes, and to update their current Agreement of December 23, 1987, the Cities and County agree and stipulate as follows: SECTION I - PURPOSES AND OBJECTIVES 1. Purposes and Objectives - The cities and the county hereby declare that in the execution of this agreement and in the fulfillment of their respective obligations hereunder, they are acting with the following purposes and objectives, which shall not be considered exclusive, and which are stated merely for the purpose of demonstrating to some extent the intent of the parties; A. To secure the maximum economical, physical and social welfare for the Cities and County and their citizens through the thoughtful and planned use and development of land, buildings, thoroughfares and public utilities. B. To encourage the establishment of a planning program, the provision of facilities and personnel, therefore, the study of needs of the affected areas in the field of planning and implementation and enforcement of all regulations lawfully established and promulgated pursuant to the provisions of said Chapter 100 of the Kentucky Revised Statutes. C. To encourage cooperation between Cities and County and the citizens and officials thereof. D. The Cities and the County and the appropriate officials thereof shall lend their best efforts in the attainment and fulfillment of said purpose and objectives. EXHIBIT "A"  --~- ----·- ------ ----~--- -------~ SECTION II -JOINT PLANNING UNIT 1. Joint Planning Unit Created- The Cities of Corydon and Henderson and the County of Henderson, do hereby form a joint planning unit by combining their planning operations into a joint planning unit by combining their planning operations into a joint City-County Planning program. 2. Area of Jurisdiction - the area of jurisdiction of the joint City County planning operation shall include all of the City of Corydon, the City of Henderson, and the County of Henderson. SECTION III- JOINT PLANNING COMMISSION 1. Joint Planning Commission Created- A joint planning Commission is hereby created which shall be known as the Henderson City-County Planning Commission. Upon the appointment and subsequent approval of members, election of officers, and adoption of its by-laws, it continued existence shall be subject to the provisions of KRS, Chapter I 00. The Commission may engage in planning operations within its jurisdiction which shall include all of the City of Corydon, the City of Henderson, and the County of Henderson, except where otherwise provided for by KRS, Chapter I 00. This Commission shall have the powers, duties, and responsibilities set forth in KRS, Chapter 100. The Commission will comply with all applicable requirements under KRS 65A.Ol0 et seq. 2. Joint Planning Commission Membership. The Commission shall consist of a total of 12 members with all of the members being citizen members. A. Citizen members may be any citizen who is not an elected official, appointed official or public employee ofthe Cities or County. B. The Mayor of Henderson, Mayor of Corydon, and the County Judge shall appoint the citizen members of the Commission with the approval of their respective legislative bodies. The citizen members appointed by the Mayors of Henderson and Corydon shall be residents within the corporate limits of their respective cities and the citizen members appointed by the County Judge shall be residents of any portion of the County including incorporated cities within the County. C. Citizen members shall be appointed according to the following: Henderson County- 5 Members City of Henderson- 6Members City of Corydon- 1 Member -2  - - - --------- D. The term of office of members shall be four years ending on June 1 of the designated year. The terms of those first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively, with later appointments or reappointments continuing the staggered pattern. All vacancies whether by resignation, dismissal or expiration of the term of office shall be filled within sixty days by the appropriate appointing authority or as otherwise provided for in KRS Chapter I 00. The oath of office shall be administered to all members of the commission before entering upon their duties. The oath shall be administered as provided by law. Any member may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. The removed members shall have the right of appeal in the manner prescribed by KRS Chapter I 00. The terms of those first appointed shall be staggered as follows: One Henderson City member term ending June I, 1982 One Henderson County member term ending June I, 1982 One Henderson County member term ending June I, 1983 One Henderson County member term ending June I, 1983 One Henderson City member term ending June I, 1983 One Henderson City member term ending June I, 1983 One Henderson County member term ending June I, 1984 One Henderson City member term ending June I, 1984 One Henderson City member term ending June I, 1984 One Henderson County member term ending June I, 1985 One Henderson City member term ending June I, 1985 E. The Commission shall elect a Chairman, and any other officers which it deems necessary from its citizen members. The temr of office shall be one year to commence with 1982 eligibility for re-election. The Commission may employ a staff as it may deem necessary for its work and may contract with professional planners and other parties for such services as it may require. F. The Commission shall conduct each year at least six regular meetings for the transaction of its business. The by-laws adopted by the commission shall reflect the schedule of regular meetings; the manner in which notice shall be given; date; time; place; and the subject or subjects to be discussed. All citizen members except the Chairman shall be entitled to vote and 7 members -3  of the total membership including the Chairman or acting Chairman shall constitute a quorum. After a quorum has been established, a simple majority of that quorum can transact any official business except in those instances where there is to be an adoption or amendment of the Commission's by - laws or elements of the comprehensive plan or regulations, then a vote of the simple majority of the total membership shall be necessary. In any case of a tie vote or deadlock, the Chairman shall then have the power to vote and shall cast his vote and break such tie or deadlock. The Commission shall adopt and approve its by-laws before it may properly transact any business. The by-laws shall set forth the procedures, rules and regulations necessary for the Commission to conduct its business. G. The Commission shall have general powers necessary to carry out its functions in accordance with this agreement and KRS, Chapter 100. The Commission may be assigned any powers, duties and functions related to urban renewal or public housing by the legislative bodies of the participating cities or county. The Commission shall have the power to receive, hold, administer and disburse funds which it may lawfully receive from any and every source. Expenditures of such funds shall be accordance with the formal action of the Commission or pursuant to regulations lawfully established by the Commission. Officials, appointed officials and employees of the Cities and County may be authorized and/or directed by the Mayors and County Judge to attend meetings of the Commission, and otherwise to assist the Commission in advisory capacities, when deemed necessary by the members of the Commission, for the preparation of plans, and for the aids to help implement the plans and shall be as described in Chapter I 00 of the Kentucky Revised Statutes and as may be amended in the future. H. Costs Incurred - Except as otherwise provided for in S e c t ion V, s u b sect i on 3 o f t h is Agreement, all costs incurred by the Commission, not met by the Federal and/or state monies, shall be paid by the participating Cities and the County as follows: City of Corydon $1,000 per year City of Henderson 5 0 % of balance County of Henderson 50% of balance -4  SECTION IV- BOARDS OF ADJUSTMENT 1. Boards of Adjustment Created- A Board of Adjustment is hereby created for each of the following political subdivisions; The City of Henderson, the City of Corydon, and the County of Henderson, Kentucky. Each board shall be known as the Board of Adjustment for the respective political subdivision that it serves. (i.e.) the Board of Adjustment for the City of Corydon, the Board of Adjustment for the City ofHenderson, and the Board of Adjustment for the County of Henderson. Each board shall have the powers, duties and responsibilities as set forth in KRS Chapter 100. Each board shall function only when the respective units shall have zoning regulations and/or ordinances adopted. A. The jurisdiction of the Boards of Adjustment shall be as follows: a. Board of adjustment for the City of Corydon. Jurisdiction shall be within the legal corporate limits of the City of Corydon, as exists or may be amended in the future. b. Board of Adjustment of the City of Henderson. Jurisdiction shall be within the legal corporate limits of the City of Henderson, as exists or may be amended in the future. c. Board of Adjustment of the County of Henderson. Jurisdiction shall be within the legal territorial boundaries of the County excluding the area within the legal corporate limits of the City of Corydon, and the City of Henderson, as exists or may be amended in the future and all other incorporated cities. B. The membership, appointment, and term of office of the Boards of Adjustment is as follows: a. The Board of Adjustment for the City of Corydon. The Board shall consist of 3 citizen members who are residents of the City of Corydon. The Mayor of Corydon shall appoint the members of the Board with approval of the City of Corydon legislative body. The term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively, with later appointments or reappointments continuing the staggered pattern. b. The Board of Adjustment for the City of Henderson. The Board shall consist of 5 citizen members, I of which shall be a citizen member of the Planning Commission and resident of the City of Henderson. The Mayor of Henderson shall appoint the members of the Board with the approval of the City of Henderson legislative body. The term of -5  office of members first appointed shall be staggered so that a proportionate number serve one, two, tbree and four years respectively, with later appointments or reappointments continuing the staggered pattern. c. The Board of Adjustment for the County of Henderson. The Board shall consist of 5 citizen members, 2 of which shall be citizen members of the Planning Commission and residents of the County of Henderson, including the cities of Corydon and Henderson. The County Judge of Henderson County shall appoint the members of the Board with the approval of the County of Henderson Fiscal Court. The term of office of all Board members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern. C. Reimbursement for expenses lawfully incurred by a member of the Boards of Adjustment in the performance of his/her duties may be authorized by formal action of the respective Board. No members of the Board shall receive any compensation. D. The Boards of Adjustment shall have the power to receive, hold, administer and disburse funds which it may lawfully receive from any and every source. Prior to the beginning of each Board's fiscal year, the respective Board may adopt a budget which shall be presented to the legislative body of the political subdivision in which it has jurisdiction; for the purpose of receiving funds for the cost of its operation. Expenditures of such appropriations and funds shall be in accordance with formal action of the Board pursuant to the regulations lawfully established by the Board. All other details of the Boards' operation which are necessary for the establishment and administration of the Boards shall be as described in KRS, Chapter 100 and as may be amended in the future. SECTION V.- HENDERSON CITY-COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) 1. GIS Administration. The functions, duties, and responsibility of the Henderson City- County Geographic Information (hereinafter referred to as "GIS") is under the Joint Planning Commission. A. The Chairman of the Henderson City-County Plarming Commission shall appoint a GIS Advisory Committee to make recommendations to the Planning Commission for official actions concerning GIS. The Committee shall be appointed each year as per the Planning Commission By-Laws and shall consist of the following: 1) A Planning Commission member; 2) A at-large member; 3) The GIS Coordinator -6  4) The Henderson County Engineer 5) Henderson Utility Representative (to rotate annually among utilities) B. The GIS Coordinator shall work with a technical work group consisting of all technical user representatives from all departments and agencies including, but not limited to: I) City Engineering Department 2) City Code Department 3) County Code Department 4) County Court Clerk Office 5) PVA 6) Henderson Fire Department 7) Henderson Water Utilities 8) Henderson Municipal Gas 9) Henderson Police Department I 0) Henderson County Water Department ll)HMP&L 12) County Road Department 2. Finances. All expenses necessary for the operation, administration and maintenance of the GIS system shall be funded and borne by the City and County equally, one-half (1/2) each. The City and County shall share all net revenues equally. Expense unique to either the City or the County shall be borne by that party, except as otherwise jointly agreed by the City and the County. Beginning on July 1, 2015, the GIS annual budget shall be part of the Joint Planning Commission Budget. The GIS revenues and expenses shall be reported in its own budget category, or in a manner that can easily be distinguished and separated from the Planning Commission's revenue and expenses. SECTION VI- EFFECTIVE DATE AND PERlOD I. Effective Date and Period - This agreement shall be in full force and effect when executed by the parties to the agreement and then filed in the office of the County Court Clerk of Henderson County. This agreement shall be in existence for as long as at least two of the original signatures are operating under the combination despite the fact that other signatures have withdrawn from the unit. SECTION VII- SEVERABILITY CLAUSE 1. Severability Clause- Should any section or provision of this agreement be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the agreement as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. -7  SECTION VIII - AMENDMENT AND EXECUTION I. Amendment - This agreement may be amended from time to time by mutual agreement of all signatures participating in the unit, with such amended agreement filed in the Office of the County Clerk of Henderson County. 2. Execution- IN WITNESS WHEREOF, the undersigned parties each acting by and through their duly authorized officials, having caused the agreement to be executed as of this _ __ day of 2014. Signed By --------;o:--:--:=---------'Mayor, City of Henderson Steve Austin By -----=====::c_______ county Judge Executive, Henderson County Hugh McCormick By -----=--c--cC7""=---c-------- Mayor, City of Corydon Brian McCormic Adopted by Corydon City Council o n : - - - - - - - - - - - - - - 2014 Adopted by the Henderson Fiscal Court on: 2014 Adopted by the Henderson City Commission on: 2014 STATE OF KENTUCKY COUNTY OF HENDERSON ................. Sct. I, Renesa Abner, Clerk of Henderson County, certify that the forgoing was this day at O'clock a.m./p.m. "'L-o"""'d-g-ed""in_m_y-sa"""'i"""'d-office for record and that I have recorded it, the Forgoing and this certificate in my said office. Given under my hand this ____ day 20 BY:_~------------ -8  City Commission Memorandum 14-155 July 17,2014 TO: Mayor Steve Austin and the Board of Conunissioners FROM: Russell R. Sights, City Manager )1 SUBJECT: City Manager's Report I. Henderson Innovative Planning (HIP) District Commission Direction Requested. A draft of the proposed Henderson Innovative Planning (HIP) District was presented at the Tuesday, July 15, 2014 Work Session. This district is intended to allow a compatible mix of mixed-use, conunercial, and residential uses in dense pedestrian-friendly urban areas to increase connectivity within neighborhoods. Your formal action is necessary to forward this proposed zoning change to the Planning Conunission to conduct a public hearing and make their reconunendations.  UPCOMING BOARD APPOINTMENTS BOARD EXPIRATION DATE