Board of Commissioners Meetings

A Regular October 28, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 28, 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 Mark Moog, Trinity Lutheran Church. Members of Scout Troup #280 led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills ABSENT: Commissioner Jan Hite MAYOR AUSTIN announced that on October 21, 2014, Jan and Joe Hite welcomed Joseph Warren Hite into their family. “He weighed 8 lbs. 1 oz. and was 21 inches long. Jan and Warren are doing well as Jan continues to recuperate and will be back with us at our next get together we hope.” __________________________ 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 Mr. Trace Stevens, Parks & Recreation Director Mr. Danny Froehlich, Fire Chief Mr. Owen Reeves, Gas System Director Mr. Leason Neel, HWU Chief Financial Officer Mrs. Essy Day, Henderson County Library Director Dr. Dennis Beck, Jr., Orthopaedic Associates Mr. David Wells, Architect, Hafer Associates Mr. Chris Hobgood, Attorney Mr. Mike Wilson, Comcast Mr. Dave McGan, Kyndle Mr. Joe Padilla, Crew Worker, Senior Mr. X. R. Royster Mr. Bill Gary, Scoutmaster, Troop #280 Mr. Roger Caton, Assistant Scoutmaster, Trooper #280 Mr. Aron Caton, Life Scout, Troop #280 Mr. Isaac Gary, Life Scout, #280 Mr. A. J. Rutledge, Tenderfoot Scout, Troop #280 Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner  A Regular October 28, 2014 CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: October 14, 2014, Regular Meeting MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to approve the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ RESOLUTION NO. 90-14 RESOLUTION AMENDING THE PROTECTIVE COVENANTS FOR LOTS 1 AND 4, AND ANY DIVISION THEREOF, IN STARLITE SUBDIVISION, AND AUTHORIZING MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded Commissioner Mills, to authorize amendment of the Starlite Subdivision Protective Covenants. As reviewed at the Starlite Subdivision Development Committee meeting earlier this evening, Article VII (4)(a) is amended as follows: ARTICLE VII. ARCHITECTURAL, MAINTENANCE, AND USE RESTRICTIONS (4) EXTERIOR SIGNS: (a) All exterior signs shall be subject to the reasonable approval of the Development Committee. The amendment will eliminate the requirement that all exterior signs be located on the face of the building, thereby allowing for reasonable approval of other types of signage. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: 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 October 28, 2014 ATTEST: Carolyn Williams, City Clerk  A Regular October 28, 2014 ORDINANCE NO. 34-14: SECOND READING ORDINANCE AMENDING ARTICLE XXVIII, SECTIONS 28.01 – 28.07, OF APPENDIX A OF THE ZONING ORDINANCE, HENDERSON CITY-COUNTY AIRPORT HEIGHT REGULATIONS; OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Davis, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: 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 October 28, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 35-14: SECOND READING ORDINANCE AMENDING OFFICIAL ZONING MAP SUMMARY: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES BEGINNING AT INTERSECTION OF THE CENTERLINE OF SOUTH MAIN STREET AND A PROJECTED NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-4-3-3, THENCE IN A SOUTHWEST DIRECTION ALONG SOUTH MAIN STREET, TO THE INTERSECTION OF SOUTH MAIN AND JEFFERSON STREET, THENCE IN A SOUTHEASTERN DIRECTION ALONG THE CENTERLINE OF JEFFERSON STREET TO THE PROJECTED SOUTHEASTERN PROPERTY LINE OF PVA PARCEL 1-23-1-9, THENCE IN A SOUTHWESTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-23-1-7, THENCE IN A SOUTHEAST DIRECTION ALONG NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-23-1-7 TO THE CENTERLINE OF KREILS AVENUE, THENCE IN A SOUTHWEST DIRECTION ALONG KREILS AVENUE CROSSING AUDUBON STREET TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-23-4-20, THENCE IN A NORTHWESTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-23- 4-21 TO THE CENTERLINE OF SOUTH MAIN STREET, THENCE IN SOUTHWESTERN DIRECTION ALONG SOUTH MAIN STREET CROSSING JACKSON AND HANCOCK STREETS TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-2-1-3, THENCE IN A NORTHWEST DIRECTION ALONG SAID PARCEL TO THE NORTHWEST PROPERTY CORNER OF SAID PARCEL, THENCE IN A NORTHEASTERN DIRECTION ALONG SAID PVA PARCEL TO THE SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-2- 1-27, THENCE IN A NORTHWESTERN DIRECTION ALONG SAID PARCEL TO THE NORTHWEST PROPERTY CORNER OF SAID PARCEL, THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN PROPERTY LINE OF SAID PARCEL TO THE CENTERLINE OF HANCOCK STREET, THENCE IN A NORTHWESTERN DIRECTION ALONG HANCOCK STREET TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-3-5-5, THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN  A Regular October 28, 2014 PROPERTY LINE OF SAID PARCEL AND PVA PARCELS 1-3-5-4 AND 1-3-5-8 TO THE CENTERLINE OF JACKSON STREET, THENCE IN A SOUTHEASTERN DIRECTION ALONG JACKSON STREET TO THE PROJECTED NORTHWESTERN LINE OF PVA PARCEL 1-3-4-11 , THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN PROPERTY LINE OF SAID PARCEL TO THE NORTHEASTERN PROPERTY CORNER OF SAID PARCEL, THENCE IN SOUTHEASTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-3-4-3 TO THE CENTERLINE OF WEST MAIN STREET, THENCE IN A NORTHEASTERN DIRECTION ALONG WEST MAIN STREET TO THE PROJECTED NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-3-3-5, THENCE IN A SOUTHEASTERN DIRECTION ALONG SAID PARCEL TO THE CENTERLINE OF SOUTH MAIN STREET, THENCE IN A NORTHEASTERN DIRECTION ALONG SOUTH MAIN STREET TO THE INTERSECTION OF TOWELS STREET, THENCE IN NORTHWESTERN DIRECTION ALONG TOWELS STREET TO THE PROJECTED NORTHWESTERN LINE OF PVA PARCEL 1-3-2-1, THENCE IN A NORTHEASTERN DIRECTION ALONG SAID PARCEL TO THE CENTERLINE OF GLASS ALLEY, THENCE IN NORTHWESTERN DIRECTION ALONG GLASS ALLEY TO THE CENTERLINE OF PUBLIC ALLEY WAY, THENCE IN A NORTHEASTERN DIRECTION ALONG THE PUBLIC ALLEY WAY TO THE SOUTHWEST PROPERTY LINE OF PVA PARCEL 1-4-3-3, THENCE IN NORTHWESTERN DIRECTION ALONG THE SAID PROPERTY TO THE SOUTHWEST PROPERTY CORNER OF SAID PROPERTY, THENCE IN A NORTHEASTERN DIRECTION ALONG THE SAID PARCEL TO THE NORTHWEST PROPERTY CORNER, THENCE IN A SOUTHEAST ALONG THE SAID PARCEL TO THE POINT OF THE BEGINNING, FROM GENERAL BUSINESS (GB), AND LIGHT INDUSTRIAL (M-1), AND MEDIUM DENSITY RESIDENTIAL DISTRICT (R-2), AND NEIGHBORHOOD BUSINESS DISTRICT (NB), AND HIGH DENSITY RESIDENTIAL DISTRICT (R-4), TO HENDERSON INNOVATIVE PLANNING DISTRICT (HIP). MOTION by Commissioner Pruitt, seconded by Commissioner Davis, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: 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 October 28, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 36-14: SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXIV, SECTIONS 34.01 – 34.07, HENDERSON INNOVATIVE PLANNING DISTRICT MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted.  A Regular October 28, 2014 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: 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 October 28, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 89-14 RESOLUTION AWARDING BIDS FOR THE PURCHASE OF THREE VEHICLES TO TOWN AND COUNTRY FORD, EVANSVILLE, INDIANA, BEING ONE (1) MID-SIZE 4WD SUV, ONE (1) REGULAR CAB HALF TON PICKUP, AND ONE (1) MID-SIZE FOUR DOOR SEDAN IN THE TOTAL AMOUNT OF $59,750.00 MOTION by Commissioner Mills, seconded Commissioner Pruitt, to authorize the purchase of three vehicles from Town and Country Ford in the low bid amount of $59,750.00. MR. SIGHTS said that the first vehicle will be for the Public Works Department and the second vehicle will go to the Finance Department and the third vehicle is for the Park and Recreation Department. We have budgeted funds sufficient to cover all of these purchases. For your information, that leaves us with $14,650 for a second vehicle scheduled for the Parks and Recreation Department. This amount may not be enough, so we will either look for a pre-owned truck or just delay the purchase until next year. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: 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 October 28, 2014 ATTEST: Carolyn Williams, City Clerk COMMISSIONER’S REPORT: COMMISSIONER MILLS stated that this was a good time to speak about the Starlite Property. He added that he was on the Board when it was purchased and we’ve  A Regular October 28, 2014 taken some grief about buying and selling property. He said that “it appears that on the Starlite Purchase we paid $1.25 million and we have sold $813,000 worth of property and lease payments which leaves us with a balance of $437,000 in the land that the fire station sits on.” “Of course, we had some development costs on the road but we have also taken in, from what I’ve quickly figured, about $275,000 in tax revenues from that development so my quick calculation shows that we may have about a $ one-half million dollars in that piece of property and while we should not be in the real estate developing business, every once in a while we have a perfect place of property for a use and we spent a year finding a perfect location for the fire station and landed on that piece of property.” “I would have to say that it was a prudent investment by the City and one that’s going to continue to generate revenue past 2021 when we will have a new cell phone tower lease and hopefully have more people at the credit union working and generating tax revenues.” “I want to stick up for investing and buying property on the City’s behalf in some circumstances, it makes a lot of sense.” COMMISSIONER PRUITT said that he would like to agree with Robby that some circumstances makes a lot of sense to buy and for city tax dollars to be used to generate jobs and that is what we are elected for and that is one of the reasons why he thinks we should be more involved directly in economic development here. He said that he remembered years ago when it wasn’t so popular, when he was on the Board and Mayor Newman took tax dollars and competed against private dollars for the Hoge Farm, and it turned out great. “Commissioner Pruitt continued by saying that it has been a great two years representing the people of Henderson and he hoped that the people have understood that he fought for low taxes, accountability, honesty and integrity and making sure that the people have a government that works for the people.” He stated that he promised to give a shout-out to the people on Rankin Street.” “Commissioner Pruitt would just like to ask for your vote and continue to represent you in the next two years, he said.” COMMISSION DAVIS explained that he and the Mayor attended two events last week, one was with Governor Beshear when he dedicated a 50 acre “Build Ready” site at the Four-Star Industrial Park. This type of site has already been tested environmentally and is ready for immediate construction. Secondly, at 12:45 p.m. today “we officially opened the Interstate #415 interchange at Robards and it was announced that I-69 shields were scheduled to be installed from the Tennessee border to Henderson, Kentucky, by the end of 2015. “ “We are going to be on I-69!” MAYOR AUSTIN announced that the Green River Road upgrade and reconditioning of that road will be completed by the end of this week and we hope to have a ribbon cutting on Thursday. “Also, on Thursday, we are going to open our new Skate Park in Atkinson Park.” “There will be an unveiling of the first Wayfinder Sign on Second Street on Friday.” APPOINTMENT: MUNICIPAL HOUSING COMMISSION NIBBY PRIEST – TO FULFILL THE UNEXPIRED TERM OF LUTHER DUNCAN, JR., DEMOCRAT – TERM EXPIRES SEPTEMBER 30, 2015, MOTION by Commissioner by Commissioner Pruitt, seconded by Commissioner Mills, upon recommendation of Mayor Austin, to appoint Nibby Priest to fulfill the unexpired term of Luther Duncan, Jr. Said term to expire September 30, 2015. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular October 28, 2014 MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: ___________________________________ WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:52 p.m. ___________________________ Steve Austin, Mayor November 11, 2014 ATTEST: __________________________ Carolyn Williams, City Clerk