Board of Commissioners Meetings

152 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 13, 2016, 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 Mr. Charles Cameron, Zion Baptist Church Member, followed by Mr. Bob Skaggs and members of Henderson American Legion leading recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Jesse Johnston, IV Commissioner Robert M. (Robby) Mills Commissioner X R. Royster, III ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. William L. Newman, Jr. Assistant City Manager Mrs. Donna Stinnett, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Owen Reeves, Gas System Director Mr. Tom Williams, HWU General Manager Mr. John Stroud, Code Inspector Mrs. Theresa Richey, Development Liaison Mr. Brian Bishop, City-County Planning Executive Director Mr. Jimmy Blair, Colonial Assisted Living Ms. Jessica Beaven, Colonial Assisted Living Mr. Jim Hanley, Henderson American Legion Mr. Bob Skaggs, Henderson American Legion Mr. Sappy Gastenveld, Henderson American Legion Mr. Bob G. Royster, Henderson American Legion Mr. Bob Bean, Henderson American Legion Mr. Donald E. Banks, Henderson American Legion Mr. George Combs, Henderson American Legion Mr. Aubrey Williams, Jr., Henderson American Legion Mr. Ed Scheiver, Henderson American Legion Mr. Jim Bolderjack, Henderson American Legion Mr. Ken Christopher, Henderson County War Memorial Foundation Mr. Mac Neel, Henderson County War Memorial Foundation Mrs. Sarah Stewart, Downtown Henderson Partnership Ms. Missy Vanderpool, Audubon Board of Realtors Ms. Patti Bugg, Audubon Board of Realtors Ms. Christie Alves Moore, Audubon Board of Realtors Mr. Allen Bennett, City-County Airport Manager Mr. Chris Hopgood, City-County Airport Board Attorney Mr. Tom Davis, City Commissioner Candidate Mr. Dwayne Buchanan Mr. Rick Kellen Mr. Ron Jenkins Ms. Brittany Ross, SurfKy Reporter Ms. Laura Acchiardo, the Gleaner Mr. Mike Richardson, Police Reserve Officer ________________________  153 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 PROCLAMATION: “National Assisted Living Week” MR. JIMMY BLAIR, and MS. JESSICA BEAVEN, Colonial Assisted Living were in attendance to accept the proclamation. Mr. Blair announced that they would be opening a new facility on Adams Lane soon. ________________________ PROCLAMATION: “American Legion Day” MR. JIM HANLEY along with Henderson American Legion members Mr. Bob Skaggs, Mr. Sappy Gastenveld, Mr. Bob G. Royster, Mr. Bob Bean, Mr. Donald E. Banks, Mr. George Combs, Mr. Aubrey Williams, Jr., Mr. Ed Scheiver, and Mr. Jim Bolderjack, attended to accept the proclamation. Mayor Austin thanked them all for their service. ________________________ PRESENTATION: Parklet Placemaking Project MRS. SARAH STEWART, Downtown Henderson Partnership Assistant Director, presented a proposal for a Community Development/Placemaking Project to be located on an eight foot strip of private land adjacent to a parking lot in the 200 block of Second Street creating a small Parklet area with picnic tables, a bench, and planters. The Henderson Audubon Board of Realtors brought the project to DHP and grant funds are being sought through the National Association of Realtors Placemaking Micro Grant Program. Ms. Stewart asked that the City work with DHP and other local entities to develop new strategies that best fit our downtown community development to strategically shape the physical and social character of our community spaces. ________________________ PRESENTATION: Borax Drive Economic Development Plan Update WILLIAM L. NEWMAN, JR., Assistant City Manager, presented four proposed plans that have been produced by EACOM, the consulting engineering firm, as part of the Master Plan for the City owned property located off Borax Drive. Industries along Ohio Drive as well as local utilities have been contacted for input on the development of this property. All of the buildings that are proposed can be altered and/or moved to accommodate the needs of all sizes of industries that might be interested in the facility. It is anticipated that the written draft report will be completed for review in November with the final report expected in December after all feedback has been incorporated. Mr. Newman reported that approximately $500,000.00 of Riverfront Development grant funds will remain after the planning stage to begin the next phase of the project. MAYOR AUSTIN indicated that this project is very important because Henderson currently has no industrial site ready for a company to move into. The property was purchased with Riverfront Development grant funds that allow any monies received from the sale of lots to be put directly back into the project to help fund infrastructure. ________________________ APPEARANCE OF CITIZEN: MR. KEN CHRISTOPHER, Henderson County War Memorial Foundation, presented the artist’s model of the Admiral Husband Edward Kimmel statue and requested Board approval for placement of the statue at the Four Flags Memorial near the water feature on the riverfront and requested the release of the City’s appropriated contribution at this time so that the project can proceed to meet the planned December completion and unveiling date. MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, to approve the proposed location and release of the appropriated contribution for the statue project. 154 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: ________________________ APPEARANCE OF CITIZEN: MR. RICK KELLEN, 1712 Kimsey Lane, addressed the Board of Commissioners indicating that he had purchased various tracts of land over a number of years in the Kimsey Lane/Klutey Park Plaza area and that part of this property is in the county and part in the city. The parcel in question was annexed as a portion of a large annexation in the early 1960’s and this particular tract of land had been split with the construction of US Highway 41. Mr. Keenan feels that he would be better served with all of his property in the county and requested consideration for de-annexation of his property. MAYOR AUSTIN indicated that the Board would take the request under advisement and have staff and the city attorney research the legal ramifications of removing property that is currently in the city. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: August 23, 2016, Regular Meeting Resolutions: 51-16: Resolution Authorizing Acceptance of Grant in the Amount of $1,084,881.00 from the United states department of Transportation, Federal Aviation Administration for Runway Extension project to the Henderson City-County Airport; and Authorizing and Directing Mayor to Execute any Necessary Documents on Behalf of the City of Henderson 52-16: Resolution Authorizing Participation in Kentucky pride Litter Abatement Grant Program Motion by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 13, 2016 Maree Collins, City Clerk ________________________  155 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 0ORDINANCE NO. 28-16: SECOND READ ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- 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 ATTEST: September 13, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 29-16: FIRST READ DAWN KELSEY, City Attorney, indicated that this friendly annexation was a part of the Henderson Water Utility Sewer Extension Project in the US41A/Finley Addition area. BRIAN BISHOP, Henderson City-County Planning Executive Director, indicated that Planning and Code Enforcement staff reviewed each parcel to determine the best zone classification based upon current and most recent uses. Due to the number of parcels and the number of classifications involved the project was broken into seven sections relating to the proposed zone classifications for the parcels. ORDINANCE NO. 29-16: ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED ON US HIGHWAY 41-A IN HENDERSON COUNTY, CONTAINING SECTION #1, PARCELS #46C-15, #46-97, #46-98, AND #46-99; SECTION #2, PARCEL #46-100; SECTION #3, PARCEL #46-100.1; SECTION #4-A, PARCELS #46B-15 AND #46B-60; SECTION #4-B, PARCELS #46B-54 AND #46B-78; SECTION #5, PARCEL #46-131; SECTION #6, PARCELS #46F-1 THRU 46F-6 AND PARCELS #46F-8 THRU #46F-30; AND SECTION #7, PARCEL #46-134 MOTION by Commissioner X R. Royster, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: 156 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 30-16: FIRST READ RUSSELL R. SIGHTS, City Manager, indicated that the proposed ordinance reflects recommendations that were made in meetings with downtown merchants as far as space that can be used, no annual fees, and no annual renewal. A draft of the ordinance was forwarded to Downtown Henderson Partnership members for review. ORDINANCE NO. 30-16: ORDINANCE RELATING TO MERCHANTS USE OF SIDEWALK IN CENTRAL BUSINESS DISTRICT ORDINANCE ESTABLISHING SECTION 20-11, SALE OF MERCHANDISE ON SIDEWALK IN CENTRAL BUSINESS DISTRICT, OF ARTICLE I, IN GENERAL OF CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON PERMITTED TO BUSINESSES LOCATED IN THE CENTRAL BUSINESS DISTRICT MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. COMMISSIONER ROYSTER took issue with the verbiage in #3 under Section 20.11 regarding who should be responsible for providing visible notice to the public of the existence of a defect or hazardous condition in the sidewalk and the timeframe of that notice. Discussion was held on the intent that the merchant was responsible to notify the city of the defect or hazardous condition and also notify the public until the city could either repair or mark the area. COMMISSIONER HITE suggested that the verbiage relating to the space for the merchant’s use be changed from three feet from the building to leaving a minimum of four and one-half feet of unobstructed usable sidewalk, not including pavers, for pedestrian use thereby allowing merchants with more sidewalk more space for merchandise. Consensus was reached to table the ordinance so that it could be redrafted with the requested changes. MOTION by Commissioner Jan Hite, seconded by Commissioner Jesse Johnston, that the ordinance be TABLED. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the ordinance tabled for review and revision by staff. ________________________ ORDINANCE NO. 31-16: FIRST READ RUSSELL R. SIGHTS, City Manager, indicated that this subject was first broached as a result of a newspaper article. Subsequently a discussion was held with the person that was originally considering this type business and a work session was conducted to discuss possible options.  157 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 DAWN KELSEY, City Attorney, reported that the ordinance was drafted as a result of that work session and the determination to permit three city owned locations-The Depot Parking Lot; Atkinson Park near the Sand Volleyball Court; and the East End Park on Letcher Street. The ordinance includes days and times that vary by location due to other events and lack of lighting in those areas. Vendors on private property would continue to operate under Section 4.33 of the Zoning Ordinance and not be subject to this permitting process. ORDINANCE NO. 31-16: ORDINANCE RELATING TO MOBILE FOOD UNITS ORDINANCE ESTABLISHING ARTICLE IV, MOBILE FOOD UNITS, SECTIONS 17-63 THRU 17-71, OF CHAPTER 17, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. COMMISSIONER HITE expressed her pleasure with the start of this program and hopes to see the need for the addition of other areas and/or times in the near future. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ RESOLUTION 53-16: OWEN REEVES, Gas System Director, explained that the Public Energy Authority of Kentucky has been working with Morgan Stanley Capital Group, Inc. on this long-term $750,000,000.00 to $1,100,000,000.00 prepaid natural gas purchase and sale agreement project for some time. PEAK will issue Gas Supply Revenue Bonds to fund the project and be responsible for the repayment of those bonds. A Debt Service Reserve Financial Guaranty Insurance Policy and its Commodity Swap Reserve Financial Guaranty Insurance Policy are included in the project. The total dollar amount will depend on the number of participating entities and the cost of gas at the time of issue. He went on to explain that this project is unique to other prepaid agreements that PEAK has been involved with in the past in that if the net discount of $0.20 is not met it won’t issue. The agreement also has a reset period every five years providing for an opportunity for re-pricing for increased economic returns. RESOLUTION 53-16: RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY (“CITY”) AUTHORIZING THE EXECUTION OF A GAS SUPPLY CONTRACT (“CONTRACT”) WITH THE PUBLIC ENERGY AUTHORITY OF KENTUCKY (“PEAK”) FOR THE PURCHASE OF NATURAL GAS FROM PEAK; ACKNOWLEDGING THAT PEAK WILL ISSUE ITS GAS SUPPLY REVENUE BONDS TO FUND THE PURCHASE OF A SUPPLY OF NATURAL GAS FROM MORGAN STANLEY CAPITAL GROUP, INC. (“MSCG”), WHICH GAS WILL BE USED TO MAKE DELIVERIES UNDER THE CONTRACT; AND FOR OTHER PURPOSES MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, to adopt the resolution authorizing the execution of a Gas Supply Contract with the Public Energy 158 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 Authority of Kentucky for the purchase of natural gas and acknowledging that PEAK will issue Gas Supply Revenue Bonds to fund the purchase from Morgan Stanley Capital Group, Inc. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- 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 ATTEST: September 13, 2016 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: Planning Commission Rezoning Recommendation: #1059, 800 Wolf Hills Boulevard (a/k/a Player’s Club Golf Course Clubhouse Area, 5.688 acres) RUSSELL R. SIGHTS, City Manager, reported that the Planning Commission has acted upon the request for rezoning of this property after conducting a public hearing at their August 2, 2016 meeting and producing findings of fact at their September 6, 2016 meeting. This Zoning Map Amendment shall be final and the property officially rezoned from Agricultural (AG)-Golf Course Restricted Use to General Business (GB) with a narrative development plan for 5.688 acres on Wednesday, September 28, 2016 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is Tuesday, September 27, 2016. ________________________ RUSSELL R. SIGHTS, City Manager, further reported that items on the regularly scheduled Tuesday, September 20th, 2016 work session include a tour of the new Municipal Service Center; a demonstration of the new Municipal Center Drive-thru window vacuum system; and review and discussion of how best to incorporate the new branding ideas into city signage including the out-of-town pool car. Consensus was to meet at the new Municipal Service Center at 5:30 p.m. to begin the tour of the facility and then proceed back to the Municipal Center to continue the meeting. ________________________ COMMISSIONER’S REPORT: COMMISSIONER JOHNSTON reported that he had been approached by a business owner in the Central Business District regarding parking issues in the downtown area and asked about the possibility of issuing parking permits to employees and business owners. MAYOR AUSTIN replied that the Downtown Henderson Partnership could be contacted to assist with that request ; however the parking regulations were enacted for the very purpose of preventing employees and owners from parking in front of the businesses so that customers have parking. There had been a major issue with employees parking in front of other businesses causing problems for customers. He then indicated that he would have Mr. Sights contact DHP to have them look at the issue. ________________________  159 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2016 APPOINTMENT: Henderson-Henderson County Human Rights Commission: Ms. Ann Cabell – Term To Expire June 30, 2019 Motion by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, upon recommendation of Mayor Steve Austin, to appoint Ms. Ann Cabell to a three year term on the Henderson-Henderson County Human Rights Commission replacing Ms. Darlene Ware. Said term to expire June 30, 2019. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: ________________________ MEETING ADJOURN: MOTION by Commissioner Robert M. Mills, seconded by Commissioner X R. Royster, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills ------- Aye: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Mayor Austin --------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:35 p.m. ___________________________ ATTEST: Steve Austin, Mayor September 27, 2016 ______________________ Maree Collins, City Clerk