Board of Commissioners Meetings
Regular MeetingHenderson, KY · December 15, 2017
Minutes
250
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Special Called Meeting on December 15, 2017
A special called meeting of the Board of Commissioners of the City of Henderson,
Kentucky, was held on Friday, December 15, 2017, at 3:30 p.m., prevailing time, in the third
floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson,
Kentucky.
There were present Mayor Steve Austin presiding:
PRESENT:
Commissioner Austin P. Vowels
Commissioner Bradley S. Staton
Commissioner Robert N. Pruitt, Sr.
Commissioner Patti Bugg
ABSENT:
ALSO PRESENT:
Mr. Russell R. Sights, City Manager
Mr. Eric Shappell, Acting City Attorney
Ms. Maree Collins, City Clerk
Mr. Robert Gunter, Finance Director
Mr. John Stier, Accounting Manager
Mrs. Dawn Winn, Assistant Finance Director
Mrs. Connie Galloway, Human Resources Director
Mrs. Jennifer Latimer, Executive Assistant
Mr. Mac Neel, Myriad CPA Group
News Reporter and Cameraman
________________________
PRESENTATION: “City of Henderson Report on Audited Financial Statements for
Fiscal Year Ended June 30, 2017”
MALCOLM NEEL, III, Myriad CPA Group LLC, presented the FY2017
Comprehensive Annual Financial Report. He indicated that an audit is more than just the review
of the City’s finances. An Audit Risk Assessment which includes control inventory and
accounting records, quality of information provided, and monitoring, are all reviewed. Mr. Neel
noted that the Net Position or equity based on GASB34 indicates a deficit in Governmental
Activities of approximately $2.7 million due primarily to recording the liability for the unfunded
pension, which is very common in municipal audits. Henderson Municipal Power and Light and
Henderson Water Utility are included as component units in this report and have Total Net
Position of $65.2 million and $46 million respectively. Both of these utilities are capital-
intensive with most of the net worth in infrastructure. The net change in the General Fund
Balance was a decrease of $621,958.00. The Total Fund Balance has about 161 days
expenditures or five months of operating reserves, the Unassigned Fund Balance is about $5.3
million or 70 days operating expenditures and the Government Finance Officers Association
recommends at least 60 days in unassigned funds. The Cash Balance in the General Fund
represents five months of operating expenses and is something that credit analysts will look at
and will be very impressed with that number. The Natural Gas Fund had a change of Net
Position or Net Income of $335,234.00. The Health Insurance Fund, which has spiraled out of
control for many businesses, has been relatively consistent with the level of expenditures and it
has not increased substantially over the last three years. The estimated costs for the landfill
closure decreased approximately $200,000.00 based on the engineering estimate. Approximately
75% or $3.1 million has been reserved for the landfill closure which indicates good financial
management to a financial analyst. The Sanitation Fund generated a profit, $362,239.00. The
unfunded pension liability for the City is $41 million, and when HMP&L and HWU are factored
in collectively the liability is approximately $55 million. The City’s pension liability has gone up
approximately $12 million from $28.7 million in 2015 based on actuarial information provided
by the state. He indicated that the City is one of two clients out of a hundred plus audits that his
firm conducts that does not have a management comment which speaks highly of John and
251
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Special Called Meeting on December 15, 2017
Robert and your finance department. Mr. Neel concluded that overall the City is in very good
financial shape.
MOTION by Commissioner Staton, seconded by Commissioner Bugg, to accept the
Audit Committee recommendation to accept the Fiscal Year 2017 Comprehensive Annual
Financial Report as presented.
RUSSELL R. SIGHTS, City Manager, indicated that he was pleased for the City and its
employees that have done such a great job of handling the health insurance expenses. He
reported that the actual cost per month paid in claims is $537.00 per covered life, or about
$6,455.00 per year. The clinic is an asset for our people, the discounts we command because of
our volume and our employees’ seriousness about their health is reflected in these numbers. He
then thanked everyone that contributed in any way to this very favorable financial report from
the Finance department staff to the management of every department and to every employee that
participated.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
________________________
PRESENTATION: “Introduction-Assistant Finance Director”
ROBERT GUNTER, Finance Director, introduced Dawn Winn, Assistant Finance
Director and explained that she had been with the City in various roles approximately 14 years
and was promoted to Assistant Finance Director about one month ago. He indicated that she
knows the financial system as she started in the utility billing, moved to accounts payable and
payroll before being promoted to her current position. He reported that she just returned from
Chicago where she attended a Federal Transit Administration training conference.
MAYOR AUSTIN indicated that Dawn had recently participated in the Henderson
Leadership Initiative class and that he appreciated her dedication to that learning experience.
________________________
ORDINANCE NO. 68-17: SECOND READ
ORDINANCE AMENDING ZONING ORDINANCE APPENDIX A OF THE CODE
OF ORDINANCES OF THE CITY OF HENDERSON
AN ORDINANCE AMENDING ZONING ORDINANCE APPENDIX A OF THE
CODE OF ORDINANCES OF THE CITY OF HENDERSON- ARTICLE XXXIII ~ GATEWAY
ZONE DISTRICT SECTION 33.14 SIGNAGE AND ARTICLE XXXIV ~ HENDERSON
INNOVATIVE PLANNING DISTRICT SECTION 34.06 SIGNAGE
MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the
ordinance be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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.
252
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Special Called Meeting on December 15, 2017
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: December 15, 2017
Maree Collins, City Clerk ________________________
ORDINANCE NO. 69-17: SECOND READ
ORDINANCE AMENDING CHAPTER 15 – NUISANCES
AN ORDINANCE AMENDING CHAPTER 15, NUISANCES, ARTICLE I- IN
GENERAL, AND ARTICLE III- CODE ENFORCEMENT BOARD OF THE CODE OF
ORDINANCES OF THE CITY OF HENDERSON
MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance
be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: December 15, 2017
Maree Collins, City Clerk ________________________
EXECUTIVE SESSION: Litigation
MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into
Executive Session pursuant to KRS 61.810(1)(c) for the purpose of discussion of pending
litigation on behalf of the City in Henderson Circuit Court and pending litigation against the City
in front of the Public Service Commission and proposed litigation against the City.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
________________________
MEETING RECONVENED:
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, the Board of
Commissioners reconvened in regular session.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
________________________
253
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Special Called Meeting on December 15, 2017
RESOLUTION 57-17:
RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY RECOMMENDING
AND APPROVING SETTLEMENT OF LITIGATION PRESENTLY PENDING IN CASE NO.
09-CI-00693 BEING BIG RIVERS ELECTRIC CORP. VS THE CITY OF HENDERSON,
KENTUCKY AND THE CITY OF HENDERSON UTILITY COMMISSION D/B/A
HENDERSON MUNICIPAL POWER & LIGHT
MOTION by Commissioner Staton, seconded by Commissioner Bugg, to adopt the
resolution recommending and approving the Settlement Agreement for litigation presently
pending in Case No. 09-CI-00693 being Big Rivers Electric Corp. VS the City of Henderson and
the City of Henderson Utility Commission d/b/a Henderson Municipal Power and Light.
COMMISSIONER PRUITT indicated that he believes that this settlement is a bad deal
for the people of Henderson.
COMMISSIONER BUGG indicated that because this was a contract dispute and not
what the courts considered as thievery, and that no one could determine exactly what the dollar
amount is; and that this dispute and court proceeding had been going on for eight years that at
some point you have to accept a settlement to re-coop some of that cost. She stated that she
could not tell anyone that it is the absolute right thing to do, but it is the fair thing to do and that
$6.25 million is better than zero, which was a possibility.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Nay:
Commissioner Bugg ------ 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: December 15, 2017
Maree Collins, City Clerk ________________________
MEETING ADJOURN:
MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to adjourn the
meeting.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 4:55 p.m.
___________________________
Steve Austin, Mayor
ATTEST: January 09, 2018
______________________
Maree Collins, City Clerk
Agenda
City of Henderson, Kentucky
NOTICE OF SPECIAL CALLED MEETING
FOR FRIDAY, DECEMBER 15, 2017
December 14, 2017
Commissioner Patti Bugg
Commissioner Robert N. Pruitt Sr.
Cornrnissioner Bradley S. Staton
Commissioner Austin P. Vowels
Dear Board Members:
Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call
a special called meeting of the Board of Commissioners to be held on Friday,
December 15, 2017, at 1:00 p.m., in the third floor assembly room, 222 First
Street, Henderson, Kentucky. The purpose of this called meeting is for the
following :
l , Roll Call
2. Presentations: Comprehensive Annual Financial Report for Year Ending
June 30, 2017 - Malcolm E. Neel III, Myriad CPA Group
3. Ordinances: Ordinance Amending Zoning Ordinance-Gateway and HIP
Signage
Ordinance Amending Chapter 15 Code of Ordinances
4. Executive Session: Executive Session Pursuant to KRS 61.810(l)(c) for the
Purpose of Discussion of Proposed Litigation on Behalf of
or Against the City
s. Adjourmnent
Respectfully,
Steve Austin, Mayor
SPECIAL CALLED MEETING NOTICE
FRIDAY, DECEMBER 15, 2017
Continued
A copy of the foregoing notice received and service thereof waived this 1 5'h day
of December, 2017.
Commissioner Patti Bugg
Commissioner Robert N. Pmitt Sr.
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
City Commission Memorandum
17-275
December 14, 2017
TO: Mayor 8teve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager !!
SUBJECT: FY 201 7Comprehensive Am'iual Financial Report
An item included under the Presentations portion of the agenda is the presentation
of the Fiscal 2017 Comprehensive Annual Financial Report by Myriad CPA Group.
Mr. Malcolm (Mac) E. Neel, III, will be in attendance to present the Independent
Auditor's Report for the year ended June 30, 2017. This information will be reviewed by
the Audit Committee on December 15, 2017 prior to the special called meeting.
It is noteworthy to mention that the City has received a Certificate of Achievement
for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for
the 18 consecutive year for the Fiscal Year ending June 30, 2016. The Director of
Finance and Finance Department staff are to be commended and congratulated for this
accomplishment.
c: Robert Gunter
John Stier
City Commission Memorandum
17-273
December 13, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager !
SUBJECT: Ordinance Relating to Nuisances
An item for the agenda of Friday, December 1 5'h, 2017 special called meeting, is
final reading of an ordinance amending Chapter 15, Nuisances, of the Code of
Ordinances.
During ordinance review, discussion was held regarding amending sections within
the following articles:
Article 1, In General
Article III, Code Enforcement Board
Your approval of the attached ordinance is requested.
ORDINANCEN0. 69-17
ORDINANCE AMENDING CHAPTER 15 - NUISANCES
SUMMARY: AN ORDINANCE AMENDING CHAPTER 15, NUISANCES,
ARTICLE 1- IN GENERAL, AND ARTICLE III -CODE
ENFORCEMENTBOARD OF THE CODE OF ORDINANCES OF
THE CITY OF HENDERSON
WHEREAS, it is necessary to update Chapter 15, Nuisances, Article I - In General,
and Article III- Code Enforcement Board, to bring it within existing practice and law.
NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that
Chapter 15, Nuisances, Article I - In General, and Article III- Code Enforcement Board, of the Code
of Ordinances is hereby amended as follows:
Sec. 15-1. - Prohibition.
(a) [R'+ c'bqll he inaLri'mEnl 4yr tbo rnrxusr rirr"n'i?q'pt rsr vswarssq b? r? rsr 'm??
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9 a.
allow materials, described as ?clutter,? to be stored on their property. The City of Henderson
defines ?Clutter" as any of the following: an accumulation of new or salvaged constmction
materials, salvaged metal, aluminum, plastic products, wooden or plastic pallets, tools
(working or nonworking), auto parts, furniture (in disrepair), appliances, televisions, broken
toys, inoperable lawn mowers, motorcycles or all terrain vehicles, shopping carts, bicycles in
disrepair or scattered around on the subi ect property, or any other like materials accumulated
in a disorderly. unsightly manner.
(b) Each owner of property in the city, abutting upon a public street, avenue, alley, or other
public thoroughfare, shall keep clean and free of uncut grass, weeds, or other growth, except
shade trees, the grass plot between the sidewalk and the curb line along his premises where
sidewalks are constructed, and, where pavements or sidewalks are not constmcted, the owner
of abutting property shall be and he is hereby required to keep the public street, avenue, alley,
or thoroughfare free from such growth for a distance not exceeding twelve (12) feet in front
of and adjoining this property line.
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PUBLICATION DATE: FIRST READ: 12/12/2017
SECONDREAD: 12/15/2017
ORDINANCENO. 69-17
ORDINANCEN0. 69-17 (CONT.)
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Sec. 15-47. - Enforcement proceedings.
The following requirements shall govern all enforcement proceedings before the code
enforcement board:
(l) Enforcementproceedingsshallonlybeinitiatedbytheissuanceofacitationbyacode
enforcement officer.
(2) Exceptwhenimmediateactionisnecessarypursuanttosectionl5-55ofthisarticle,when
a code enforcement officer, based upon personal observation or investigation, has
reasonable cause to believe that a person has committed a violation of a ci ty ordinance, the
code enforcement officer is authorized to issue a citation by one (l) of the following
methods:
a. Personal service to the alleged violator;
b. Leaving a copy of the citation with any person eighteen (18) years of age or older who
is on the premises, if the alleged violator is not on the premises at the time the citation
is issued;
c. Mailing a copy of the citation by regular, first-class mail to the last known recorded
mailing address of the alleged violator; or
d. If, in the exercise of reasonable diligence, the issuance of a citation using the methods
set out in paragraphs a. to c. of this subsection is not possible, then the citation is
properly served by posting a copy of the citation in a conspicuous place on the
premIses.
(3) When authorized by ordinance, a code enforcement officer may, in lieu of immediately
issuing a citation, give notice that a violation shall be remedied within a specified period of
time. If the person to whom the notice is given fails or refuses to remedy the violation
within the time specified, the code enforcement officer is authorized to issue a citation.
(4) The citation issued by the code enforcement officer shall contain the following
information:
a. The date and time of issuance;
b. The name and address of the person to whom the citation is issued;
C. The physical address of the premises where the violation occurred;
d. The date and time the offense was committed;
e. The facts constituting the offense;
f. The section(s) of the code or the number(s) of the ordinance violated;
g. The name of the code enforcement officer;
h. The civil fine that may be imposed for the violation, including, if applicable:
1. The civil fine that will be imposed if the person does not contest the citation; and
-2-
ORDINANCEN0. 69-17
ORDINANCEN0. 69-17 (CONT.)
2. The maximum civil fine that may be imposed if the person elects to contest the
citation;
1. The procedure for the person to follow in order to pay the civil fine or to contest the
citation;
J. A statement that the code enforcement officer has the authority to abate any and all
deficiencies contained in the citation with all charges and fees incurred by the city in
comiection with the enforcement of the ordinance billed to the owner.
k. A statement that if the person fails to pay the civil fine set forth in the citation or
contest the citation within the time allowed: the person shall be deemed to have waived
the right to a hearing before the code enforcement board to contest the citation; the
determination that the violation was cormnitted shall be final; the citation as issued
shall be deemed a final order determining that the violation was committed and
imposing the civil fine as set forth in the citation; and the person shall be deemed to
have waived the right to appeal the final order to Henderson District Court.
(5) Afterissuingacitationtoanallegedviolator,thecodeenforcementofficershallnotifythe
code enforcement board by delivering the citation to the board via email.
(6) Once a citation is issued, the code enforcement officer has the authority to abate any and
all deficiencies contained in the citation with all charges and fees incurred by the city in
connection with the enforcement of the ordinance billed to the owner.
(7) a. The person to whom the citation is issued shall respond to the citation within seven
(7) days of the date of issuance by either paying the civil fine set forth in the citation.
or abating the violation, or requesting, in writing, a hearing to contest the citation. If
the person fails to respond to the citation within seven (7) days, the person shall be
deemed to have waived the right to a hearing and the determination that a violation
was committed shall be considered final. In this event, the citation, as issued, shall be
deemed a final order determining that the violation was committed and imposing the
civil fine as set forth in the citation, and the person shall be deemed to have waived the
right to appeal the final order to Henderson District Court.
b. Notice of a final order shall be provided to the cited violator by:
1. Regular first-class mail;
2. Certified mail, return receipt requested;
3. Personal delivery; or
4. Leaving the notice at the person's usual place of residence with any individual
residing therein who is eighteen (18) years of age or older and who is informed of
the contents of the notice.
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.
-3-
ORDINANCEN0. 69-17
ORDINANCEN0. 69-17 (CONT.)
On first reading of the foregoing ordinance, it was moved by Commissioner
Staton , seconded by Commissioner Bugg , that the
ordinance be adopted on its first reading.
On roll call the vote stood:
Commissioner Vowels: AYE Commissioner Bugg: AYE
Commissioner Staton: AYE Mayor Austin: AYE
Commissioner Pmitt: AYE
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 Cormnissioner , that the
ordinance be adopted.
WHEREUPON, the vote was called. On roll call the vote stood:
Commissioner Vowels: Commissioner Bugg:
Commissioner Staton: Mayor Austin:
Commissioner Pmitt:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature
and the date and ordered that it be recorded.
Steve Austin, Mayor
Date:
ATTEST:
Maree Collins, City Clerk
O?
APPROVED AS TO Fl AND
LEGALITY THIS6-
,6 DAI
DAY OF
DECEMBER, 2017.
By: / /
" Dawn S. Ke
City Attorney
-4-
ORDINANCEN0. 69-17
City Commission Memorandum
17-274
December 13, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager #
SUBJECT: Ordinance Amending Zoning Ordinance Appendix A of the Code
of Ordinances - Signage
An item for the agenda of Friday, December 15fh, 2017 special called meeting, is
final reading of an ordinance amending Appendix A, Zoning, of the Code of Ordinances.
It was discovered that specifications for monument signs was inadvertently left
out of Gateway and Henderson Innovative Planning (HIP) Districts zoning regulations.
Adding Sec. 33.14 Signage, (5) - Permitted monument sign size and Sec. 34.06
Signage (5) - Permitted monument sign size detailing specific size of monument signs.
These changes were forwarded to the Planning Commission for review on
November 14, 2017, and approved by the Planning Commission at their regular meeting
of December s, 2017. Your approval of the attached ordinances is requested.
C: Brian Bishop
Dawn Kelsey
HCCGIS
MamalNl h FMun
Mappln@ the Fu{ure
Henderson City-County Planning Commission Brian Bishop, Executive Director, Al(J)
1990 Barret Ct. Suite C
bbishop@ hendersonplanning.org
Henderson, KV 42420 270-831-1289
December 6, 2017
Mayor Steve Austin
City Commissioners
Henderson Municipal Center
Henderson, KY 42420
ATTN: Russell Sights, City Manager
RE: Text Amendment Appendix "A" Zoning, Article XXXIII, Section 33.14, and
Article XXXIV, Section 34.06.
Please be advised on Tuesday, December s, 2017 the Henderson City-County Planning
Commission held a Public Hearing to consider the following:
> Amendments to City Zoning Ordinances -The Planning Commission consider
adopting size perimeters for signs in the Gateway Zone, Article XXXllli Section
33.14, and the Henderson Innovative Planning District (HIP), Article XXXIV,
Section 34.06 of the Zoning Ordinance.
ARTICLE XXXIII, SECTION 33.14 SIGNAGE
s. Permitted Monument sign size
a) Monument signs may be up to 8' in height and 8' wide (and may be
placed on a planting area no more than 2' in heiqht);
b) Plastic, metal or wood inserts may be used for business names;
c) Signs may not be backlit but may be lit with ground accent lighting.
1
Henderson City-County Planning Commission-1990 Barret Court, Suite C - 270-831-1289
www.hendersonplanning.org
HCCGl8
g
71
?mh@ tm fsmre
Mapping the Fulure
ARTICLE XXXIV, SECTION 34.06 SIGNAGE
s. Permitted Monument sign size;
a) Monument signs may be up to 6' in heiqht and 8' wide (and may be
placed on a planting area no more than 2' in heightl;
b) Plastic, metal or wood inserts may be used for business names;
c) Signs may not be backlit but may be lit with ground accent lighting.
PLANNING COMMISS?ON RECOMMENDATION- MOTION WAS MADE BYDAVID
DIXON, SECONDED BY GARY GIBSON TO MAKE A MOTION TO RECOMMEND TO
THE CITY AMENDING ARTICLE XXX///, SECTION 33. 14 AND ARTICLE mlV,
SECTION 34.06 TO ADOPT SIZE PERIMETERS FOR SIGNS /N THE GA TEWA Y
AND HIP DISTRICTS.
ALL IN FA VOR: A YE
OPPOSED: NONE
Attached is a copy of the transcript of the public hearing, and documents related to the
text amendment.
Respectfully submitted,
r
$-
Brian Bishop
Executive Director, AICP
Henderson City-County Planning Commission
BB/tgc
Cc: Dawn Kelsey
2
Henderson City-County Planning Commission-1990 Barret Court, Suite C a- 270-831-1289
www.hendersonplanning.org
AMENDMENTS TO CITY
ZONING ORDINANCES
O!-
Steve Aushi Mayor
Commissioners:
Patti Bugg l
Robert N. Pruitt Sr.
Bradley S. Staton
Austiii P. Vowels "CQe (fbitp of 4ertbers'on
l
p.o. Box 716
Henderson, Kentucky 42419-0716
Russell R. Sights, City Manager
Dawn S. Kelsey, City Attomey 1-lt:NDf:F!50N
Maxee Collins, City aerk ,,%AiJ=9%irhn:i
Donna Stinnett, Public Information Officer/ Community Relations Manager KtNaRjCKYHOMe
November 15, 2017
Mr. Brian Bishop, Executive Director
Henderson-Henderson County Planning Commission
1990 Barret Court, Suite C
Henderson, KY 42420
Dear Mr. Bishop:
At its meeting last night, the Board of Commissioners voted to request the Planning Commission consider
adopting size perimeters for signs in the Gateway Zone, Article XXXIII, Section 33.14, and the
Henderson Innovative Planning District (HIP), Article XXXIV, Section 34.06 of the Zoning Ordinance.
After discussion, and pursuant to direction of the Board of Commissioners at its meeting of November 14,
2017, you are hereby requested to initiate a revievv of the zoning ordinance to determine the
appropriateness of amending the ordinance to adopt size perimeters for signs in the Gateway and HIP
Districts and hold any necessary formal hearing for any necessary change to these sections pursuant to
Kentucky Revised Statute 100.211 .
Thank you for your cooperation and assistance.
'Jery, truly yours,
Russell R. Sights
City Manager
J
HeThdet";;M
Article XXXIII - Gateway Zone District (Phase#l )
Section 33.}4 Signage
Article X of the Zoning Ordinance applies, and the following additional district
signage regulations shall also apply:
1. Wall Signage.
a) Each business will be allowed (one) wall-mounted sign per street frontage, up to
1 0% of the surface area of the wall area;
2. Pedestrian Signage.
a) Pedestrian oriented signs are designed an4 intended for pedestrians to easily
read the signage of the business, as they stand on the sidewalk adjacent to the
business;
b) One (1) pedestrian oriented sign is permitted per business fronting Second
Street, in addition to existing on-site signage allowances of Article X;
c) Such pedestrian sign shall be either a projecting sign, an awning sign, or
attached to the faqade.
d) If the pedestrian sign is a wall or awning sign in type, it must not exceed eight
square feet in size.
e) Projecting Signage is allowed with the following conditions:
i. All signs shall comply with applicable provisions of the Kentucky Building
Code and the National Electrical Code adopted by the City of Henderson
it. The sign must not exceed sixteen (16) square feet in size;
iii. The sign shall not be placed lower than ten (10) feet above g;rade;
tv. The maximum height of the sign shall be sixteen (16) feet in height or
the bottom of the second floor window or wall, whichever is less;
v. The sign shall not project more than six (6) feet from the faqade of
the building;
vi. If the sign encroaches over a city sidewalk, an encroachment permit issued
by the City is required;
vii. No projecting sign may encroach over any roadway, public or private.
f) Signs in the public right-of-way, including sandwich board signs, are permitted as
per the requirements of Section 10.08 (d).
3. Permitted Sign Materials.
a) Masonry or monument signs;
b) Wood: painted, stained, or natural;
c) Metal;
d) Plastic, when used for individual letters and symbols only.
4. Prohibited Signs.
a) Po}e, pylon, and cabinet-type faqade signs are prohibited;
b) Flashing, traveling, animated, LED, or back-lit signs, of all types are prohibited;
c) Illuminated signs that cast any glare into any residential or mixed use residential unit
are prohibited.
s. Permitted Monument sign size
a) Monument signs may be up to 8' in height and 8' wide (and may be placed on a planting
area no more than 2' in height);
b) Plastic, metal or wood inserts may be used for business names;
c) Signs may not be backlit but may be Iit with ground accent Iighting.
Article XXXIV - Henderson Innovative Planning District
Smiou 34JJ5 S?
Article X of the Zoning Ordinance applies, and the following additional district signage regulations shall
also apply:
1, Wall Signage.
a) Each business will be allowed (one) wall-mounted sign per street frontage, up to 10% of
the surface area of the wall area;
2. Projecting Signage
Projecting Signage is allowed with the following conditions:
i. All signs shall comply with applicable provisions of the Kentucky Building Code and
the National Electrical Code adopted by the City of Henderson
it. The sign must not exceed sixteen (16) square feet in size;
iii. The sign shall not be placed lower than ten (10) feet above grade;
tv. The maximum height of the sign shall be sixtee?n (16) feet in height or the bottom of
the second floor window or wall, whichever is less;
v. The sign shall not project more than six (6) feet from the faqade of the building;
vi. If the sign encroaches over a city sidewalk, an encroachment permit issued by the
City is required;
vii. No projecting sign may encroach over any roadway, public or private.
3. Permitted Sign Materials.
a) Masonry or monument signs;
b) Wood: paiiited, staiiied, or natural;
c) Metal;
d) Plastic, when used for individual letters and symbols only.
4. Prohibited Signs.
a) Pole, pylon, and cabinet-type faqade signs are prohibited;
b) Flashing, traveling, animated, LED, or back-lit signs, of all types are prohibited;
c) Illuminated signs that cast any glare into any residential or mixed use residential unit are
prohibited.
s, Permitted Monument sign size
a) Monument signs may be up to 6' in height and 8' wide (and may be placed on a
planting area no more than 2' in height);
b) Plastic, metal or wood inserts may be used for business names;
c) Signs may not be backlit but may be Iit with ground accent Iighting.
Henderson City-County Planning Commission
December s, 2017 Minutes
Chairman McKee: Next on the agenda is Amendments to City Zoning
Ordinances. %s. Wayne, are you going to lead that discussion?
Claudia Wayne: Yes sir.
Chairman McKee: Please proceed.
Claudia Wayne: City Commission is requesting that the Planning
Commission consider adopting size perimeters for signs in the Gateway
Zone, Article XXXIII, Section 33.14, and the Henderson Innovative
Planning District (HIP), Article XXXIV, Section 34.06 of the Zoning
Ordinance. They left the size of the monuments that could be put in for
both of the Gateway and HIP District out, and so the City is requesting
that we do a size in the ordinance. We need to do the following;
GATEWAY DISTRICT:
ARTICLE XXXIII, SECTION 33.14 SIGNAGE
s. Permitted Monument sign size
a) Monument signs may be up to 8' in height and 8' wide
(and may be placed on a planting area no more than 2' in
height):,
b) Plastic, metal or wood inserts may be used for business
names;
c) Signs may not be backlit but may be lit with ground accent
lighting,
1
HIP DISTRICT:
ARTICLE XXXIV, SECTION 34.06 SIGNAGE
s. Permitted Monument sign size:,
a) Monument signs may be up to 6' in height and 8' wide (and
may be placed on a planting area no more than 2' in height);
b) Plastic, metal or wood inserts may be used for business
names:,
c) Signs may not be backlit but may be lit with ground accent
lighting.
These measurements are the maximum that are being put in here. Ray
and John are here from the Code' s Department if any of you all have any
questions.
Chairnnan McKee: First of all, are there any questions for Staff?
David Dixon: The Gateway Zone for example would be the 2nd Street
Corridor?
Brian Bishop: That is correct sir. It is from Ingram Street to the old 2nd
Street overpass, roughly one lot back.
David Dixon: And the HIP District is a portion of South Main, is that
correct'?
Brian Bishop: That's correct.
Mac Arnold: How much of these are from normal size requirements that
we have?
Brian Bishop: Probably a question best for Ray or John.
2
Chairman McKee: John, would you please state your name and address
for the record.
John Stroud: Ray and John.
Chairman McKee: For the record.
John Stroud: John Stroud
Chairman McKee: You swear that the statement you are about to make
are the tmth to the best of your knowledge?
John Stroud: Yes sir.
Chairman McKee: Please proceed.
John Stroud: Mac, different zones have different signs, like Highway
Commercial has up to 100 square feet, 30 feet tall,, General Business is
75 square feet. What the Gateway and the HIP District are for is to
aesthetically pleasing look. Monument signs are signs that basically are
normally brick or wood that would apply to taller accents. It's a little bit
classier sign. So, with the HIP District being surrounded by more
residential, we choose a little bit shorter the 6 foot instead of an 8 foot,
which is in Gateway. Gateway lends itself more toward the commercial
corridor, so we felt like that would be better. Now, none of the signs can
be on the public right-of-way. So they will all be on the back of the
sidewalk of the home property of which they are going to be identified
here. It came up that someone that's wanting to put a sign up in one of
the two districts, and of course we go through our routine of looking for
this, looking for that and when we did the two districts about the type of
signage we used, we never put a size for the signs in there. It said you
could have a monument sign, but it didn't say what size you could have.
That's what we are trying to do is put a size in there now.
3
Chairman McKee: Any further questions for Mr. Stroud or Mr. Nix?
Mac Arnold: Thank you.
Chairman McKee: We thank you gentlemen. Is there anyone else that
would like to speak to the issue of these amendments? This will be a
recommendation to the City, correct7
Theresa Curtis: Yes.
Chairman McKee: Seeing no one, that wishes to speak, the chair will
entertain a motion.
MOTION WAS MADE EY DAVID DIXON, SECONDED EY GARY
GIESON TO RECOMMEND TO THE CITYAMENDMENTS TO
THE CITY ZONING ORDINANCES ADOPTING SIZE
PERIMETERS FOR SIGNS IN THE GA TE WA Y ZONE, AR TICLE
XXXIII, SECTION 33.14, AND THE HENDERSON INNO VA TIVE
PLANNING DISTRICT (HIP), ARTICLE XXXIV, SECTION 34. 06
OF THE ZONING ORDINANCE.
ARTICLE XXXIII, SECTION 33.14 SIGNAGE
s. Permitted Monument sign size
a) Monument signs may be up to 8' in height and 8' wide
(and may be placed on a planting area no more than 2' in
height);
b) Plastic, metal or wood inserts may be used for business
names;
c) Signs may not be backlit but may be lit with ground accent
lighting.
ARTICLE XXXIV, SECTION 34.06 SIGNAGE
4
s. Permitted Monument sign size;
a) Monument signs may be up to 6' in height and 8' wide (and
may be placed on a planting area no more than 2' in heightl;
b) Plastic, metal or wood inserts may be used for business
names:,
c) Signs may not be backlit but may be lit with ground accent
lighting.
Chairman McKee: We have a motion, and a second. Any discussion?
Madame Clerk, would you please call the roll?
ALL IF FAVOR: AYE
OPPOSED: NONE
Chairman McKee: Motion is approved, and the recommendation will go
forward. The Chair will entertain a motion to come out of the public
hearing.
s
ORDINANCE No. 68-1 -i
ORDINANCE AMENDING ZONING ORDINANCE APPENDIX A OF THE CODE OF
ORDINANCES OF THE CITY OF HENDERSON
SUMMARY: AN ORDINANCE AMENDING ZONING ORDINANCE APPENDIX A OF
THE CODE OF ORDINANCES OF THE CITY OF HENDERSON- ARTICLE
XXXIII - GA TEWAY ZONE DISTRICT SECTION 33.14 SIGNA GE AND
ARTICLE XXXIV - HENDERSON INNOVA TIVE PLANNING DISTRICT
SECTION 34.06 SIGNAGE
WHEREAS, monument signs are allowable in both the Gateway Zone and the
Henderson Innovative Planning District, but the zoning ordinance did not give perimeters for the
slgns;
WHEREAS, the Henderson - Henderson County Planning Cornrnission
(?'Planning Comrnission?) held a Public Hearing on the proposed amendments to the Gateway
Zone District and the Henderson Imnovative Planning signs provision, after which, the Planning
Comrnission voted to recommend the changes to Sections 33.14 and 34.06 of Zoning Ordinance
Appendix A of the Code of Ordinances of the City of Henderson;
NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky,
that is hereby Zoning Ordinance Appendix A Of The Code Of Ordinances Of The City Of
Henderson- Article XXXIII - Gateway Zone District Section 33.14 Signage And Article
XXIV- Henderson Innovative Planning District Section 34.06 Signage is herby amended as
follows:
Article XXXIII - Gateway Zone District (Phase#l )
Section 33.14 Signage
Article X of the Zoning Ordinance applies, and the following additional district
signage regulations shall also apply:
1. Wall Signage.
a) Each business will be allowed (one) wall-mounted sign per street frontage, up to
1 0% of the surface area of the wall area;
2. Pedestrian Signage.
a) Pedestrian oriented signs are designed and intended for pedestrians to easily
read the signage of the business, as they stand on the sidewalk adjacent to the
business;
b) One (l) pedestrian oriented sign is permitted per business fronting Second
Street, in addition to existing on-site signage allowances of Article X;
PUBLICATION DATE: FIRST READ: 12/12/2017
SECOND READ: 12/15/2017
ORDINANCEN0. 68-17
ORDINANCEN0. 68-17 (CONT.)
c) Such pedestrian sign shall be either a projecting sign, an awning sign, or
attached to the faqade.
d) If the pedestrian sign is a wall or awning sign in type, it must not exceed eight
square feet in size.
e) Projecting Signage is allowed with the following conditions:
i. All signs shall comply with applicable provisions of the Kentucky Building
Code and the National Electrical Code adopted by the City of Henderson
it. The sign must not exceed sixteen (16) square feet in size;
iii. The sign shall not be placed lower than ten (10) feet above grade;
tv. The maximum height of the sign shall be sixteen (16) feet in height or
the bottom of the second floor window or wall, whichever is less;
v. The sign shall not project more than six (6) feet from the faqade of
the building;
vi. If the sign encroaches over a city sidewalk, an encroachment permit issued
by the City is required;
vii. No projecting sign may encroach over any roadway, public or private.
ty Signs in the public right-of-way, including sandwich board signs, are permitted
as per the requirements of Section 10.08 (d).
3. Permitted Sign Materials.
a) Masonry or monument signs;
b) Wood: painted, stained, or natural;
c) Metal;
d) Plastic, when used for individual letters and symbols only.
4. Prohibited Signs.
a) Pole, pylon, and cabinet-type faqade signs are prohibited;
b) Flashing, traveling, animated, LED, or back-lit signs, of all types are prohibited;
c) Illurninated signs that cast any glare into any residential or mixed use residential
unit are prohibited.
s. Perrnitted Monument sign size
a) Monument signs may be up to 8' in height and 8' wide (and may be placed on a
planting area no more than 2' in height);
b) Plastic, metal or wood inserts may be used for business names,
c) Signs may not be backlit but may be lit with ground accent lighting.
Article XXXIV - Henderson Innovative Planning District
Section 34.06 Si na e
Article X of the Zoning Ordinance applies, and the following additional district signage
regulations shall also apply:
1. Wall Signage.
2
ORDINANCEN0. 68-17
ORDINANCEN0. 68-17 (CONT.)
a) Each business will be allowed (one) wall-mounted sign per street frontage, up
to 1 0% of the surface area of the wall area;
2. Projecting Signage
Projecting Signage is allowed with the following conditions:
1. All signs shall comply with applicable provisions of the Kentucky Building
Code and the National Electrical Code adopted by the City of Henderson
it. The sign must not exceed sixteen (16) square feet in size;
iii. The sign shall not be placed lower than ten (10) feet above grade;
tv. The maximum height of the sign shall be sixteen (16) feet in height or the
bottom of the second floor window or wall, whichever is less;
v. The sign shall not project more than six (6) feet from the fagade of the building;
vi. If the sign encroaches over a city sidewalk, an encroachment permit issued
by the City is required;
vii. No projecting sign may encroach over any roadway, public or private.
3. Permitted Sign Materials.
a) Masonry or monument signs;
b) Wood: painted, stained, or natural;
c) Metal;
d) Plastic, when used for individual letters and symbols only.
4. Prohibited Signs.
a) Pole, pylon, and cabinet-type faqade signs are prohibited;
b) Flashing, traveling, animated, LED, or back-lit signs, of all types are prohibited;
c) Illuminated signs that cast any glare into any residential or mixed use
residential unit are prohibited.
s. Perrnitted Monument sign size
a) Monument signs may be up to 6' in height and 8' wide (and may be placed on a
planting area no more than 2' in height),
b) Plastic, metal or wood inserts may be used for business names;
c) Signs may not be backlit but may be lit with ground accent lighting.
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 Comrnissioner
Bugg , seconded by Cornmissioner Pruitt , that
the ordinance be adopted on its first reading.
3
ORDINANCEN0. 68-17
ORDINANCEN0. 68-17 (CONT.)
On roll call the vote stood:
Commissioner Vowels: AYE Comrnissioner Bugg: AYE
Cornrnissioner Staton: AYE Mayor Austin: AYE
Comrnissioner Pruitt: AYE
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
Cornmissioners.
On second reading of the ordinance, it was moved by Commissioner
, seconded by Cormnissioner , that
the ordinance be adopted.
WHEREUPON, the vote was called. On roll call the vote stood:
Commissioner Vowels: Cornmissioner Bugg:
Comrnissioner Staton: Mayor Austin:
Comrnissioner Pmitt:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his
signature and the date and ordered that it be recorded.
Steve Austin, Mayor
Date:
ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND
LEGALITYTHIS .?A? DAYOF
DECEMBER, 2017.
By: '?,t--t,
Dawn S. Kelsey
City Attorney
4
ORDINANCEN0. 68-17
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