Board of Commissioners Meeting Tuesday, September 12, 2017

City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, September 12, 2017

Municipal Center Third Floor Assembly Room 222 First Street 5:30 P.M. AGENDA

1. Invocation: Father Rich Martindale, St. Paul's Episcopal Church

2. Roll Call: ,., .) . Recognition of Visitors:

4. Appearance of Citizens:

5. Proclamations:

6. Presentations: Donna Stinnett, PIO/CRM, Communication with Public

Employee Service Award- Glen Oats, 35 years

Buzzy Newman, HWU, Countryview Subdivision Update

7. Public Hearings:

8. Consent Agenda:

Minutes: August 22, 2017 Regular Meeting

August 25, 2017 Called Meeting

Resolutions:

9. Ordinances & Resolutions:

Second Readings:

First Readings: Ordinance Relating to Fire Prevention

Ordinance Amending Sewer Use Ordinance

Ordinance Related to Community Development

Resolutions: Resolution Authorizing City Community Development Specialist to Serve as Local Administrator for Grant Programs

Please mute or turn off all cell phones for the duration of this meeting. 10. Municipal Orders: Municipal Order Establishing Rate Structure for the Residual/CDD Landfill

Municipal Order Authorizing Lease between the City of Henderson, Henderson Water Utility, and Habitat for Humanity of Henderson, Kentucky, Inc.

Municipal Order Authorizing Pocket Park Lease

Municipal Order Approving Recycling Through September 30, 2018 for Commercial Businesses

11. Bids & Contracts: Municipal Order Awarding Bid for 16 Cubic Yard Refuse Packer

Municipal Order A warding Bid for Small Size SUV

12. Unfinished Business:

13. City Manager's Report: Rezonings #1075 -Along Constanza Drive, North of Wolf Hills Blvd. and West of Wathen Lane; and #1077 with Narrative Development Plan - Players Club Golf Course

Request for Placement of a Flag Pole to Commemorate Centennial

13. Commissioners' Reports:

14. Appointments:

15. Executive Session:

17. Miscellaneous: Review and Discussion of Code of Ordinances- Chapter 14, Garbage and Refuse

18. Adjournment

Please mute or turn off all cell phones for the duration of this meeting. City Commission Memorandum 17-194

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Presentations

There are three items scheduled under the Presentations section of the agenda for Tuesday, September 1ih.

1. Donna Stinnett, Public Information Officer/Community Relations Manager, will discuss communication with the public.

2. Glen Oats, School Crossing Guard, will be in attendance to receive his 35- year service pin from Mayor Austin.

3. Buzzy Newman, Director of Field Operations at Henderson Water Utility, will give an update on HWU' s plans for the Countryview subdivision. City Commission Memorandum 17-193

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Consent Agenda

The Consent Agenda for the meeting of September 12, 2017, contains the following:

Minutes: August 22, 2017 Regular Meeting

August 25, 2017 Called Meeting 167 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A regular Meeting on August 22, 2017

INVOCATION was given by Lieutenant Jason Quinn, Salvation Army, followed by recitation of the Pledge of Allegiance to our American Flag.

There were present Mayor Steve Austin presiding:

PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels

ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mr. Ray Nix, Code Administrator Mr. John Stroud, Code Enforcement Officer Mr. Scott Foreman, Fire Chief Mrs. Connie Galloway, Human Resource Director Mr. Trace Stevens, Parks & Recreation Director Mr. Dylan Ward, Project Manager Mrs. Lynn Drew, Executive Assistant Mr. Brian Bishop, Planning Commission Executive Director Ms. Angela Hagedorn, Humane Society of Henderson County Executive Director Mr. Rob Toerne Mr. Sean Wilder Mr. Doug Laramie Mr. David Osborn Lieutenant Jason Quinn, Salvation Army Ms. Erin Schmitt, the Gleaner Ms. Chelsea Koerber, 44 News, and Cameraman Mr. Mike Richardson, Police Reserve Officer

MAYOR AUSTIN stated that this was the first meeting to be broadcast on Spectrum Cable channel 200.

PRESENTATION: Humane Society of Henderson County

ANGELA HAGEDORN, Humane Society of Henderson County Executive Director and Animal Control Director, presented the 2016-2017 Year End Report. She reported that the last year was a restructuring and reorganization year at the Humane Society with her appointment as Executive Director overseeing the animal control contract with the City and the County as well as the Humane Society side of the program; other staffing appointments include-Bridgett Kilgore as Shelter Manager; Katie Crooks, Chief Animal Control Officer; Jonathan Oakley was hired as Animal Control Officer and has completed on-the-job training as well as euthanasia certification. All policies have been reviewed and updated as necessary and are available for public review upon request. She indicated that Chief Crooks developed BARK-Building Animal Responsibility and Knowledge, for those people that receive animal control citations that are not abuse or neglect related. The Program is a way to better educate pet owners on their responsibilities. Currently there are plans to do some outreach programs to better educate the community on responsible pet ownership. The shelter took in a total of 1,342 animals as follows: 736 cats, 556 dogs, 1 chicken, 3 guinea pigs, 2 pigs, 23 rabbits and 4 rats. The euthanasia rate for the shelter is 14%, one of the lowest rates in Kentucky. Euthanasia is used only when necessary of injured or vicious animals. The shelter was able to return four cats and 140 dogs to their owners. Animal Control went on 788 runs, and 104 on-call or after-hours runs; and seized 38 animals due to abuse and neglect. She noted that she is working with all of the 168 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on August 22, 2017

local vets to make sure that all of the animals are serviced locally. She further indicated that she was working with Green River Area Development District to apply for a grant to assist with a program to spay and neuter community (feral) cats as they are important to help control the rodent population, which in tum helps control the insect population. The Program will also include public awareness and education to participate in trapping and processing the cats. She indicated that the average lifespan of a community cat is seven years and in that time a single pair of cats and their kittens could produce as many as 420,000 kittens.

When asked about opossums, skunks and raccoons, she indicated that they are not Permitted to handle wildlife and that citizens should contact the Kentucky Fish and Wildlife or some other type of wildlife certified person to address those issues. There are some local persons and the shelter has contact info for them.

APPROVAL OF CONSENT AGENDA:

MAYOR AUSTIN asked the City Clerk to read the Consent Agenda.

Minutes: August 8, 2017, Regular Meeting

August 16, 2017, Special Called Meeting

Motion by Commissioner Staton, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: August 22, 2017 Maree Collins, City Clerk

ORDINANCE NO. 45-17: SECOND READ ORDINANCE RELATING TO ANIMALS AN ORDINANCE AMENDING CHAPTER 6, ANIMALS, SECTION 6-6, USE OF LIVE ANIMALS FOR PRIZES, AWARDS OR GAMING PROHIBITED, SUBSECTION G; SECTION 6-7, DOGS AND ANIMALS PROHIBITED FROM AREAS OF SPECIAL COMMUNITY EVENTS, SUBSECTION B; SECTION 6-25, IMPOUNDMENT, SUBSECTIONS A, B AND C; AND SECTION 6-26, ANIMAL SHELTER; WARDENS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted.

DAWN KELSEY, City Attorney, indicated that Ms. Hagedorn was very helpful in assisting with the review and recommended changes for this ordinance.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: 169 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A regular Meeting on August 22, 2017

Commissioner Staton ----- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: August 22, 2017 Maree Collins, City Clerk

ORDINANCE NO. 46-17: SECOND READ ORDINANCE PERTAINING TO CODE ENFORCEMENT FINES AN ORDINANCE AMENDING CODE ENFORCEMENT ORDINANCE FINE SCHEDULE

MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------Aye: Mayor Austin ------Aye:

ORDINANCE NO. 47-17: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN BRAXTON PARK SUBDIVISION, SECTION 2A

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

RUSSELL R. SIGHTS, City Manager, indicated that all of the necessary approvals from the City Engineering division were in order and the Planning Commission has recommended acceptance of the improvements as presented.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------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. 170 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on August 22, 2017

ORDINANCE NO. 48-17: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED ON GARFIELD STREET, KNOWN AS THE WARM RESIDENCES II

MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------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.

ORDINANCE NO. 49-17: FIRST READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE RELATING TO ARTICLE 214-PAY PLAN, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON TO CLARIFY THE HAZARDOUS DUTY PAY PLAN

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.

CONNIE GALLOWAY, Human Resources Director, indicated that this amendment is recommended in order to better clarify the Hazardous Duty Pay Plan that was previously implemented. The amendment clarifies that some steps are 12 months and others are 24 months and that the Pay Plan methodology is applied the same way for all the people all of the time.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------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.

ORDINANCE NO. 50-17: FIRST READ ORDINANCE RELATED TO THE FARMERS' MARKET AN ORDINANCE REPEALING CHAPTER 11.5 FARMERS' MARKET ARTICLE II, GREEN RIVER VALLEY FARMERS' MARKET, SECTION 11.5-16 THRU 11.5-29 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. 171 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A regular Meeting on August 22, 2017

MAYOR AUSTIN, indicated that this is a result of ordinance review and is removing the section as this organization is no longer in existence.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------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.

ORDINANCE NO. 51-17: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE XX, CBD, CENTRAL BUSINESS DISTRICT, SECTION 20.3 CONDITIONAL USES AND ARTICLE XXXIII, GATEWAY ZONE DISTRICT (PHASE #I), SECTION 33.06 PERMITTED USES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

COMMISSIONER VOWELS recused himself from the vote as he is personally involved with a group that has been exploring an opportunity related to this change.

DAWN KELSEY, City Attorney, reported that this was originated by this Board to have the Planning Commission review and make recommendation on necessary changes to allow craft distilleries and microbreweries as a conditional use in the Central Business District and/or the Gateway Zone. As a conditional use, it would go before the Board of Zoning Adjustment for approval along with any necessary conditions for the operation of these businesses in those districts.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Abstain: Commissioner Staton ----- Aye: Commissioner Pruitt ------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.

ORDINANCE NO. 52-17: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE VI, ADMINISTRATION, ENFORCEMENT, AND VIOLATIONS, SECTION 6.07 SITE PLAN OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

BRIAN BISHOP, Planning Commission Executive Director, indicated that on August 15th the Planning Commission voted to amend the City's Zoning Ordinance regarding site plans. This change will make the site plan approval process more efficient because it gives the Planning 172 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on August 22, 2017

Commission more discretion on site plans that are of minimum impact to the community. For example, if someone were to propose a quadplex on Roosevelt Street, the Planning Commission could work in conjunction with Code Enforcement staff so that would be handled on a smaller scale through the Board of Zoning Adjustment and with Code Enforcement so that it would not be required to come before the full Planning Commission and require the applicant to add more time to the project. The Planning Commission would still hear projects that have much more of an impact on traffic, say on Green Street or on US 41. He indicated that this would be used more for commercial site plan review such as the new building that is going up near the movie theater for Wings Etc. That was an existing lot of record, the zoning was correct, the drainage had already been incorporated in the original subdivision design so in that instance it was overkill to send it to the full Planning Commission.

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------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.

ORDINANCE NO. 53-17: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE XV, PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 15.01 STATEMENT OF PURPOSE, AND SECTION 15.03 AREA REQUIREMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

DAWN KELSEY, City Attorney, reported that this was also originated by this Board to have the Planning Commission review and make recommendation on changes on parking requirements in the Planned Unit Development District. This amendment will allow the Planning Commission more flexibility in the location of parking in the Planned Unit Development District.

MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------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. 173 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A regular Meeting on August 22, 2017

ORDINANCE NO. 54-17: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE IV, GENERAL PROVISIONS, SECTION 4.09 OBSTRUCTIONS TO VISION AT STREET INTERSECT/ON ON CORNER LOTS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

JOHN STROUD, Code Enforcement Officer, indicated that a few years ago during the revisions to the zoning ordinance several new zones were created including the Audubon Commercial Zone, the Henderson Innovative Planning District, the Gateway Zone and the Riverfront-2 Zone. Most of the Riverfront-2 Zone had previously been a part of the Central Business District where structures are pushed to the front and/or front comer of the property to give that home-town, downtown feel. When those zones were implemented the site triangle requirements were inadvertently left at 30 feet from right-of-way on a comer, so this amendment is to clean that up by adding Audubon Commercial, Henderson Innovative Planning District, Gateway and Riverfront-2 Zones to the existing Central Business District where the site triangle requirement does not apply.

DISCUSSION WAS HELD regarding that Audubon Residential District allows buildings that were previously built for commercial use, to continue to be used for commercial purpose with no parking restrictions, to encourage sustainable walkable neighborhoods.

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------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 39-17: RESOLUTION TO RETAIN DAVID A. PIKE, PIKE LEGAL GROUP, PLLC, TO PROVIDE LEGAL SERVICES FOR THE CITY OF HENDERSON FOR PLANNING AND ZONING MATTERS

DAWN KELSEY, City Attorney, indicated that it was common for the City to retain attorneys from time to time when specialized expertise is required. Mr. Pike and his firm will be on retainer, on an hourly fee basis, if the City should have any planning or zoning issues arise.

MOTION by Commissioner Bugg, seconded by Commissioner Staton, to adopt the resolution authorizing retaining David A. Pike, Pike Legal Group, PLLC, of Shepherdsville, Kentucky to provide legal services for the City for planning and zoning matters; and authorizing the Mayor to enter into an Agreement between the City and Mr. Pike.

RUSSELL R. SIGHTS, City Manager, stated that Mr. Pike is certainly a reputable expert in planning and zoning matters in Kentucky, if not broader than that and believes that we are fortunate to be able to retain him when we need that kind of assistance. 174 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on August 22, 201 7

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: August 22, 2017 Maree Collins, City Clerk

MAYOR AUSTIN reported that about a month ago we received a request for placement of a plaque in the riverfront area for a citizen that had been very instrumental in providing opportunities and really helping on some projects in this community and that we would like this to be a surprise for the person so the name of the person is being withheld at this time.

DAWN KELSEY, City Attorney, indicated that after the presentation an amended municipal order would be brought forth so that the name will be reflected in the records.

MUNICIPAL ORDER 39-17: MUNICIPAL ORDER TO PLACE A PLAQUE FOR CONTRIBUTIONS TO THE RIVERFRONT REDEVELOPMENT PROJECT

MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to approve the placement of a plaque at the Vistaview Overlook riverfront area to recognize a community member's contribution to the Riverfront Redevelopment Project.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: August 22, 2017 Maree Collins, City Clerk

REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapters 12 and 13

DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended revisions for Chapter 12 Fire Prevention - Article I - In General, Section 12-3, Appeal process - change Board of Housing to Code Enforcement Board to hear appeals; Section 12-21 Definitions, Hazardous substance - MSDA should be MSDS for material safety data sheet; Section 12-26, Response, - change 'existing preplanning' to 'Mutual Aid' agreements to follow state law and current practice; and Section 12-27, Costs recovery - add language to authorize recovery of expenditures and any penalties paid by the City, to include Henderson Water Utility, relating to a hazardous material incident and not just fire department expenditures. 175 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A regular Meeting on August 22, 201 7

BRIAN BISHOP, Planning Commission Executive Director, gave a brief review of the Flood Damage Prevention ordinances. He indicated that our current Flood Damage Prevention ordinance was passed in March of 2013 when new flood maps were adopted. He continued that we currently participate in the National Flood Insurance Program which requires us to have a Flood Damage Prevention ordinance to help prevent damage during large flooding events. He stated that there was a committee that reviewed and updated the model ordinance to make it more relevant to what we do which consisted of: Kathy Farrell, Planning Commission Executive Director; Bill Hubiak, County Engineer; Randy Tasa, County Codes Administrator; Buzzy Newman, Assistant City Manager; Doug Boom, City Engineering; Don Summers, City Codes, John Stroud, City Codes; myself; Ken Ferry and Tom Williams, ofHWU. Recently, staff met to review the ordinance. It is our recommendation that we not amend the Flood Damage Prevention ordinance at this time. We feel that it is still accurate and also it would require any changes to be forwarded to the Division of Water and FEMA for review and approval. It is the consensus of staff that it is working well and therefore no changes are recommend.

CITY MANAGER'S REPORT:

RUSSELL R. SIGHTS, City Manager, indicated that he had three items to report. 1) There will be no work session on September 19th and the items of topic including parking will be brought forward on the regular meeting of September 26t\ 2) Even though it was an unusual day yesterday with the eclipse and the traffic issues, I want to compliment our law enforcement people on the way they handled traffic control and planned ahead for the extremely heavy traffic in our community; and 3) There is need to set a time for the special called meeting on Friday, August 25th.

DISCUSSION WAS HELD on if only one or more of the ordinances would be brought forward for second reading-all eight second readings will be brought forward; and 9:00 a.m. was suggested-all concurred and 9:00 a.m., Friday, August 25, 2017 was set as the time and date for the special called meeting.

COMMISSIONERS REPORT:

MAYOR AUSTIN indicated that Commissioner Bugg has agreed to chair the Recycling Advisory Committee that will schedule their first meeting in the next couple of weeks.

COMMISSIONER VOWELS indicated that he and Commissioner Staton attended the City-County Cooperative Study Team meeting earlier in the day and that the City and County continue to have a good working relationship. He asked that any citizen with any City/County issues contact either he or Commissioner Staton to bring those issues to the Cooperative Study Team.

MAYOR AUSTIN thanked Commissioner Vowels for chairing that committee and indicated that a multitude of joint issues is addressed by that group and that he appreciates Commissioner Vowels and Commissioner Staton for their work on that committee.

MAYOR AUSTIN reported that there were funds left over on the Second Street Sidewalk Project and there were two significant opportunities to use those funds on this year. One of those projects is on North Main Street where several trip hazards caused by tree roots and other things cracking the sidewalk panels have been identified. The other project is South Main Street from Yeaman A venue to Drury Lane, but there is an opportunity to apply for grant funding for that project and this money would only do about one-third of that project. He stated that at this time, his suggestion is to proceed with the North Main Street Sidewalk Project on both sides of the street between Fifth and Twelfth Streets and then apply for grant funding for the South Main Street Sidewalk Project. 176 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on August 22, 201 7

DISCUSSION WAS HELD on the amount of remaining funds; the cost estimate for the South Main Street Project; the patented equipment/technology for the concrete repair to be completed on North Main Street; that in addition to the grinding, several panels would need to be replaced; the cost estimate to replace/upgrade the ADA ramps, to current standards, on North Main Street; replacement/upgrade of the ADA ramps is not required until the street is repaved; and that the grinding is very loud and possibly notifying the residents before work commences.

COMMISSIONER STATON added that in the past three weeks he has had four or five concerned citizens contact him regarding communication between the City and the public. He indicated that he knows the City does a great job already, but asked ifwe can focus even more on communication with the citizens.

RUSSELL R. SIGHTS, City Manager, reported that a presentation relating to that is 1 scheduled for the next regular meeting on Tuesday, September 12 h.

COMMISSIONER PRUITT reported that he had received calls regarding the new LED lighting system that is being installed by Henderson Municipal Power & Light. Ms. Bobbie Jarrett, Housing Authority of Henderson County Executive Director, relayed to him that HMPL had moved several lights and redirected others and in her opinion it is darker now than before in certain areas. Commissioner Pruitt indicated that he and Ms. Jarrett would be attending the next Utility Commission Board meeting to discuss the issue.

MAYOR AUSTIN reminded everyone of the Special Called meeting scheduled for 9:00 a.m. Friday morning.

MEETING ADJOURN:

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adjourn the meeting.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------Aye: Mayor Austin ------Aye:

WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 6:25 p.m.

ATTEST: Steve Austin, Mayor September 12, 2017 Maree Collins, City Clerk 177 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on August 25, 2017

A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Friday, August 25, 2017, at 9:00 a.m., prevailing time, in the second floor Conference 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.

ABSENT: Commissioner Patti Bugg

ALSO PRESENT: Mr. Russell R. Sights, City Manager Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mrs. Lynn Drew, Executive Assistant Mr. Jesse Martin, Fire Lieutenant, Local 2290 Union President Mr. Jacob O'Nan, Firefighter Mr. Rob Toeme Mr. Sean Wilder News44

ORDINANCE NO. 47-17: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN BRAXTON PARK SUBDIVISION, SECTION 2A

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.

MAYOR AUSTIN indicated that these have been inspected by City Engineering and are approved and recommended for acceptance by the Planning Commission.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------Aye: Mayor Austin ------Aye:

ORDINANCE NO. 48-17: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED ON GARFIELD STREET, KNOWN AS THE WARM RESIDENCES II 178 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on August 25, 2017

MAYOR AUSTIN noted that these have been built to city subdivision standards and have been inspected and approved and are recommended for acceptance.

MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------Aye: Mayor Austin ------Aye:

ORDINANCE NO. 49-17: SECOND READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE RELATING TO ARTICLE 214-PAY PLAN, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON TO CLARIFY THE HAZARDOUS DUTY PAY PLAN

MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels-·· Aye: Commissioner Staton ---·· Aye: Commissioner Pruitt--·--- Aye: Mayor Austin ---··-·------Aye:

ORDINANCE NO. 50-17: SECOND READ ORDINANCE RELATED TO THE FARMERS' MARKET AN ORDINANCE REPEALING CHAPTER 11.5 FARMERS' MARKET ARTICLE II, GREEN RIVER VALLEY FARMERS' MARKET, SECTION 11.5-16 THRU 11.5-29 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

COMMISSIONER VOWELS noted that this is being repealed because it is no longer used as that entity no longer exists. 179 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on August 25, 2017

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton----- Aye: Commissioner Pruitt ------Aye: Mayor Austin ------Aye:

COMMISSIONER VOWELS recused himself from the vote as he is personally involved with a group that has been exploring an opportunity related to this change.

ORDINANCE NO. 51-17: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE XX, CBD, CENTRAL BUSINESS DISTRICT, SECTION 20.3 CONDITIONAL USES AND ARTICLE XXXIII, GATEWAY ZONE DISTRICT (PHASE #1), SECTION 33.06 PERMITTED USES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.

COMMISSIONER PRUITT stated that when people decide to spend their own money and invest like this that we should do all we can to help them along the way.

MAYOR AUSTIN agreed and wished them well on their venture.

The vote was called. On roll call, the vote stood:

Commissioner Bugg------Absent: Commissioner Vowels --- Abstain: Commissioner Staton----- Aye: Commissioner Pruitt------Aye: Mayor Austin ------Aye:

ORDINANCE NO. 52-17: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE VI, ADMINISTRATION, ENFORCEMENT, AND VIOLATIONS, SECTION 6.07 SITE PLAN OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. 180 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on August 25, 2017

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt------Aye: Mayor Austin------Aye:

ORDINANCE NO. 53-17: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE XV, PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 15.01 STATEMENT OF PURPOSE, AND SECTION 15.03 AREA REQUIREMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton----- Aye: Commissioner Pruitt ------Aye: Mayor Austin------Aye:

ORDINANCE NO. 54-17: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE lV, GENERAL PROVISIONS, SECTION 4.09 OBSTRUCTIONS TO VISION AT STREET INTERSECTION ON CORNER LOTS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton----- Aye: Commissioner Pruitt ------Aye: Mayor Austin ------Aye: 181 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on August 25, 2017

MEETING ADJOURN:

MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adjourn the meeting.

The vote was called. On roll call, the vote stood:

Commissioner Bugg ------Absent: Commissioner Vowels --- Aye: Commissioner Staton----- Aye: Commissioner Pruitt------Aye: Mayor Austin------Aye:

WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 9:14 a.m.

Steve Austin, Mayor ATTEST: September 12, 2017

Maree Collins, City Clerk City Commission Memorandum 17-195

September 8, 2017

TO: Mayor Steve Austin and the Board of Co~issioners

FROM: Russell R. Sights, City Manager ~:}~

SUBJECT: Ordinance Relating to Fire Prevention

An item for the agenda of Tuesday, September 12, 2017, is first reading of an ordinance amending Chapter 12, Fire Prevention, of the Code of Ordinances.

During ordinance review, discussion was held regarding amending the following sections:

Sec. 12-3, Appeal process, amending reference to board of housing and appeals as that board has been eliminated, to Code Enforcement Board.

Sec. 12-21, Definitions, amending MSDA to MSDS (material safety data sheet).

Sec. 12-26, Response, amending to include reference to the Mutual Aid agreement.

Sec. 12-27, Costs recovery, amending to include reference to street, sidewalk, right of way, storm drain system, sewer system water of the State, or private lands; and to include the Henderson Water Utility or any other City agency.

Your approval of the attached ordinance is requested. ORDINANCE NO. ----

ORDINANCE RELATING TO FIRE PREVENTION

SUMMARY: ORDINANCE AMENDING CHAPTER 12, FIRE PREVENTION, SECTION 12-3, APPEALS PROCESS TO CHANGE THE APPEAL OF A FIRE CODE OFFICIAL DECISION TO THE CODE ENFORCEMENT BOARD; SECTION 12-21 DEFINITIONS, TO CHANGE THE ACROYMN FROM MSDA TO THE CURRENT MSDS; SECTION 12-26 RESPONSE, TO CLARIFY WHEN THE HENDERSON FIRE DEPARTMENT WILL RESPOND TO A HAZARDOUS SUBSTANCE RELEASE OR A THREATEN RELEASE; AND SECTION 12-27 COST RECOVERY TO INCLUDE THAT COST OF A CLEAN UP BY THE CITY OR COSTS TO THE CITY BECAUSE OF A HAZARDOUS SUBSTANCE RELEASE WILL BE RECOVERABLE BY THE CITY

WHEREAS, as part of the Ordinance Review of Chapter 12, Fire Prevention certain changes become necessary including Section 12-3, Appeals Process to change the appeal of a fire code official decision away from the Board of Housing Appeal, which no longer exist, to the Code Enforcement Board; Section 12-21 Definitions, to change the acronym from MSDA to the current MSDS; Section 12-26 Response, to clarify the response of the Henderson Fire Department to a hazardous substance release or a threatened release including pursuant to Mutual Aid Agreement(s) as well as where the release or threatened release causes imminent hazard to the citizens of Henderson; and Section 12-27 Cost Recovery to include provisions that the cost of a clean up by the city or costs to the city due to a hazardous substance release will be recoverable by the city not just costs that the Henderson Fire Department incurs.

BE IT ORDAINED, by the City of Henderson that as part ofthe Ordinance Review by the Board of Commissioners it has become necessary to make amendments to the following Sections of Chapter 12 of the Fire Prevention Ordinances Section 12-3, Appeals Process; Section 12-21 Definitions; Section 12-26 Response; and Section 12-27 Cost Recovery.

Sec. 12-3. - Appeal process. All final decisions of the fire code official of the city shall be appealable to the [board of housing and appeals] Code Enforcement Board of the city within thirty (30) days from the date of the decision.

Sec. 12-21. - Definitions. The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

-1- Emergency response personnel shall mean any city employee, including but not limited to, any firefighter, or emergency response personnel who responds to any condition caused, in whole or in part, by a hazard that jeopardizes or could jeopardize public health or safety of the environment.

Fire chief shall mean the fire chief of the City of Henderson or his designee.

Handler shall mean any person who transports or stores a hazardous substance.

Hazardous substance shall mean any substance identified as such under federal law, including but not limited to, those hazardous and extremely hazardous substances designated under Sections 101(14), 101(33), and 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 49 CRF 172.101, including hazardous waste as defined in 40 CRF 261.3 and 49 CFR 171.8 which result or may result in adverse effects on the health or safety of employees as well as the environment.

{A1SDA] MSDS shall mean a material safety data sheet prepared pursuant to state law or pursuant to regulations of the Occupational Safety and Health Administration of the United States Department of Labor.

Person shall mean any individual, company, firm, organization, corporation, association, partnership, consortium, venture, special district, political subdivision thereof, or any other governmental or commercial legal entity.

Preplanning shall mean a joint assessment by persons storing or handling hazardous substances, and the fire chief, of the risks associated with the hazardous substances, including inspections, joint training and other procedures required by the City of Henderson Standard Operating Procedure for Hazardous Materials Response.

Release shall mean any spilling, leaking, pumping, pouring, emitting, discharging, emptying, escaping, leaching, dumping, or disposing into the environment of a hazardous substance in quantities which meet or exceed the reportable quantity amounts as listed by state or federal regulations.

Threatened release shall mean a condition creating a substantial probability of a release when the probability and potential of a release make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment.

-2- User shall mean any person who uses a hazardous substance.

Sec. 12-26. - Response. The Henderson fire department is authorized to respond to or to abate the effects of any hazardous substances released into the environment or of a threatened release, pursuant to the [existing preplanning agreement], Mutual Aid agreements or where the release or threaten release would affect the citizens of the City of Henderson when requested to do so by the handler or user or when, in the judgment of the fire chief, there exists an imminent hazard to human health or the environment. Any person or persons whose negligence or willful acts or omissions proximately caused such release, discharge, or deposit, and the person or persons who owned or had custody or control of the hazardous substance at the time of such release, discharge, or deposit, without regard to fault or proximate cause, and the person or persons who owned or had custody or control of the container which held such hazardous substance at the time or immediately prior to such release, discharge or deposit without regard to fault or proximate cause shall be jointly or severally liable to the city for the payment of all recoverable costs as defined hereinbelow incurred by the city and any of its emergency response personnel as a result of such response or abatement activity.

Sec. 12-27. - Costs recovery. Any person or persons who proximately cause the unauthorized release, discharge, or deposit, of any hazardous substance, and the person or persons who owned or had custody or control of the hazardous substance at the time of such release, discharge, or deposit, and the person or persons who owned or had custody or control of the container which held such hazardous substance at the time of or immediately prior to such release, discharge, or deposit, from any street, sidewalk, right of way, storm drain system, sewer system, water of the State or private lands which requires the city to expend public funds in response to said release, discharge, or deposit, its abatement, or the cleanup and/or removal of such hazardous substance, shall be jointly and severally liable for the city for all recoverable costs incurred by the city for such response, cleanup, and/or removal, as enumerated hereinbelow.

(1) In the event of a hazardous substance release or threatened release, involving materials in transit, the shipper (carrier), the owner of the substances, and all other responsible persons, jointly and severally, shall be responsible for all costs incurred by the Henderson fire department, the Henderson Water Utility, or any other city agency or department in responding to the release or threatened release, including, but not limited to, costs of personnel, replacement costs of supplies and equipment contaminated as a result of the incident, costs of proper disposal of contaminated materials, cleanup, evacuation, post incident medical tests and any incurred medical expenses, administrative and other expenses, including legal expenses incurred in recovering these costs. The city attorney is

-3- hereby authorized and directed to initiate such proceedings, in the name of the City of Henderson, in any court having jurisdiction over such matters as are necessary to recover actual costs incurred by the city. (2) In the event of a hazardous substance release or threatened release involving a fixed facility, the operator, owner and all other persons of the facility responsible for the presence of hazardous substances shall be responsible for all costs incurred by the Henderson fire department, the Henderson Water Utility, or any other city agency or department in responding to a release or threatened release, including but not limited to, costs of personnel, replacement costs of supplied and equipment contaminated as a result of the incident, costs of proper disposal of contaminated materials, cleanup, evacuation, administrative and other expenses, including legal expenses incurred in recovering these costs. The city attorney is hereby authorized and directed to initiate such proceedings, in the name of the city in any court having jurisdiction over such matters as are necessary to recover actual costs incurred by the city. (3) Any hazardous substance or material release shall be considered a public nuisance and health hazard and in the event the fire department or other emergency response personnel respond to a hazardous material emergency at a fixed facility within the City of Henderson, the city shall have a lien against the property for the recoverable costs as stated hereinabove. The affidavit of the fire chief shall constitute prima facie evidence of the amount and reasonableness of the lien and the regularity of the proceedings, and shall be recorded in the office of the Henderson county clerk. Once it is lodged of record, the lien established herein shall be notice to all persons from the time of its recording, shall take precedence over all other subsequent liens except state, county, school board, and city taxes, shall bear interest at the highest legal rate until paid, and may be enforced by judicial proceeding. The owner of any property upon which a lien has been attached, shall be personally liable for the amount of the lien, including all interest, penalties, or other cost, and the city may enforce the lien and recover the debt, or pursue any other available remedy at law or in equity.

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 Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

-4- WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for 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 Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded.

Steve Austin, Mayor

ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS /? DAY OF SEPTEMBER, 2017.

By: Dawn S. Kelsey City Attorney

-5- City Commission Memorandum 17-197

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

RE: Revised Sections 23-20 through 23-45 of the Sewer Use Ordinance

An item for the agenda of Tuesday, September 12, 2017, is first reading of an ordinance amending Sections 23-20 through 23-45 of Article II of the City's Code of Ordinances.

The proposed changes include sections regarding: Administrative functions, Charges within the city limits, Charges outside city limits, Establishment of other rates, fees and charges, and Reporting requirements.

The Henderson Water and Sewer Commission passed Resolution 2017-25 recommending the changes to certain sections of the Sewer Use Ordinance at their Monday, August 21, 2017 meeting.

Your approval of the attached ordinance is requested.

c: Tom Williams, HWU General Manager HENDERSON WATER UTILITY Water• Wastewater• Stormwater

MANAGED BY THE WATER & SEWER COMMISSION OF THE CITY OF HENDERSON TOM WILLIAMS, P.E. GENERAL MANAGER

Date: 14 August 2017

Memo To: HWU Board & City Board of Commissioners

From: Tom Williams, P. C \...::. ?...... ·-- General Manager

Subject: Chapter 23 City Code of Ordinances - Revisions to Several Sections

Attached you will find proposed revisions to the City's Sewer Use Ordinance {SUO), detailing changes to several sections. We reviewed these changes with the City Commission on 8 August, and a brief discussion follows.

1. Discussions with City Staff in the Billing Department led us to review our deposits required for a new service. The current language calls for deposits to be one-sixth of the most recent 12 months of charges, for water only. This is being expanded to include the wastewater charges, and we are adding a minimum deposit amount of$ 40. 2. When we added the stormwater charge earlier this year, we failed to specify that it would not apply to some areas of our rates and fees. Language is being added to remove the stormwater charge from irrigation uses, temporary meters, and for those customers with "wastewater only" billing. 3. Current Code says that the City will pay wastewater charges for all municipal uses. This is not our practice, and we are modifying/removing those sections. We will continue to charge water/sewer for Municipal Power & Light {HMPL), and the Transit Garage (HART). 4. Current ordinance language says we will review special fees and charges annually; we are changing that to "periodically" to match practice. Also, adding a 15% administrative cost markup to billings for repairs and damages, which is long-standing practice. 5. Removing remaining sections of the Code that refer to a "Storm Water Utility", which we do not currently have. 6. Changing the section delineating employees not subject to Civil Service to reflect changes to positions and titles of management. 7. Adding a section delineating the procurement powers of the Water & Sewer Commission, to more clearly demarcate that we are a separate entity from the City.

We will ask for HWU Board approval of these changes at the August Meeting on the 2l5t, and would like to get them on the agenda for City Commission approval at the City's first meeting in September.

In the meantime, if you have any questions or need further information on this subject, please feel free to call me at 270.869.6621 {Office) or 270.823.2573 {Cell).

Cc: Russell Sights, City Manager Dawn S. Kelsey, City Attorney

111 Fifth Street • Henderson, Kentucky 42420 • Phone (270} 826-2421 • Fax (270} 826-2428 • www.hkywater.org HENDERSON WATER AND SEWER COMMISSION RESOLUTION OF THE BOARD OF COMMISSIONERS

Resolution No. 2017 - 25 Recommending Revisions to the City Code of Ordinances Chapter 23

The following Resolution was duly adopted by the Board of Commissioners of the

Henderson Water & Sewer Commission at a regular meeting held on Monday, 21 August

2017, at which meeting a quorum was present.

BE IT RESOLVED, that the Henderson Water and Sewer Commission by and through its Board of Commissioners under the authority granted to the Board of

Commissioners under Chapter 23 Article II Division 3 Sections 23-36 through 23-45.1 of the City Code of Ordinances hereby recommends to the Board of Commissioners of the

City of Henderson, Kentucky, that the City of Henderson enact and adopt revisions to

portions of Article II, Division 1, Division 2A, and Division 3 of Chapter 23 of the City Code

of Ordinances, commonly referred to as the "Sewer Use Ordinance", incorporating

revisions and additions to Establishing Service and Requiring Deposits; Charges Within the

City Limits; Stormwater Utility; Employment of the General Manager and Management

Employees; and, Procurement Powers of the Water and Sewer Commission; as well as

minor semantic and grammatical changes as recommended by the staff of the Water and

Sewer Commission, and herewith transmitted to the City by attachment to this resolution.

These changes will become effective upon the date of adoption by the Board of

Commissioners of the City of Henderson, Kentucky, and publication as required KRS

Chapter 424.

The General Manager is hereby authorized to deliver this Resolution to the City of

Henderson. IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 21

August 2017, and upon Motion made by Commissioner Q().rj Tenntt:JS, and seconded by

Commissioner J"°tA.il it, Wist-hi,\ , the Board of Commissioners voted as follows:

AYE NAY

Commissioner, Paul Bird Commissioner, George Jones Commissioner, John Henderson Commissioner, Gary Jennings Commissioner, Julie Wischer

Tom Williams, P.E. General Manager Henderson Water Utility ARTICLE II -WATER AND SEWER SERVICE City of Henderson, Kentucky

ARTICLE II. WATER AND SEWER SERVICE

DIVISION 1. GENERALLY

Sec. 23-20. Administrative functions. (1) Charges to be paid in advance. All charges other than actual metered usage are payable in advance. Where charges are assessed at "actual cost", any minimum charge shall be payable in advance. (2) Establishing service and required deposits. (a) The charges for establishing service and for temporarily disconnecting services shall be determined from time to time by the city board of commissioners and shall be kept on file in the city clerk's office. (b) All customers who are not owners of real estate shall post a deposit of an amount equal to one-sixth (-1/6) of the annual water and wastewater charges bill to the premises, with a minimum deposit of$ 40. The deposit will be based on the twelve (12) most recent months, whether consecutive or not, during which water consumption was actually recorded at the premises. If twelve (12) months of water consumption history has not occurred at the premises, or if the past consumption is not believed to be representative of future use, then an approximation of the amount projected over a twelve-month period shall be made and used to calculate the deposit. The deposit shall be pursuant to the provisions of section 23- 99 of the Code of Ordinances. (Ord. No. 06-11, 3-22-11)

Sec. 23-21. Charges within the city limits. Water and wastewater services. (a) All water utilized from the Henderson Water Utility system for any purpose shall be metered or identified, and appropriately charged for; except as further defined in this section. (b) Water customers within the city limits of Henderson who are not contract customers shall be charged for all metered water usage the rates set forth in table A [attached to Ord. No. 07-17 [03 11 }on file in the clerk's office]. (c) Wastewater charges shall apply to all metered water service accounts where wastewater collection and treatment services are also provided to the customer. Wastewater contract customers are billed according to their contract and other exceptions are further defined in this section. (d) Wastewater customers within the city limits of Henderson who are not contract customers shall be charged the wastewater rates established in table A [attached to Ord. No. 07-17 [03 11 }on file in the clerk's office] for their metered water usage. Irrigation uses. Separate irrigation charges apply to any meter that is used solely for the irrigation of lawns, gardens, landscaped areas, Page 1 ARTICLE II -WATER AND SEWER SERVICE City of Henderson, Kentucky orchards, and similar horticultural uses; or to private or residential swimming pools where the metered water is not returned to the Henderson Water Utility wastewater system. Water utilized through a separate irrigation meter shall be charged for all water consumed the rate established in tier 1 of table A [attached to Ord. No. 07-17 [03 11 }on file in the clerk's office] for in city customers and tier 1 oftable B [attached to Ord . No. 07-17 [03 11 }on file in the clerk's office] for customers outside the city limits. No sewer or stormwater charges shall apply to irrigation uses. Special uses--Temporary water service. Temporary water service to contractors, developers and others for construction purposes shall be metered with a temporary fire hydrant or construction meter permit issued in accordance with the policy of the Henderson Water Utility. All usage shall be charged based upon tier 1 in table A [attached to Ord. No. 07-17 I03 11 }on file in the clerk's office] for all water consumed . Only Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. It is unlawful for anyone other than Henderson Water Utility personnel to operate any valves connected to the distribution system. No sewer or stormwater charges shall apply to temporary use water meters, unless it is installed to provide temporary service to a dwelling unit under construction. Fire suppression system uses. Henderson Water Utility provides access and availability to the city water distribution system for commercial and industrial standby fire suppression systems. These fire lines shall be "separate" "closed" systems and utilized only for fire suppression. Utilization of water from the fire suppression system for any purpose other than fire suppression or system testing shall not be allowed and is illegal under this section. A monthly standby service charge applies to each established fire suppression system. These charges are identified by "connection size" in table C [attached to Ord. No . IW-1--1-]07-17 on file in the clerk's office]. Only city fire department personnel, Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. Municipal uses. In order to provide accurate cost analysis and appropriate maintenance and operating records for bondholders and other interested parties, all municipal water uses will be metered or accounted for. This includes all domestic uses at city buildings and facilities, irrigation uses at city facilities, parks, and golf courses, and other municipal uses such as street sweeping and fire fighting.

Page 2 ARTICLE II -WATER AND SEWER SERVICE City of Henderson, Kentucky

Only city fire department personnel, Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. The city's facilities shall be provided water for all approved municipal purposes without charge. ICity buildings and facilities shall pay sewer charges for all metered water usage.} Henderson Area Rapid Transit (HART) and Henderson Municipal Power and Light (HMPL) shall be charged fo r water and sewer usage as established by separate resolution , contract or agreement. Wastewater service only. All Henderson Water Utility Customers who do not have metered water service but do receive wastewater services shall be charged a flat rate per month for these services. The rates shall be as defined in table D [attached to Ord . No. 07-17 [03 11 }and on file in the office of the clerk]. Stormwater charges shall not apply. Stormwater charges . .[The combined system and the stormv.iater system are considered major operating components of the sanitary sev.ier system consequently, stormi.vater fees shall be a component of the first tier of the volumetric smver rate as defined in table A and table B [both attached to Ord. No. 03 11 on file in the clerk's office]Stormwater charges shall be charged at a flat rate per month for customers inside the City Limits, as shown in Table A. These charges are based on water meter size as a proxy for stormwater impacts. (Ord. No. 06- 11, 3-22-11)

Sec. 23-22. Charges outside city limits. Rates for outside city limit customers are set forth in table B [attached to Ord. No. 07- .1l103 11 }and on file in the clerk's office]. Stormwater charges shall not apply. (Ord. No. 06- 11, 3-22-11; Ord. No. 19-11, § 2, 8-9-11)

Sec. 23-23. Establishment of other rates, fees and charges. (1) Authority. The water and sewer commission shall have authority to establish specific service fees and charges, and to negotiate agreements and cost-sharing arrangements related to the provision of water and wastewater services for situations not specifically covered by this article. (2) Special fees and charges. Fees for specific services such as drying bed fees, septic tank haulers fees, plan review fees, construction inspection fees, tap fees, wastewater pretreatment penalties and surcharges, and other similar service fees shall be Iannually ]periodically reviewed and approved by the Henderson Water and Sewer Commission. These fees shall adequately reflect the current cost of providing the services plus an appropriate rate of return. Copies of the approved fees and charges shall be kept at the Henderson Water Utility Administration Office located 111 Fifth Street and shall also be kept on file in the city clerk's office. Page 3 ARTICLE II - WATER AND SEWER SERVICE City of Henderson, Kentucky

(3) Repairs and damages. Repairs to any water utility property or equipment including but not limited to water meters, fire hydrants, water and sewer lines, and manholes damaged by the activities of other parties shall be charged to the responsible party at the actual cost to the Henderson Water Utility for making repairs or replacing the damaged facilities, plus fifteen percent (15%) for administrative costs. (4) Contract rates. The water and sewer commission shall have authority to establish written agreements and/or cost-sharing arrangements with utility customers that have their own water distribution and/or wastewater collection systems or large commercial or industrial customers that have specific requirements or concerns that are not addressed by the standard city rate structure. Contract rates shall adequately reflect the actual cost of providing the services plus an appropriate rate of return on the utility's investment. (Ord. No. 06-11, 3-22-11)

Sec. 23-24. Reporting requirements. Henderson Water and Sewer Commission shall be responsible for presenting {quarterly] periodic reports to the city board of commissioners indicating the utility's financial condition, updates on regulatory issues, and progress on budgeted capital improvement and critical maintenance projects. At least annually, the utility will review their [five year master] strategic plan for future capital improvement projects and provide the city commission the opportunity for input prior to budget adoption and project implementation. (Ord. No. 06-11, 3-22-11)

DIVISION 2A. STORM WATER UTILITY

Sec. 23-35.4. Reserved. Sec. 23-35.5. Reserved. [Storm water fees. The combined system and the stormwater system are considered major operating components of the sanitary se 1.ver system; consequently, storm1.vater fees shall be a component of the first tier of the volumetric se1.ver rate as defined in table /\ and table B of the rate ordinance [Ord . No . 03 11], a copy of which is on file in the city clerk's office.] (Ord. No. 06 11, 3 22 11)

Sec. 23-35.6. Reserved. Sec. 23-35.7. Reserved. Sec. 23-35.8. !Storm water management fund]Reserved. I(a) Fees collected pursuant to this division shall be used exclusively by HVl/U for the purpose of paying for all components and activities of the storm water management program. (b) Expenditures for purposes that are not related to the HWU management program shall not be permitted except as authorized by the city and HV\/U.]

Page 4 ARTICLE II - WATER AND SEWER SERVICE City of Henderson, Kentucky

(Ord. No. 06 11, 3 22 11)

Sec. 23.35.9. IAppeals]Reserved. I(a) i\ny customer or property owner who believes that the storm water fee for their property has been assigned or computed incorrectly may petition in writing to HWU for a review of said charges . (b) H'NU shall be responsible for establishing an appeal process to review and adjudicate appeals. Any credits authorized by the appeal process shall only be effective against billings subsequent to the date of authorization.} (Ord. !Vo. 06 11, 3 22 11)

DIVISION 3. WATER AND SEWER COMMISSION*

Sec. 23-43. Employment of General Manager!, director of engineering} and management employees. The water and sewer commission shall have power to employ, fix the compensation of, and discharge, the General Manager, the chief financial officer, and the director of field operations I and the director of engineering}. The General Manager shall direct, employ, fix the compensation of, and discharge all other employees of the works and systems. All employees of the works and systems, other than the positions of General Manager, chief financial officer, and the director of field operations I and director of engineering}, shall be subject to and under the protection of the civil service system of the City of Henderson. (Ord. No. 06-11, 3-22-11; Ord. No. 19-16, 6-18-16)

Sec. 23-45.2. Procurement powers of the water and sewer commission. (a) Pursuant to KRS 45A.360, the provisions of KRS 45A.345 to 45A.460 shall govern all procurement activities of the Water and Sewer Commission and the Henderson Water Utility (HWU) . (b) The General Manager shall be responsible for administration of the procurement functions of HWU, and may delegate to department heads and employees such authority as may be appropriate and necessary to perform these functions. The General Manager, with the advice and consent of the Water and Sewer Commission, shall establish written policies and procedures as necessary to carry out purchasing, payment bidding and contracting. (c) Nothing in this article shall relieve HWU of the responsibility to comply with any procurement requirements imposed by an agency from which HWU may receive grant or loan funds, including but not limited to state and federal agencies.

Page 5 ORDINANCE NO. ----

ORDINANCE AMENDING SEWER USE ORDINANCE

SUMMARY:ANORDINANCEAMENDINGARTICLEII, WATERANDSEWER SERVICE, OF CHAPTER 23, UTILITIES, SECTION. 23-20, THRU SECTION 23-24, OF DIVISION 1. GENERALLY, AND SECTION 23-35.4 THRU 23-35.9, DIVISION 2A. STORM WATER UTILITY,· AND SECTION 23-43 THRU SECTION 23-45.2 OF DIVISION 3. WATER AND SEWER COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

WHEREAS, at its meeting on August 21, 2017, the Henderson Water and Sewer Commission recommended that the Board of Commissioners ofthe City of Henderson enact and adopt an amended Article II, Water and Sewer Service, of Chapter 23, Utilities, Section. 23-20 thru Seeton 23-24, of Division I. Generally, and Sections 23-35.4 thru 23-35.9, Division 2A. Storm Water Utility, and Section 23-43 thru Section 23-45.2 of Division 3, Water and Sewer Commission, of the City's Code of Ordinances, commonly referred to as the "sewer use ordinance", which revised Article II, Chapter 23, is amended as follows:

Sec. 23-20. Administrative functions. (1) Charges to be paid in advance. All charges other than actual metered usage are payable in advance. Where charges are assessed at "actual cost", any minimum charge shall be payable in advance. (2) Establishing service and required deposits. (a) The charges for establishing service and for temporarily disconnecting services shall be determined from time to time by the city board of commissioners and shall be kept on file in the city clerk's office. (b) All customers who are not owners of real estate shall post a deposit of an amount equal to one-sixth (1/6) of the annual water and wastewater charges bill to the premises, with a minimum deposit of$ 40. The deposit will be based on the twelve (12) most recent months, whether consecutive or not, during which water consumption was actually recorded at the premises. If twelve (12) months of water consumption history has not occurred at the premises, or if the past consumption is not believed to be representative of future use, then an approximation of the amount projected over a twelve-month period shall be made and used to calculate the deposit. The deposit shall be pursuant to the provisions of section 23-99 of the Code of Ordinances.

Sec. 23-21. Charges within the city limits. Water and wastewater services. (a) All water utilized from the Henderson Water Utility system for any purpose shall be metered or identified, and appropriately charged for; except as further defined in this section. (b) Water customers within the city limits of Henderson who are not contract customers shall be charged for all metered water usage the rates set forth in table A [attached to Ord. No. 07-17 [03 1 l]on file in the clerk's office]. ( c) Wastewater charges shall apply to all metered water service accounts where wastewater collection and treatment services are also provided to the customer. Wastewater contract customers are billed according to their contract and other exceptions are further defined in this section. ( d) Wastewater customers within the city limits of Henderson who are not contract customers shall be charged the wastewater rates established in table A [attached to Ord. No. 07-17 [03 1 l]on file in the clerk's office for their metered water usage. Irrigation uses. Separate irrigation charges apply to any meter that is used solely for the irrigation of lawns, gardens, landscaped areas, orchards, and similar horticultural uses; or to private or residential swimming pools where the metered water is not returned to the Henderson Water Utility wastewater system. Water utilized through a separate irrigation meter shall be charged for all water consumed the rate established in tier 1 of table A [attached to Ord. No. 07-17 fQ-3- -l+]on file in the clerk's office] for in city customers and tier 1 of table B [attached to Ord. No. 07-17 [Q.3-1-l-]on file in the clerk's office] for customers outside the city limits. No sewer or stormwater charges shall apply to irrigation uses. Special uses--Temporary water service. Temporary water service to contractors, developers and others for construction purposes shall be metered with a temporary fire hydrant or construction meter permit issued in accordance with the policy of the Henderson Water Utility. All usage shall be charged based upon tier 1 in table A [attached to Ord. No. 07-17 [03 1 l]on file in the clerk's office] for all water consumed. Only Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. It is unlawful for anyone other than Henderson Water Utility personnel to operate any valves connected to the distribution system. No sewer or stormwater charges shall apply to temporary use water meters, unless it is installed to provide temporary service to a dwelling unit under construction. Fire suppression system uses. Henderson Water Utility provides access and availability to the city water distribution system for commercial and industrial standby fire suppression systems. These fire lines shall be "separate" "closed" systems and utilized only for fire suppression. Utilization of water from the fire suppression system for any purpose other than fire suppression or system testing shall not be allowed and is illegal under this section.

-2- A monthly standby service charge applies to each established fire suppression system. These charges are identified by "connection size" in table C [attached to Ord. No. [03 11]07-17 on file in the clerk's office. Only city fire department personnel, Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. Municipal uses. In order to provide accurate cost analysis and appropriate maintenance and operating records for bondholders and other interested parties, all municipal water uses will be metered or accounted for. This includes all domestic uses at city buildings and facilities, irrigation uses at city facilities, parks, and golf courses, and other municipal uses such as street sweeping and fire fighting. Only city fire department personnel, Henderson Water Utility personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. The city's facilities shall be provided water for all approved municipal purposes without charge. [City buildings and facilities shall pay se1vver charges for all metered ,,vater usage] ]Henderson Area Rapid Transit (HART) and Henderson Municipal Power and Light (HMPL) shall be charged for water and sewer usage as established by separate resolution, contract or agreement. Wastewater service only. All Henderson Water Utility Customers who do not have metered water service but do receive wastewater services shall be charged a flat rate per month for these services. The rates shall be as defined in table D [attached to Ord. No. 07-17 [03-H]and on file in the office of the clerk]. Stormwater charges shall not apply. Stormwater charges. [The combined system and the stormv1ater system are considered major operating components of the sanitary sewer system consequently, stormwater fees shall be a component of the first tier of the volumetric sewer rate as defined un table A and table B both attached to Ord. 03 11 on file in the clerk's office]. Stormwater charges shall be charged at a flat rate per month for customers inside the City Limits, as shown in Table A. These charges are based on water meter size as a proxy for stormwater impacts. (Ord. No. 06-11, 3-22-11)

Sec. 23-22. Charges outside city limits. Rates for outside city limit customers are set forth in table B [attached to Ord. No. 07-17(03- 11 ]and on file in the clerk's office]. Stormwater charges shall not apply. (Ord. No. 06-11, 3-22-11; Ord. No. 19-11, § 2, 8-9-11)

-3- Sec. 23-23. Establishment of other rates, fees and charges. (1) Authority. The water and sewer commission shall have authority to establish specific service fees and charges, and to negotiate agreements and cost-sharing arrangements related to the provision of water and wastewater services for situations not specifically covered by this article. (2) Special fees and charges. Fees for specific services such as drying bed fees, septic tank haulers fees, plan review fees, construction inspection fees, tap fees, wastewater pretreatment penalties and surcharges, and other similar service fees shall be [annually ]periodically reviewed and approved by the Henderson Water and Sewer Commission. These fees shall adequately reflect the current cost of providing the services plus an appropriate rate of return. Copies of the approved fees and charges shall be kept at the Henderson Water Utility Administration Office located 111 Fifth Street and shall also be kept on file in the city clerk's office. (3) Repairs and damages. Repairs to any water utility property or equipment including but not limited to water meters, fire hydrants, water and sewer lines, and manholes damaged by the activities of other parties shall be charged to the responsible party at the actual cost to the Henderson Water Utility for making repairs or replacing the damaged facilities, plus fifteen percent (15%) for administrative costs. (4) Contract rates. The water and sewer commission shall have authority to establish written agreements and/or cost-sharing arrangements with utility customers that have their own water distribution and/or wastewater collection systems or large commercial or industrial customers that have specific requirements or concerns that are not addressed by the standard city rate structure. Contract rates shall adequately reflect the actual cost of providing the services plus an appropriate rate of return on the utility's investment. (Ord. No. 06-11, 3-22-11)

Sec. 23-24. Reporting requirements. Henderson Water and Sewer Commission shall be responsible for presenting [quarterly] periodic reports to the city board of commissioners indicating the utility's financial condition, updates on regulatory issues, and progress on budgeted capital improvement and critical maintenance projects. At least annually, the utility will review their [five year master]strategic plan for future capital improvement projects and provide the city commission the opportunity for input prior to budget adoption and project implementation. (Ord. No. 06-11, 3-22-11)

DIVISION 2A. STORM WATER UTILITY Sec. 23-35.4. Reserved.

-4- Sec. 23-35.5. Reserved.j8torm water fees] [The combined system and the stomr.vater system are considered major operating components of the sanitary sev1er system; consequently, stormv,7ater fees shall be a component of the first tier of the volumetric sevt'er rate as defined in table A and table B of the rate ordinance (Ord. No. 03 11, a copy of which is on file in the city clerk's office.] [Ord. No.06 11, 3 22 11] Sec. 23-35.6. Reserved. Sec. 23-35.7. Reserved. Sec. 23-35.8. [Storm 1,,vater management fund]Reserved. [(a) Fees collected pursuant to this division shall be used exclusively by H\llU for the propose of paying for all components and activities of the stormi,,vater management program.] [(b) Expenditures for purposes that are not related to the HWU management program shall not be permitted except as authorized by the city and HWU.] [Ord No 06 11. 3 22 11) Sec. 23.35.9. [Appeals]Reserved. [(a) Any customer or property owner who believes that the stormwater fee for their property has been assigned or computed incorrectly may petition in writng to HWU for a review of said charges] [(b) H'.l/U shall be responsible for establishing an appeal process to review and adjudicate appeals. Any credits authorized by the appeal process shall only be effective against billings subsequent to the date of authorization.] [Ord. No.06 11, 3 22 11]

DIVISION 3. WATER AND SEWER COMMISSION*

Sec. 23-43. Employment of General Manager[ direetor of e0:gineeri0:g] and management employees. The water and sewer commission shall have power to employ, fix the compensation of, and discharge, the General Manager, the chief financial officer, and the director of field operations[ and the director of engineering]. The General Manager shall direct, employ, fix the compensation of, and discharge all other employees of the works and systems. All employees of the works and systems, other than the positions of General Manager, chief financial officer, and the director of field operations[and director of engineering], shall be subject to and under the protection of the civil service system of the City of Henderson. (Ord. No. 06-11; Ord. No. 19-16, 6-18-16)

-5- Sec. 23-45.2. Procurement powers of the water and sewer commission. (a) Pursuant to KRS 45A.360, the provisions of KRS 45A.345 to 45A.460 shall ovem all procurement activities of the Water and Sewer Commission and the Henderson Water Utility (HWU). (b) The General Manager shall be responsible for administration of the procurement functions of HWU, and may delegate to department heads and employees such authority as may be appropriate and necessary to perform these functions. The General Manager, with the advice and consent of the Water and Sewer Commission, shall establish written policies and procedures as necessary to carry out purchasing, payment, bidding and contracting. (c) Nothing in this article shall relieve HWU of the responsibility to comply with any procurement requirements imposed by an agency from which HWU may receive grant or loan funds, including but not limited to state and federal agencies.

NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky that the existing Article II, Water and Sewer Service, Sec. 23-43, of Chapter 23, Utilities of the City's Code of Ordinances be and is hereby amended, and the revised Article II, Water and Sewer Service of Chapter 23, Utilities, is hereby approved and adopted.

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 Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

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.

-6- WHEREUPON, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

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 LEGALITY THIS /';; DAY OF SEPTEMBER, 2017/

By:

-7- City Commission Memorandum 17-204

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Ordinance Related to Community Development

An item for the agenda of Tuesday, September 12, 2017, is first reading of an ordinance amending Chapter 11, Community Development, Article II, Urban Renewal and Community Development Agency, of the Code of Ordinances.

During ordinance review, discussion was held regarding repealing Sec. 11-16, Created, Sec. 11-17, Appointed, and Sec. 11-18, Responsibility, in their entirety since the City of Henderson now has the designation of an entitlement city.

Your approval of the attached ordinance is requested. ORDINANCE NO. ---

ORDINANCE RELATED TO COMMUNITY DEVELOPMENT

SUMMARY: AN ORDINANCE REPEALING CHAPTER 11 COMMUNITY DEVELOPMENT,ARTICLE II. URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY SECTION 11-16. THRU SECTION 11-18 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

WHEREAS, it is necessary to repeal Article II, Urban Renewal and Community Development of Chapter 11, Community Development in its entirety since the City of Henderson now has the designation of an entitlement city.

NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Chapter 11, Article II. Urban Renewal and Community Development; Section 11-16 thru Section 11-18 is repealed as follows:

[ARTICLE II. UR-BAN RENE\VAL AND COMMUNITY DEVELOPMENT AGENCY]

[Sec. 11 16. Crcated.J

IT.ber"I-r1 urban renevv1al and communitv.. development agencyu of the citv.,, is herebv., created pursuant to and 1vvith all of the pov./ers, functions and duties provided for in KR8 99.330 to 99.5 lO.]

[See. 11 17. Appointmeat.]

[The members of the urban renev,ral and community development agency shall be appointed fo1ihv,1ith pursuant to KRS 99.350.J

!See. 11 18. Responsibility.]

[The urban renewal and community development agency shall unde1iake on behalf of the city the community development progranr-U-n-der Title I of the Housing and Community Development Act of 197 4. J All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict.

The ordinance shall become effective upon publication.

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 Bugg: Commissioner Pruitt: Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

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. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

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 LEGALITY THIS ;;z_ DAY OF SEPTEMBER, 2017.

By: awn S. Kelsey City Attorney

2 City Commission Memorandum 17-207

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager· K~ ~

SUBJECT: Resolution Authorizing City Community Development Specialist to Serve as Local Administrator for Grant Programs

The attached resolution authorizes the City's Community Development Specialist to serve as the local administrator for grant programs from HUD and the Kentucky Housing Corporation.

As explained in the attached Legal Department Memorandum from City Attorney Dawn Kelsey, since the City of Henderson now has the designation of an entitlement city, it is not needed for a separate city agency to administer CDBG or HOME grants.

Your approval of the attached resolution is requested.

c: Dawn Kelsey Tammy Willett Ray Nix LEGAL DEPARTMENT

MEMORANDUM 17-13

To: Russell Sights, City Manager _\ ~ ~

From: Dawn S. Kelsey, City Attorney iJY

Dated: September 7, 2017

Subject: Community Development Resolution/Ordinance

On the Commission's Agenda is an Ordinance to repeal Article II Urban Renewal & Community Development in Chapter 11 Community Development of the City Code of Ordinances. As I explained during Ordinance review, the City has not operated under Article II since the early 1990s. Now that the City of Henderson is an entitlement city under the Housing Urban Development Corporation's (HUD) Community Development Block Grant (CDBG) Program, the City of Henderson does not need a separate city agency to administer these grants as provided in Article II of Chapter 11. Instead, the City needs to pass a Resolution giving the authority to our internal Community Development Specialist to administer the CDBG grants, along with the HOME grants from the U.S. Department of Housing and Urban Development, Kentucky Housing Corporation and/or Department for Local Government.

cc: Tammy Willett, Community Development Specialist Ray Nix, Codes Administrator RESOLUTION NO. ----

RESOLUTION AUTHORIZING THE CITY OF HENDERSON'S COMMUNITY DEVELOPMENT SPECIALIST TO SERVE AS THE LOCAL ADMINISTRATOR FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT/HOME PROGRAMS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, KENTUCKY HOUSING CORPORATION AND/OR KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT

WHEREAS, the Housing Urban Development Corporation's (HUD) Community Development Block Grant (CDBG) Program provides annual grants on a formula basis to entitled cities and counties, along with competitive grants to other entities, to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93- 383, as amended; 42 U.S.C.-5301 et seq.; and the regulations created by the Office of the Assistant Secretary of Community Planning and Development that pertain to Community Development programs are contained within Part 570 - Community Development Block Grants.

WHEREAS, the City of Henderson is the recipient of grants from the HUD's Entitlement Programs including the Community Development Block Grant (CDBG) and Home Grants; and WHEREAS, the City of Henderson is the recipient of grants from the Kentucky Housing Corporation; and

WHEREAS, the above reference grant programs require the City of Henderson to appoint a local administrator with the authority to administer these programs; and

WHEREAS, the City Manager recommends that the City's Community Development Specialist be authorized to serve as the local administrator for these programs.

NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and the City's Community Development Specialist is hereby authorized to administer the Community Development Block Grant and/or, HOME Grants from the U.S. Department of Housing and Urban Development, Kentucky Housing Corporation and/or Department for Local Government.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor

Date: ------

ATTEST:

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS I/ DAY OF SEPTEMBER, 201 ;r,-

By: Dawn S. Kelsey City Attorney City Commission Memorandum 17-205

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager ~# SUBJECT: Residual/CDD Landfill Fee Schedule

The accompanying municipal order establishes a fee schedule for the use of the City's residual/CDD landfill effective November 1, 2017, as follows:

• City of Henderson and Henderson County Residents Only: $ 5.00 (Each 1-400 pounds of disposal) • Henderson County businesses, both within and outside of the City of Henderson: $12.00 (Each 1-400 pounds of disposal) • All users from outside Henderson County: $18.00 (Each 1-400 pounds of disposal)

The current rate is $8.00 for up to 400 pounds (or $40.00 per ton) for commercial customers within Henderson County and $14.00 for up to 400 pounds (or $70.00 per ton) for all customers outside of Henderson County. City and County residents currently use the Transfer Station and the residual/CDD landfill free of charge.

The City-County Cooperative Study Committee has recommended the establishment of this new fee structure, and your approval of the municipal order is requested.

c: Brian Williams Robert Gunter Steve Austin, Mayor

Commissioners: Patti Bugg Robert N. Pruitt, Sl t!Cbe

To: The City/ County Cooperative Study Team

Currently the CD & D Landfill (Construction Demolition and Debris) rates are:

Henderson County Commercial $40.00 per ton, charged in 400 lb increments ($8.00 per 400 lbs).

Out of Henderson County Commercial $70.00 per ton, charged in 400 lb increments ($14.00 per 400 lbs).

Henderson City/ County residents no charge.

I recommend the CD & D rates change to help offset the $25.00 per ton cost We will pay Daviess County when the transfer point becomes operational.

New Rates

Henderson County Commercial $60.00 per ton, charged in 400 lb increments ($12.00 per 400 lbs).

Out of Henderson County Commercial $90.00 per ton, charged in 400 lb increments ($18.00 per 400 lbs).

Henderson City/County residents $25.00 per ton, charged in 400 lb increments ($5.00 per 400 lbs). I recommend the rate change for the CD & D Landfill be put into place no later than November 1, 2017. These changes will not affect the solid waste transfer station.

The change of operation to the CD & D Landfill will bring about a limit to size and or volume of loads. This will be determined as the new process begins.

Brian Williams Public Works Director

THINK~ HENDERSO ( SHOl'PING -SERVICES- DINING MUNICIPAL ORDER ----

MUNICIPAL ORDER ESTABLISHING NEW RATE STRUCTURE FOR THE RESIDUAL/CONSTRUCTION DEMOLITION AND DEBRIS (CDD) LANDFILL

WHEREAS, The City of Henderson owns and operates the Residual/Construction Demolition and Debris (CDD) landfill; and

WHEREAS, the City Manager recommends the establishment of a new rate structure for the use of the Residual/CDD landfill which will supersede the rates set in Resolution No. 49-11.

NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the recommendation of the City Manager is hereby accepted, and the following rate structure for the use of Residual/ CDD landfill is hereby approved effective November 1, 2017:

• City of Henderson and Henderson County Residents: $25.00 per ton, charged in 400 lb. increments, ($5.00 per 400 lbs.) • Henderson County Commercial $ 60.00 per ton, charged in 400 lb. increments, ($12.00 per 400 lbs.) • Out of Henderson County Commercial: $90.00 per ton, charged in 400 lb. increments ($18.00 per 400 lbs.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS "J DAY OF SEPTEMBER, 201 ~

Dawn S. Kelsey City Attorney City Commission Memorandum 17-196

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Lease of HWU Property to Habitat

The accompanying municipal order authorizes a lease between Habitat for Humanity of Henderson, Kentucky, Inc., the City of Henderson, and Henderson Water Utility for use of property near the intersection of Clark and Third Streets the Henderson Water Utility is not currently using.

The lease is for a one-year term beginning the date signed and shall be automatically renewed for an additional one (1) year period, unless notice of intention not to renew is provided by either party not less than thirty (30) days prior to the expiration of the initial term or any renewal term. The yearly sum will be $1.00.

At its regular meeting of Monday, August 21, 2017, the Water and Sewer Commission passed a Resolution authorizing a lease for unused HWU property to Habitat to provide additional parking for its employees and patrons.

Your approval of the attached municipal order is requested.

c: Dawn Kelsey Tom Williams HENDERSON WATER UTILITY Water• Wastewater• Stormwater

MANAGED BY THE WATl:R & SEWER COMMISSION OF THE CITY OF HENDERSON TOM WILLIAMS, P.E. GENERA L MANAGER

Date: 22 August 2017

Memo To: Mayor Steve Austin Henderson City Commissioners Russell Sights, City Manager Dawn Kelsey, City Attorney c-') . . From: Tom Williams, P.E \ _: .,,.,,.----- General Manager

Subject: Lease of Parking Area - Habitat

At its regular meeting on 22 August, the Water and Sewer Commission passed a Resolution authorizing a lease for some un-used HWU property, near the intersection of Clark and Third Streets. Habitat for Humanity of Henderson, Kentucky, Inc., is purchasing a building at 1030 Third Street, for use as their offices and to house the Habitat Restore. This building has inadequate parking, and Habitat requested that they be allowed to use property that we own near the Third Street Basin for overflow.

Since we have no real use for that area, our Board agreed. Attached you'll find a resolution from our Board, as well as a copy of the Lease. We forward all of this to you for action by the City Commission.

In the meantime, if you have any questions or need further information on this or any other matter, please feel free to call me at 270.869.6621 (Office) or 270.823.2573 (Cell).

111 Fifth Street • Henderson, Kentucky 42420 • Phone (270} 826-2421 • Fax (270} 826-2428 • www.hkywater. org MUNICIPAL ORDER ----

MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND HABITAT FOR HUMANITY OF HENDERSON KENTUCKY, FOR THE PARKING LOT LOCATED AT THE INTERSECTION OF THIRD AND CLARK STREETS; AND AUTHORIZING MAYOR TO EXECUTE THE LEASE ON BEHALF OF CITY

WHEREAS, at it's regular meeting on August 22, 2017, the Henderson Water and Sewer Commission of the City of Henderson passed Resolution 2017-26 (attached) authorizing a lease between the City of Henderson, the Water and Sewer Commission and Habitat for Humanity of Henderson, Kentucky for a parking lot located near the intersection of Third and Clark Streets that is being unused; and

WHEREAS, Habitat for Humanity desires to lease such parking lot for additional parking for its employees and patrons; and

WHEREAS, the parties have reached an Agreement for Habitat employees and customers to use the parking lot, a copy of which Lease Agreement is attached hereto as Exhibit "A".

NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the attached Lease Agreement between the City of Henderson, Kentucky, the Water and Sewer Commission and Habitat for Humanity of Henderson, Kentucky for the leasing of the parking lot located near Third and Clark Streets, is hereby approved, and the Mayor is authorized to execute the lease on behalf of the City.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS -"'DAY OF SEPTEMBER4 2017. I/

By: ,,dffev?(~ Dawn S. Kelsey City Attorney HENDERSON WATER AND SEWER COMMISSION RESOLUTION OF THE BOARD OF COMMISSIONERS

Resolution No. 2017 - 26 Authorizing Lease Agreement with Habitat for Humanity of Henderson, Kentucky, Inc., And Recommending Approval to City of Henderson

The following Resolution was duly adopted by the Board of Commissioners of the

Henderson Water & Sewer Commission at a regular monthly meeting duly held on Monday, 21

August 2017, at which meeting a quorum was present.

WHEREAS, the Water & Sewer Commission of the City of Henderson, doing business as the Henderson Water Utility {HWU), owns land near the intersection of Third and Clark Streets in Henderson, which is currently unused; and

WHEREAS, Habitat for Humanity of Henderson, Kentucky, Inc., {Habitat) has or will purchase property at 1030 Third Street for use as offices and a retail store; and,

WHEREAS, Habitat wishes to provide additional parking for its employees and patrons; and,

WHEREAS, HWU and the City support Habitat's mission to provide affordable housing in the City of Henderson.

BE IT RESOLVED, that the Water and Sewer Commission of the City of Henderson, by and through its Board of Commissioners, does hereby approve a Lease Agreement and hereby requests that the City of Henderson, Kentucky, by and through the Board of Commissioners, adopt a Resolution approving said Lease Agreement with Habitat, and authorizing the Mayor to sign on behalf of the City. The General Manager is authorized to deliver this Resolution to the City of Henderson, including a copy of the Agreement which is attached hereto.

IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 21

August 2017, and upon Motion made by Commissioner Q~ Jen/1i'® , and seconded by

Commissioner Ce.ors£ /Jori~ I the Board of Commissioners voted as follows:

AYE NAY

Commissioner, Paul Bird / Commissioner, George Jones z Commissioner, John Henderson AbStttil Commissioner, Gary Jennings / <'. Commissioner, Julie Wischer 7

~ • l 0~ ' .... Tom Williams,--- P.E. General Manager LEASE AGREEMENT

THIS LEASE AGREEMENT made this __ day of______, 2017, between the City of Henderson, a City of the Home Rule Class of the Commonwealth of Kentucky, 222 First Street, Henderson, Kentucky 42420, and the Water and Sewer Commission of the City of Henderson, doing business as the Henderson Water Utility (HWU), 111 Fifth Street, Henderson, Kentucky 42420, {together, "Lessor")and Habitat for Humanity of Henderson, Kentucky, Inc., 1030 Third Street, Henderson, KY 42420 ("Lessee").

WITNESS ETH:

WHEREAS, Lessee has requested that Lessor allow it to lease the parking lot located near the Third Street Basin, located at the intersection of Third and Clark Streets, and,

WHEREAS, the Lessee and Lessor have reached an agreement authorizing the Lessee's employees and customers to use the Parking Lot.

NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties mutually agree as follows:

1. Premises: The Lessor leases to the Lessee the parking lot located near the Third

Street Basin, located at the intersection of Third and Clark Streets, being more

particularly shown as "HWU/Habitat Parking Lot" on the map included as Exhibit A

to this Lease Agreement as hereinafter stated and for no other purpose than to

allow Lessee's employees, guests and customers to park on the lot in conjunction

with Lessee's normal operations.

2. Term: The term of this lease shall be for a period of one year commencing from the

date of execution of this Lease Agreement. This lease shall automatically renew for

an additional twelve-month term, subject to reasonable changes in lease terms by

Lessor, unless either party gives the other party notice of its intent not to renew at

least thirty (30) days prior to the expiration of the initial term or any additional

twelve-month terms. In addition, either party may terminate this agreement,

without cause, by giving thirty (30) days written notice to the other party and this

lease shall automatically terminate should Lessee cease to use the leased premises

for employee and/or customer parking. Further, the Lessee agrees to suspend this lease any time that the Lessor gives notice for the need to use the parking lot

temporarily.

3. Rental: Lessee agrees to pay to Lessor as rent for the premises the annual sum of

$1.00 during the term of this lease or any renewal thereof.

4. Maintenance: Lessee shall inspect the parking lot and give the City notice of any

defect or dangerous conditions. It shall be the Lessees' responsibility to keep the

parking lot cleared of any snow or ice. If either party or their agents/guests cause

damage which would be beyond "normal wear and tear", that party shall be

responsible to fix the damage at their expense. Failure to do so by the Lessee shall

cause this lease to terminate after reasonable notice has been given and the damage

remains unfixed.

5. Liability/ Insurance: Lessee shall indemnify, defend and save Lessor, its elected and

appointed officials, employees and agents harmless from any and all claims, loss,

costs or damage, including Lessor's attorney's fees and costs, that may arise out of

or resulting from or in connection with this lease or the use of the leased premises

by Lessee, or its agents, employees, guests, customers, or any other person using

the premises; and Lessee agrees to deliver to Lessor upon execution of this lease

executed copies of insurance coverage as follows:

The Lessee shall, during the course of the lease and prior to commencing

performance under this lease, secure Commercial General Liability insurance with a

minimum of $1,000,000 Combined Single Limit for any one occurrence for bodily

injury, personal injury and property damage. The insurance certificate shall show

coverage limits for the following:

a. General Aggregate

b. Products/Completed Operations

c. Personal & Advertising Injury

d. Each Occurrence

e. Medical Expenses (Any one person)

f. Damage to Rented Premises (Each Occurrence) A minimum $2,000,000 General Aggregate shall also be provided.

Workers' Compensation insuring the employers' obligations under Kentucky

Revised Statutes Chapter 342 at Statutory Limits and Employers' Liability - $100,000

Each Accident/$500,000 Disease - Policy Limit/$100,000 Disease - Each Employee.

Commercial General Liability Coverages are to be written on an occurrence basis

through an insurance company or companies lawfully authorized to do business in

the Commonwealth of Kentucky with a Best's rating of no less than A-.

The City of Henderson, its elected and appointed officials, employees, agents

and successors and volunteers are added as "Additional Insured" as respects liability

arising out of activities performed by or on behalf of the Lessee entering into this

agreement including the Lessee's general supervision of the premises owned,

occupied or used by the Lessee. The coverage shall contain no special limitations on

the scope of protection afforded to the City, its elected and appointed officials,

employees, agents and successors and volunteers.

Lessee's insurance coverage shall be primary insurance as respects liability

arising out of activities performed by or on behalf of the Lessee including the

Lessee's general supervision of the premises owned, occupied or used by the Lessee.

Any insurance or self-insurance maintained by the City, its elected and appointed

officials, employees, agents and successors and volunteers shall be excess of

Lessee's insurance and shall not contribute to it.

Each insurance policy required shall be endorsed to state that coverage shall not

be suspended, voided, canceled, reduced in coverage or in limits except after 30

days' prior written notice by certified mail has been given to the City. Any

deductibles or self-insurance retentions must be declared to and approved by the

City. Certificates of Insurance shall be furnished to HWU, 111 Fifth Street,

Henderson KY 42420, FAX: 270.826.2428.

6. Assignment: No portion of the leased premises shall be sublet or assigned and any

attempt to sublet or assign this lease shall be of no force or effect and shall confer

no rights upon any assignee or sublessee. 7. Entire Agreement: The parties acknowledge that this written agreement contains

the entire agreement between them and it may be modified only in writing, signed

by both parties.

IN WITNESS WHEREOF, the parties have executed this instrument on the date written above subject to appropriate orders and resolutions.

WATER AND SEWER COMMISSION OF THE CITY OF HENDERSON, KENTUCKY

By: Attest: ______

R. Paul Bird, Jr., Board Chairman George Jones, Ill, Secretary

Date Signed: _____

CITY OF HENDERSON, KENTUCKY

By: ______Attest: ------Steve Austin, Mayor Maree Collins, City Clerk

Date Signed: _____

HABITAT FOR HUMANITY OF HENDERSON, KENTUCKY, INC.

By: ______Attest: ______

Date Signed: ______COMMONWEALTH OF KENTUCKY }SS COUNTY OF HENDERSON

The foregoing instrument was subscribed and sworn to before me this __ day

of______~ 2017, by R. Paul Bird, Jr., and attested to by George Jones, Ill.

NOTARY PUBLIC

My Commission Expires: ___

COMMONWEALTH OF KENTUCKY }SS COUNTY OF HENDERSON

The foregoing instrument was subscribed and sworn to before me this __ day of______, 2017, by Mayor Steve Austin and attested to by Maree Collins, City Clerk.

NOTARY PUBLIC

My Commission Expires: ___

COMMONWEALTH OF KENTUCKY )SS COUNTY OF HENDERSON

The foregoing instrument was subscribed and sworn to before me this __ day of______., 2017, by by and through ______, its ______

NOTARY PUBLIC

My Commission Expires: ___

City Commission Memorandum 17-208

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager K S/ }...J.

SUBJECT: Lease of Pocket Park

The accompanying municipal order authorizes a lease between the City of Henderson and Historic Second, LLC for use of a portion of property located at 225 Second Street in Henderson for use and maintenance of a pocket park.

The attached Legal Department Memorandum from City Attorney Dawn Kelsey explains the terms of the lease and the location of the proposed pocket park. A ten (10) year lease has been negotiated for that portion of the property, which can be terminated at any time with one hundred eighty (180) days written notice.

Your approval of the attached municipal order is requested.

c: Dawn Kelsey Trace Stevens Robert Gunter Dylan Ward LEGAL DEPARTMENT

MEMORANDUM 17-12

To: Russell Sights, City Manager

From: Dawn S. Kelsey, City Attorney~

Dated: September 7, 2017

Subject: Pocket Park Lease

Commissioner Staton and I have negotiated a lease with Scott Logan who is the Manager of Historical Second LLC which owns the parking lot located at 225 Second Street. As has previously been presented to the Board of Commissioners, there is a desire to place a pocket park at the front of the Parking lot which would encompass the current curb island that is on the parking lot. We have negotiated a 10 year lease for that portion of the property. The lease can be terminated at anytime with 180 days written notice. At the termination of the lease, the property must be returned to the Historical Second LLC in the same condition as it was received. The rent payment will be the city taxes and assessment due on the entire parcel. The city is responsible for the cost of creating the park and any utilities to the park. The City is responsible for the insurance on the park and to name Historical Second LLC as an additional insured.

cc: Brad Staton, Commissioner Trace Stevens, Park & Recreation Director Robert Gunter, Finance Department Director Dylan Ward, Public Works MUNICIPAL ORDER ----

MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND HISTORIC SECOND, LLC OF ATLANTA, GEORGIA FOR A PORTION OF THE PROPERTY LOCATED AT 225 SECOND STREET. HENDERSON, KENTUCKY; AND AUTHORIZING MAYOR TO EXECUTE THE LEASE ON BEHALF OF CITY

WHEREAS, Historic Second, LLC ("Lessee") has requested to the City ofHenderson ("Lessor") to lease a portion of the property located at 225 Second Street to be used for the sole purpose of maintaining a pocket park; and

WHEREAS, the Lessee and Lessor have reached an agreement authorizing Lessee to use and maintain the portion of property as a pocket park; and

WHEREAS, the City Manager recommends the City enter into such lease agreement; a copy of which is attached hereto.

NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the attached Lease Agreement between the City of Henderson, Kentucky and Historic Second, LLC, 2276 Meadowvale Drive, NE, Atlanta, Georgia 30345 is hereby approved, and the Mayor is authorized to execute the lease on behalf of the City.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO E0RM AND LEGALITY THIS _Q_ DAY OF SEPTEMBER,By:4~~ 2017. City Attorney LEASE AGREEMENT

BY THIS AGREEMENT, made and entered into this the __ day of

______2017, by and between, HISTORIC SECOND, LLC, 2276 Meadowvale

Drive NE, Atlanta, Georgia 30345, hereinafter referred to as, LESSOR, and CITY OF

HENDERSON, 222 First Street, Henderson, Kentucky 42420, hereinafter referred to as

LESSEE, Lessor hereby leases to Lessee a portion of the property located at 225 Second Street,

Henderson, Kentucky 42420, more particularly described as follows:

Being a 10'+ by 82'+ Curb Island running along the North Right of-Way of Second Street, being within the property described in Deed Book 608 Page 840 and as Lot 1 in Plat Book 7 Page 588 B (the "Leased Property").

The parties further mutually agree as follows:

1. LEASE TERM. The term of this Lease shall be for ten (10) years to run from the __ day of ______, 2017.

Lessee shall have the option to extend the term of this Lease for additional five (5) year terms by delivering written notice of its election to do so to the Lessor at the address given above no less than one hundred eighty (180) days before the expiration of the initial term of this Lease.

Written notice of Lessee's election to renew for any subsequent five (5) year term must also be given by delivery notice in writing at the address specified for Lessor no less than one hundred eighty ( 180) days before the expiration of any renewal term of this Lease.

2. RENT. Lessee agrees to pay to Lessor as rent for the property during the term of this lease the amount of city taxes and assessments due thereon with respect to the parcel on which the Leased Property is located, which parcel is more specifically identified as that property known by municipal address 225 Second Street, Henderson, KY 42420, and for other

1 good and valuable consideration, including the agreement by Lessee to manage the Leased

Property throughout the term of this lease as herein provided for the benefit of the City of

Henderson.

3. USE OF PREMISES. The Leased Prope1iy shall be used by the Lessee for the sole purpose of maintaining a pocket park and for the related uses of said pocket park, and no other use is permitted. Lessee shall not use or willingly allow the property to be used for any unlawful purposes. The Lessee shall, at Lessee's own cost and expense, promptly observe and keep all laws, rules, orders, ordinances and regulations of the federal, state and city governments, and any and all of their departments, bureaus and those of any other competent authority, relating to the use of the Leased Property, as well as to all regular repairs which may be thereon, as herein provided. Lessee shall not cause or allow any mechanics' or other liens to be filed on the

Leased Property, and, in the event a lien is filed on the Leased Property, Lessee shall make reasonable efforts to have said lien released within a reasonable time from receipt of notice of the lien. Lessor has the right to post a sign at the Second Street entrance to the parking lot.

4. UTILITIES. Lessee shall be responsible for the installation of, if applicable, and for paying all utility services required for the Leased Property.

5. TAXES. Lessor agrees to pay all real property taxes with respect to the real estate of the Leased Property, with the exception of city taxes, which will be paid by Lessee.

6. REPAIRS AND MAINTENANCE. Lessee is responsible for ordinary repair and maintenance of the Leased Property and any of Lessee's improvements thereon. Lessee shall place the Leased Property on the City of Henderson's maintenance route. Lessee shall be responsible for and maintain two (2) trash receptacles on the Leased Property, and the City of

Henderson Department Parks and Recreation shall pick up trash at the Leased Property as well as

2 any trash in the adjacent parking lot that appears to have originated from the Leased Property.

7. INSURANCE AND INDEMNIFICATION. Lessee shall maintain and be responsible for payment of liability insurance. Lessee shall cause their insurer to execute a proper endorsement on said policy, or policies of liability insurance naming the Lessor as an additional insured under the terms of such policy.

8 ALTERATIONS AND IMPROVEMENTS. Lessor understands it is Lessee's intent to make and/or erect certain improvements on the Leased Property, and Lessor hereby consents to same. Any and all improvements made to or on the Leased Property shall be the property of Lessee and will be remain in Lessee's ownership and possession following termination of this Lease.

9. DEFAULT AND REMEDIES OF LESSOR. If default be made in the payment of any of said rent payments for 15 days after same is due, or in the observance or performance of any of the terms, conditions or agreements herein contained, Lessors shall have the following remedies:

(a) Lessor may sue to collect any and all sums which may accrue to Lessor by virtue of the provisions of this Lease or for any and all damage that may accrue by virtue of the breach of this Lease, or both, including attorney fees and costs, all for which sums Lessor shall have a lien on Lessee's property in the Leased Property;

(b) Lessor may take possession of the Leased Property, declare this Lease

Agreement terminated effective immediately, and Lessee shall vacate said property either voluntarily or under process of law;

(c) Lessor may sue to restrain by injunction any violation or threatened violation of the covenants, conditions or provisions of this lease; and

3 (d) All other remedies provided by law.

10. TERMINATION. This Lease may be terminated by either party, for any reason, upon one hundred eighty (180) days prior written notice pursuant to the notice requirements of

Section 18 herein, or in the event of default as otherwise provided for in this Lease Agreement.

11. CONDITION OF PREMISES UPON TERMINATION. Upon the effective termination of this Lease, Lessee shall restore the Leased Property to its condition prior to the execution of this Lease, unless Lessor and Lessee agree otherwise at the time of termination.

12. PROVISION IN EVENT OF FIRE OR OTHER CASUALTY. If the leased premise is destroyed or rendered untenantable by fire or other casualty, and the damage is of such a nature that by fair estimate at the time it cannot be repaired within ninety (90) days thereafter, then this Lease may be terminated at the option of either party.

13. NON-WAIVER PROTECTION. No waiver of any condition or covenant of this Lease by either party hereto shall be deemed to apply or constitute a further waiver by such party of the same or any other condition or covenant.

14. ASSIGNMENT OR SUBLETTING. Lessee shall not have the right to assign this Lease or sublet the Leased Property without the prior written consent of Lessor.

15. EXHIBITS. The following attached Exhibits are hereby made part of and incorporated into this Lease as though fully set forth herein:

Exhibit 1: Site Plan;

Exhibit 2: Conceptual Plan; and

Exhibit 3: Liability Insurance Declarations Page for the City of Henderson.

16. ENTIRE AGREEMENT. Lessor and Lessee agree that all agreements and understandings heretofore made between them are embodied in this document and no changes

4 shall be made to this Lease Agreement unless in writing and signed by all of the parties hereto and in the same manner and form as this Lease has been signed by the parties.

17. PARTIES BOUND. The terms, conditions, and provisions of this Agreement shall mure to and be binding on the parties hereto and their respective heirs, personal representatives, successors and assigns.

18. NOTICE. Any notice required to be delivered to a party hereto in writing by the terms of this Agreement shall be delivered if hand delivered, or if placed in the United States

Mail, postage prepaid, and addressed to the parties at the following addresses:

LESSOR: LESSEE: Historic Second, LLC City of Henderson ATTN: Mr. Scott Logan ATTN: City Manager 2276 Meadowvale Drive NE 222 First Street Atlanta, Georgia 30345 Henderson, Kentucky 42420

19. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the Commonwealth of Kentucky, and any and all claims arising from this Agreement shall be brought in the appropriate court in Henderson, Kentucky

20. CAPTIONS. The captions preceding the paragraphs in this Agreement are for the purpose of reference only and shall not in any way limit, define or otherwise affect the meaning of any of the terms and provisions of such paragraphs.

IN TESTIMONY WHEREOF, witness the signatures of the parties hereto, in duplicate, on the day and year first above written.

LESSOR:

HISTORIC SECOND, LLC B~~~ cottLogan

5 LESSEE:

CITY OF HENDERSON, KENTUCKY

By: ______Steve Austin, Mayor

ATTEST:

Maree Collins, City Clerk

6 City Commission Memorandum 17-209

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager f[\S/ 1J..._,

SUBJECT: Approval of Recycling for Commercial Businesses Through September 30, 2018

The accompanying municipal order approves recycling through September 30, 2018 for commercial businesses that were served by Henderson Recycling for $5.00 per month for material handling fee.

Henderson Recycling has not made other arrangements with commercial customers to continue recycling pickup. Advanced Disposal currently has the contract for the City's residential curbside recycling, and is agreeable to pick up commercial recycling in the 96 gallon curbside containers for the cost of $5.00 per month through September 30, 2018.

Your approval of the attached municipal order is requested. MUNICIPAL ORDER --- MUNICIPAL ORDER APPROVING RECYCLING THROUGH SEPTEMBER 30, 2018 FOR COMMERCIAL BUSINESSES THAT WERE SERVED BY HENDERSON RECYCLING FOR $5.00 PER MONTH FOR MATERIAL HANDLING FEE

WHEREAS, Henderson Recycling is currently idling its sorting operation and commercial pick up of 96 gallon containers and large roll off containers; and

WHEREAS, recycling is beneficial to the City of Henderson because it keeps recyclable materials out of the landfill; and

WHEREAS, Advanced Disposal which currently has the contract for the City's residential curbside recycling is agreeable to pick up commercial recycling in the 96 gallon curbside containers for the cost of $5.00 per month through September 30, 2018; and

WHEREAS, Henderson Recycling has not made other arrangements with commercial customers to continue recycling pickup.

NOW, THEREFORE, BE IT ORDERED, by the City of Henderson, Kentucky, that the current commercial customers of Henderson Recycling with 96 gallon Henderson Recycling containers be offered to continue recycling services through September 30, 2018 with a $5.00 per month recycling fee added to their utility bill.

On motion of Commissioner , seconded by Commissioner------' that the foregoing Order be approved, the vote was called.

On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor Date: ------ATTEST:

Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS_£ DAY OF SEPTEM;fR, 2017. i By: Dawn S. Kelsey City Attorney City Commission Memorandum 17-192

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Purchase of Refuse Packer

The accompanying municipal order authorizes the purchase of a 2018 Freightliner chassis with a 16 cubic yard rear loading New Way Cobra refuse packer from Truck Centers, Inc., Evansville, Indiana, in the amount of $116,709.00.

The refuse packer will be placed in the Public Works Department for use in the Sanitation Collection Division replacing unit 344-002, a 2004 Sterling SC8000 with in excess of 104,000 miles that has outlived its useful life.

Bid packages were sent to seventeen vendors, with five vendors submitting nine bids. All bids received met specifications and award is recommended accordingly.

Adequate funds are budgeted and available in the Fiscal 2018 Budget for this purpose. Your approval of the attached municipal order is requested.

c: Brian Williams Robert Gunter Paul Titzer Public Works Memorandum 17-14

Date: Aug. 22, 2017

TO: Russell Sights, City Manager

FROM: Brian Williams, Public Works Director ',6v-J

RE: Bid Reference No. 17-19, Yard Refuse Packer

Bids were opened Aug. 18, 2017 for a 16 cubic Yard Refuse Packer. The bids opened were as follows:

Bidder Amount Truck Centers $116,709.00 & $125,867.00 Worldwide Equipment $116,919.00 & $126,077.00 Sternberg International $120,082.52 & $129,240.52 Truck Component $121,024.00 & $123,538.00 CMI Equipment $121,942.00

This bid is for the purchase of a 2018 Freightliner with New Way Cobra Packer Bed which will replace vehicle #344-002 a 2004 Sterling SC 8000 Sanitation Truck with over 104,000 miles. I recommend that Bid Reference No.17-19 in the amount of$116,709.00 be awarded to Truck Centers, Evansville, IN. CITY OF HENDERSON, KENTUCKY I- BID TABULATION SHEET z u w z :i I- BID REFERENCE NO.: 17-19 a. z Cl) 5 0 ..J ~o I- a::: z <(_z zZ DATE BID OPENED: 08/18/17 w- O:? wt- I- - ~~ (!) z - a. - zW 0 - a:::Q~ :?0 :? - w ::I w I- ..J 0 a::: a.~ APPROVAL DATE: u- ~z uO - ..J 00 co~> ~LL ::, - ~~ z a::: en (.)LL 02: uz ..J !z O:::wZ w:c ACCEPTANCE FORM SENT: 0:::- ::, ~ -en ~~ ~I-~ a::: I- :? <( 1-W i~ en~ w t- en uz

16 Cubic Yard Refuse Packer ..; $116,709.0Q $116,919.00 $120,082.52 $121,024.00 $121,942.00 " ,;~·~ '" Alternate bid $125,867.00 $126,077.00, $129,240.52 $123,538.00

Other Bidders Contacted: Bids Ooened i Recorded By: Bids Reviewed By: Audubon Chrysler Center, Dempewolf Ford, Henderson Chevrolet, Miller Truck Equipment, Ruxer Truck Center, J. Edinger & Son, Peterson Truck Center, Tri-State Truck Equipment, Evansville Truck Center, Tri-State Sales & ,~/'/!~ - , - Serivice, Freightliner of Evansville, Stringfellow, Inc., Meyer Truck Equipment Co. Robert Gunter . Brian Williams Leigh Anne Herron Sam Lingerfelt ~~ 06-01-14H City of Henderson, Kentucky Invitation to Bid

Bid Reference No. 17-19

TECHNICAL SPECIFICATIONS

The City of Henderson is soliciting bids for one (1) - new 16 cy rear loading refuse packer.

All bid prices shall include delivery of the new vehicle to the City of Henderson, Central Garage, 1449 Corporate Court.

All vendors shall state warranty conditions for chassis and packer.

Questions regarding the specifications for this bid may be directed to Brian Williams, Public Works Director, at 270-831-1224. Bid procedure questions may be directed to Robert Gunter, Finance Director, at 270-831-1200.

CAB TO AXLE 112 Inches

ENGINE Diesel w/200 HP and full variable speed governor, 520 ft lb gross torque, shall meet the latest emission standards

AXLES 10,000 lbs front axle, 55 degree turn radius 23,000 lbs rear axle GVWR 33,000 lbs

TRANSMISSION Allison MD3500 RDS, 6 speed refuse special or equivalent, dash mounted push button shift, Magnetic Plugs

EQUIPMENT Spin on filters, ale, engine block heater(s), full power steering, 160 amp alternator, maximum output @ 1,800 RPM, two front tow hooks, multiplex wiring system for cab & body, backup safety vision camera positioned so driver can see all activity at the rear of the truck

TIRES Steering 11 R22.5 Drive l 1R22.5 All Season

BRAKES Full air w/ dryer and low pressure buzzer warning TECHNICAL SPECIFICATIONS Page2

SUSPENSION Front- flat leaf 14,600 lb capacity w/shocks, Rear - flat leaf 30,000 lb capacity w/rear shocks and helper with radius rods

CAB Conventional aluminum high visibility, west coast style mirrors W /8" spot coast type highway marker lights, air ride driver seat, stationary two man passenger bench seat, tilt steering wheel, ale, strategically placed interior grab handles, fluorescent orange seat belt/shoulder harness, 2500 square inch windshield

PAINT Cab and packer body to be white

PACKER BODY Shall have been in production for a minimum of 5 years

CAPACITY 16 cy exclusive of hopper

HOPPER CAP A CITY Minimum of 3 cy exclusive of attachments

PACKER BODY CONSTRUCTION Minimum 11 gauge hi tensile steel. Body and roof reinforced by a minimum of 4 vertical braces. Body shall be capable of a compaction rate of 1,000#/cy.

BODY FLOOR 3/16" steel with drain plug

HOPPER CONSTRUCTION Minimum 3/16" sidewalls

HOPPER FLOOR Minimum 3/16", I 00,000 psi one piece floor with drain hole

PACKING CYLINDERS Minimum 4" cylinders required for compaction up to 1,000#/cy and be capable of applying a force of I 0,000# each

CONTROLS Shall include hot shift PTO, drive alert buzzers, dual lever manual packer controls capable of stopping and reversing direction of packing mechanism at any point during the compaction cycle in compliance with all current ANSI/OSHA safety standards. TECHNICAL SPECIFICATIONS Page 3

LIGHTING Shall comply with all federal/state DOT requirements, shall be equipped with an upper rear light panel to be equipped with strobe lights controlled from cab and hopper mounted work light

OTHER EQUIPMENT Steps and grab handles on each side of the tailgate; steps and handles to have anti skid/non-slip surface; steps not less than 15" above ground; 8,000# drum winch with all attachments capable of picking up to a 6 cy dumpster.

Apparatus must be in full compliance with applicable ANSI standards as related to Mobile Refuse Collection equipment.

-End of Section-

06-01-141 MUNICIPAL ORDER. ----

MUNICIPAL ORDER ACCEPTING BID FOR PURCHASE OF ASIXTEEN(l6)CUBICYARDREFUSEPACKER, TO TRUCK CENTERS,INC. EVANSVILLE OF EVANSVILLE, INDIANA IN THE AMOUNT OF $116,709.00

WHEREAS, the City of Henderson has issued invitations to bid for a sixteen (16) cubic yard loading refuse packer; and

WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on August 18, 2017, with Truck Centers, Inc.- Evansville of Evansville, Indiana, submitting the best bid, which bid the City Manager recommends be accepted.

NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Truck Centers, Inc.-Evansville, 325 Rusher Creek Drive, Evansville, IN 47725, for the purchase of a sixteen (16) cubic yard refuse packer, in the amount of$116,709.00, in strict accordance with its bid as submitted pursuant to Bid Reference 17-19.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS ;3Q_ DAY OF AUGUST, 2017.

By: f4aii,~ awn S. Kelsey City Attorney City Commission Memorandum 17-203

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Purchase of Small Size SUV

The accompanying municipal order authorizes the purchase of a 2017 Ford Escape from Town and Country Ford, Evansville, Indiana in the low bid amount of $20,186.00.

The Ford Escape will be used in the Codes Department.

Bid packages were sent to 18 vendors, with six bids received. The low bid of $20,186.00 fully complies with the bid specifications and award is recommended accordingly.

Sufficient funds are available in the Fiscal 2018 budget for this purchase.

Your approval of the attached municipal order is requested.

c: Ray Nix Robert Gunter Code Enforcement Dept. Memorandum

Date: 28-Aug-17

To: Russell Sights, City Manager

From: Ray Nix, Code Administrator

RE: Bid Reference No. 17-21, One (1) Small Size Front Wheel Drive (FWD) SUV

Bids were opened on August 22, 2017 for One (1) Small Size Front Wheel Drive (FWD) SUV. The Bids opened were:

Bidder Amount Town & Country Ford $20,186.00 D-Patrick, Inc. $20,403.00 Bachman Auto Group $20,496.00 Bob Hook Chevrolet $21,137.00 Don Moore Automotive $21,575.00 Whiteside of St. Clairsville, Inc. $21,900.00

This bid is for the purchase of a 2017 Ford Escape which will replace vehicle #233-001, a 1997 Ford Taurus that no longer is operational and has been on the replacement year for the past two (2) years. I recommend that Bid Reference #17-21 in the amount of $20,186.00 be awarded to Town & Country Ford, Evansville, IN. This purchase is a budgeted item and bid amount came in under budget. CITY OF HENDERSON, KENTUCKY (.) BID TABULATION SHEET C: ~ a, ·s: a. > BID REFERENCE NO.: 17-21 "E :::, ~ 0 a:i '5 "ffi LL e Cl E 0 I ~ e .;Q DATE BID OPENED: 08/22/17 0 > ~ ?2 (/) - -C: z cjZ ~>- .._ a, :, - C: - (.) ~ () = <1!= 0 .J!:! "O I!? cc:! ~ ·c: > o= o..c "iii "ffi .... U) E ·s: Ii;; ~ ~ a, - (1J C: .c .!!! ±:: (.) () :::, ..c ·- ACCEPTANCE FORM SENT: i ~ a. ro 0:::, 0 > I > (1J 0 § ; f- w Cl w en _J en .3 00 i u5

Small Size FWD SUV $20,186.00 $20,403.00 $20,496.00 $21,137.00 $21,575.00 $21,900.00

Other Bidders Contacted: Bids Opened & Recorded By: Bids Reviewed Bv: Moore Ford-Mercury, Expressway Auto World, Audubon Chrysler Center, Dempewolf Ford Lincoln-Mercury, Henderson Chevrolet-Oldsmobile, Paul Miller Ford, Wildcat Ford, Jones Auto Group, Ruxer Auto, Uebelhor & Sons, ?~~ Freedom Dodge Chrysler Jeep, Steve Jone Chrysler Jeep Dodge Paul Titzer Stephanie Weiner hli}(}~Dl/\H ·1NIMA/\ 4:1; \ 06-01-14H City of Henderson, Kentucky Invitation to Bid

Bid Reference No. 17-21

SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS

The City of Henderson is soliciting sealed bids for the below listed new vehicle.

Each bidder shall furnish specifications, length of warranty, list of all features and/or optional equipment and delivery time required after receipt of order.

Each bidder shall be required to submit a copy of the enclosed "Statement Required Pursuant to KRS 45A.395".

Bid price shall include delivery to the City of Henderson, Municipal Service Center, 1449 Corporate Court, Henderson, Kentucky.

Bids shall remain valid for a period of thirty (30) days after bid opening.

Bid procedure questions may be directed to Robert Gunter, Finance Director, at 270-831- 1290, ext. 2215.

One (1) New 2017 or 2018 Model Year FWD Chevy Equinox, Ford Escape or equivalent small SUV

The following options shall be included in the bid price:

• 4 Door • Engine (minimum) - 2.4 Liter • Wheelbase (minimum) 105" • Length (minimum) - 178" • FWD • Transmission - automatic • A/C • Power antilock brakes • Cruise control • Power windows, locks and remote • Dual power outside mirrors • Rear window defroster • Tilt wheel • AM/FM radio • Spare tire • Seats: cloth front & rear • Full carpet with all weather rubber floor mats • Rubber cargo area protector mat • Color: white

- End of Section - 6-01-l4E MUNICIPAL ORDER ----

MUNICIPAL ORDER AWARD ING BID FOR THE PURCHASE OF A FOUR-WHEEL DRIVE SUV TO TOWN & COUNTRY FORD OF EVANSVILLE, INDIANA, IN THE TOTAL AMOUNT OF $20,186.00

WHEREAS, the City of Henderson has issued invitations to bid for the purchase of a a four-wheel drive SUV for the Codes Department; and

WHEREAS, bids were submitted to the City of Henderson pursuant to said invitations, and were publicly opened on August 22, 2017, with Town & Coutry Ford of Evansville, Indiana submitting the best bid which bid the City Manager recommends be accepted.

NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Town & Country Ford, 7720 E. Division Street, Evansville, Indiana 47715 for the purchase of a four-wheel drive SUV for the Codes Department in the total amount of $20,186.00, in strict accordance with their bid as submitted pursuant to Bid Reference 17-21.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood:

Commissioner Bugg: Commissioner Pruitt: --- Commissioner Vowels: --- Mayor Austin: Commissioner Staton:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING and Mayor Austin, affixed his signature and the date thereto and ordered that the same be recorded.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO F.QRM AND LEGALITY THIS ~DAY OF AUGUST, 7017- • . / 7 By: ,+.~tr.~~~ City Attorney City Commission Memorandum 17-206

September 8, 2017

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager /\5~ SUBJECT: City Manager's Report

I. Rezonings # 107 5 - along Constanza Drive, north of Wolf Hills Blvd. and west of Wathen Lane; and #1077 with Narrative Development Plan - Players Club Golf Course

The Planning Commission Recommendation of Disapproval on Zoning Map Amendments shall be final, unless an aggrieved party or the Board of Commissioners files written notice to the Planning Commission within the allotted twenty-one (21) day time period to have the Board of Commissioners make the final decision.

The Planning Commission conducted public hearings and made recommendations at their meeting of September 5, 2017 on these rezoning requests. The rezoning recommendation of disapproval will become final on Wednesday, September 27, 2017.

No formal action is necessary unless a written request is received by the Planning Commission from either an aggrieved person or the Legislative Body on or before September 26, 2017.

II. Request for Placement of a Flag Pole to Commemorate Centennial

The Rotary Club of Henderson would like to place a flag pole in Redbanks Park with the base commemorating the 1ooth year of Henderson Rotary Club. The Rotary Club will be responsible for all costs of the project- materials and installation. c: Brian Bishop Ray Nix Doug Boom Pl•nnln11 the Future Henderson City-County Planning Commission Brian Bishop, Executive Director, AICP, CFM

REQUEST FOR LEGISLATIVE BODY TO DECIDE ZONING MAP AMENDMENT

APPLICANT CORMAN-MCQUEEN GOLF, INC. & MBTJ,LLC

ADDRESS OF PROPERTY 800 WOLF HILLS BLVD. (PORTION OF PLAYERS CLUB GOLF COURSE) REQUESTED FOR ZONE CHANGE HENDERSON, KY 42420 ACREAGE INVOLVED 5.088 AND 25.8 ACRES

RE-ZONING CASE NUMBER# REZONING #1075

ZONE CHANGE REQUESTED (LIST ZONE) FROM GOLF COURSE ONLY RESTRICTED USE IN AN AGRICULTURAL (AG) ZONE TO RESIDENTIAL-1.

DATE OF PLANNING COMMISSION HEARINGS AUGUST 15, 2017; AUGUST 16, 2017; & AUGUST 17, 2017, AND FINAL PLANNING COMMISSION ACTION WAS SEPTEMBER 5, 2017

PLAN COMMISSION FINAL RECOMMENDATION APPROVE DENY DATE 9/05/2017

(CHECK APPLICABLE) X

NOTICE FOR LEGISLATIVE BODY TO DECIDE ZONING MAP AMENDMENT MUST BE FILED WITHIN TWENTY ONE (21 DAYS) OF PLANNING COMMISSION RECOMMENDATION

NOTICE FILED BY

Please indicate what party is HENDERSON COUNTY FISCAL COURT requesting and which Legislative Body, CITY OF HENDERSON by checking appropriate boxes CITY OF CORYDON

AGGRIEVED PERSON

LEGISLATIVE BODY

NAME REQUESTING PARTY (PLEASE PRINT)

SIGNATURE

DATE NOTICE FILED

SUBMITTAL OF THIS WRITTEN REQUEST/NOTICE TO THE HENDERSON CITY/COUNTY PLANNING COMMISSION (THE "PLANNING COMMISSION") BY THE APPROPRIATE PARTY, SERVES AS A WRITTEN REQUEST/NOTICE IN ACCORDANCE WITH KRS 100.2111(4) THAT THE FINAL DECISION ON THE ABOVE REFERENCED MAP AMENDMENT APPLICATION IS TO BE MADE BY THE APPROPRIATE LEGISLATIVE BODY. IF NO KRS.2111(4) WRITTEN REQUEST/NOTICE IS FILED BY EITHER THE LEGISLATIVE BODY OR AN AGGRIEVED PERSON, WITH THE PLANNING COMMISSION, WITHIN 21 DAYS AFTER THE FINAL ACTION OF THE PLANNING COMMISSION, THEN THE RECOMMENDATION OF THE PLANNING COMMISSION, RELATING TO THIS APPLICATION FOR MAP AMENDMENT (REZONING), SHALL BE DEEMED (SHALL BECOME) AUTOMATICALLY IMPLEMENTED BY THE BOARD OF CITY COMMISSIONERS, SUBJECT TO APPEAL PROVISIONS OF KRSl00.347(3).

• 1990 BARRET COURT• SUITE C • HENDERSON, KY 42420 • PHONE (270) 831-1289 • FAX (270) 831-1237 • WEB: WWW.HENDERSONPLANNING.ORG Henderson City-County Planning Commission Henderson City/County Recommendation on Zoning Map Amendment

APPLICANT: CORMAN-MCQUEEN GOLF, INC & MBTJ, LLC ADDRESS 800 WOLF HILLS BLVD. (PORTION OF PLAYERS CLUB GOLF COURSE) RE-ZONING CASE NUMBER Rezoning #1075 ZONE CHANGE REQUESTED: FROM GOLF COURSE ONLY RESTRICTED USE IN AN AGRICULTURAL (AG) ZONE TO RESIDENTIAL-1.

Having Considered the above matter at a Public Hearing on (date): August 15, 2017, August 16, 2017 and August 17, 2017 and having made a final recommendation with Findings of Fact on September 5, 2017 And having voted (tally) §. Yes, 1_No, !_Abstain To submit this Recommendation to the Uurisdiction) City Commission The Henderson City/County Planning Commission recommended Disapproval of this application/proposal, based on the following findings of fact and conditions. FINDINGS OF FACT:

MOTION WAS MADE BY DAVID WILLIAMS SECONDED BY MAC ARNOLD TO ADOPT THE TWENTY-SIX (26) PAGE MOTIONS, FINDINGS OF FACT AND SUMMARY (THE "FINDINGS"), WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. IN SUMMARY, THE FINDINGS RECOMMEND THAT THE CITY OF HENDERSON BOARD OF COMMISSIONERS DISAPPROVE (NOT APPROVE) REZONING #1075. VOTE: Doug Bell Abstain Gray Hodge Abstain Kevin Herron Abstain David Dixon Aye Rodney Thomas Abstain Gary Gibson No Dickie Johnson Yes Mac Arnold Yes Bobbie Jarrett Yes David Williams Yes CONDITIONS: DESCRIPTION: ATTESTED TO ON: MONTH : 09 DAY: 05 YEAR: 2017

EXECUTIVE DIRECTOR ENCLOSURES: 26 PAGE Fmdin s, Attachments and Exhibits

Pursuant to KRS100.2111(4) the above recommendation of the Henderson City-County Planning Commission (the "Planning Commission") will become automatically implemented by the Henderson City Board of Commissioners, on Wednesday, September 27, 2017 (one day after the 21 day request/notice period expires) unless, within twenty-one (21) days after the Planning Commission's final recommendation, either: 1) The Henderson City Board of Commissioners files a written notice with the Planning Commission pursuant to KRS100.2111(4)(b), that it chooses to make the final decision on this application for zoning map amendment (rezoning), or, 2) an aggrieved person files a KRS100.2111 (4)(a), written request with the Planning Commission requiring that the City Commission make the final decision. A full transcript of the minutes of the Planning Commission public hearing and meetings, the Findings, Attachments and Exhibits thereto, along with possibly other pertinent information, are enclosed and incorporated herein by reference.

1990 Barret Court• Suite C • Henderson, KY 42420 • Phone (270) 831-1289 • Fax (270) 831-1237 Pl•nnln11 the Future Henderson City-County Planning Commission Brian Bishop, Executive Director, AICP, CFM

REQUEST FOR LEGISLATIVE BODY TO DECIDE ZONING MAP AMENDMENT

APPLICANT CORMAN-MCQUEEN GOLF, INC. & MBTJ,LLC

ADDRESS OF PROPERTY 800 WOLF HILLS BLVD. {PORTION OF PLAYERS CLUB GOLF COURSE) REQUESTED FOR ZONE CHANGE HENDERSON, KV 42420 ACREAGE INVOLVED 133.8+ ACRES

RE-ZONING CASE NUMBER# REZONING #1077 WITH A NARRATIVE DEV. PLAN

ZONE CHANGE REQUESTED {LIST ZONE) FROM GOLF COURSE ONLY RESTRICTED USE IN AN AGRICULTURAL {AG) ZONE TO GOLF COURSE OR SOD FARM ONLY RESTRICTED USE IN AN AGRICULTURAL {AG) ZONE, WITH A NARRATIVE DEV. PLAN

DATE OF PLANNING COMMISSION HEARINGS AUGUST 15, 2017; AUGUST 16, 2017; & AUGUST 17, 2017, AND

FINAL PLANNING COMMISSION ACTION WAS SEPTEMBER 5, 2017

PLAN COMMISSION FINAL RECOMMENDATION APPROVE D~NV DATE 9/05/2017

(CHECK APPLICABLE) X

NOTICE FOR LEGISLATIVE BODY TO DECIDE ZONING MAP AMENDMENT MUST BE FILED WITHIN TWENTY ONE (21 DAYS) OF PLANNING COMMISSION RECOMMENDATION

NOTICE FILED BY

Please indicate what party is requesting and HENDERSON COUNTY FISCAL COURT which Legislative Body, by checking appropriate CITY OF HENDERSON boxes CITY OF CORYDON

AGGRIEVED PERSON

LEGISLATIVE BODY

NAME REQUESTING PARTY (PLEASE PRINT)

SIGNATURE

DATE NOTICE FILED

SUBMITIAL OF THIS WRITIEN REQUEST/NOTICE TO THE HENDERSON CITY/COUNTY PLANNING COMMISSION (THE "PLANNING COMMISSION") BY THE APPROPRIATE PARTY, SERVES AS A WRITIEN REQUEST/NOTICE IN ACCORDANCE WITH KRS 100.2111(4) THAT THE FINAL DECISION ON THE ABOVE REFERENCED MAP AMENDMENT APPLICATION IS TO BE MADE BY THE APPROPRIATE LEGISLATIVE BODY. IF NO KRS.2111(4) WRITIEN REQUEST/NOTICE IS FILED BY EITHER THE LEGISLATIVE BODY OR AN AGGRIEVED PERSON, WITH THE PLANNING COMMISSION, WITHIN 21 DAYS AFTER THE FINAL ACTION OF THE PLANNING COMMISSION, THEN THE RECOMMENDATION OF THE PLANNING COMMISSION, RELATING TO THIS APPLICATION FOR MAP AMENDMENT (REZONING), SHALL BE DEEMED (SHALL BECOME} AUTOMATICALLY IMPLEMENTED BY THE BOARD OF CITY COMMISSIONERS, SUBJECT TO APPEAL PROVISIONS OF KRSl00.347(3).

• 1990 BARRET COURT• SUITE C • HENDERSON, KV 42420 • PHONE (270) 831-1289 • FAX (270) 831-1237 •WEB: WWW.HENDERSONPLANNING.ORG Henderson City-County Planning Commission Henderson City/County Recommendation on Zoning Map Amendment

APPLICANT: CORMAN-MCQUEEN GOLF, INC & MBTJ, LLC ADDRESS 800 WOLF HILLS BLVD. (PORTION OF PLAYERS CLUB GOLF COURSE) RE-ZONING CASE NUMBER Rezoning #1077 with Narrative Development Plan ZONE CHANGE REQUESTED: FROM GOLF COURSE ONLY RESTRICTED USE IN AN AGRICULTURAL (AG) ZONE TO GOLF COURSE OR SOD FARM ONLY RESTRICTED USE IN AN AGRICULTURAL (AG) ZONE, WITH A NARRATIVE DEV. PLAN

Having Considered the above matter at a Public Hearing on (date): August 15, 2017, August 16, 2017 and August 17, 2017 and having made a final recommendation with Findings of Fact on September 5, 2017 And having voted (tally) ~ Yes, !.No, !_Abstain To submit this Recommendation to the (jurisdiction) City Commission The Henderson City/County Planning Commission recommended Disapproval of this application/proposal, based on the following findings of fact and conditions. FINDINGS OF FACT:

MOTION WAS MADE BY DAVID WILLIAMS SECONDED BY MAC ARNOLD TO ADOPT THE TWENTY-SIX (26) PAGE MOTIONS, FINDINGS OF FACT AND SUMMARY (THE "FINDINGS"), WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. IN SUMMARY, THE FINDINGS RECOMMEND THAT THE CITY OF HENDERSON BOARD OF COMMISSIONERS DISAPPROVE (NOT APPROVE) REZONING #1077. VOTE: Doug Bell Abstain Gray Hodge Abstain Kevin Herron Abstain David Dixon Aye Rodney Thomas Abstain Gary Gibson No Dickie Johnson Yes Mac Arnold Yes Bobbie Jarrett Yes David Williams Yes CONDITIONS: DESCRIPTION: ATTESTED TO ON: 09 DAY: 05 YEAR: 2017

s, Attachments and Exhibits

Pursuant to KRS100.2111(4) the above recommendation of the Henderson City-County Planning Commission (the "Planning Commission") will become automatically implemented by the Henderson City Board of Commissioners, on Wednesday, September 27, 2017 (one day after the 21 day request/notice period expires) unless, within twenty-one (21) days after the Planning Commission's final recommendation, either: 1) The Henderson City Board of Commissioners files a written notice with the Planning Commission pursuant to KRS100.2111(4)(b), that it chooses to make the final decision on this application for zoning map amendment (rezoning), or, 2) an aggrieved person files a KRS100.2111(4)(a), written request with the Planning Commission requiring that the City Commission make the final decision. A full transcript of the minutes of the Planning Commission public hearing and meetings, the Findings, Attachments and Exhibits thereto, along with possibly other pertinent information, are enclosed and incorporated herein by reference.

1990 Barret Court• Suite C • Henderson, KY 42420 • Phone (270) 831-1289 • Fax (270) 831-1237 Henderson City-County Planning Commission September 5, 2017

The Henderson City-County Planning Commission held their regular meeting September 5, 2017 at 6:00 p.m., at the Henderson Municipal Center, 222 First Street, 3rd floor assembly room. Members present: Chairman Herb McKee, Vice-Chair David Williams, Bobbie Jarrett, Gary Gibson, Dickie Johnson, Rodney Thomas, David Dixon, Kevin Herron, Gray Hodge, Mac Arnold, Doug Bell, and Attorney Tommy Joe Fridy. Kevin Richard was absent. Staff present: Director Brian Bishop, Theresa Curtis, and Heather Lauderdale.

Chairman McKee: Next on the agenda is the Players Club-The Planning Commission voted at the August 17, 2017 Special Meeting to recommend Disapproval of Rezoning #1075 and Rezoning #1077 with a Narrative Development Plan; Submitted by Corman-McQueen Golf, Inc., Daniel McQueen President, and MBTJ, LLC, Mike Chambers, and such Rezoning's were tabled for Staff to prepare proposed motions, findings of fact and summary of evidence.

It is appropriate that I ask you if you were not here to hear all of the testimony that you not vote on these next items. I believe we added up the faces, and there is a quorum of us present who did attend all of the sessions.

Heather Lauderdale: Correct.

Chairman McKee: So, the first action that we are required to do is Remove both rezoning's from the table.

MOTION WAS MADE BY DAVID DIXON SECONDED BY MAC ARNOLD TO REMOVE REZONING #1075 AND REZONING #1077 WITH A NARRATIVE DEVELOPMENT PLAN FROM THE TABLE.

Chairman McKee: We have a motion and a second, any discussion? All in favor signify by saying aye. Are there any opposed?

ALLIN FAVOR: AYE

OPPOSED:NONE

1 Chainnan McKee: So mote it be.

Doug Bell: I abstain, Mr. Chairman.

Chairman McKee: Abstain, abstain, abstain, abstain. (Referring to Doug Bell, Kevin Herron, Gray Hodge, and Rodney Thomas)

Rodney Thomas: Abstain.

Chairman McKee: Should have had a roll call Madame Clerk.

Next on the agenda is the Adoption of the motions, findings of facts, and summary of evidence. And while we are cons1dering that, the Chair will consider any additions or changes to the findings of facts, and let's deal with those first.

Mr. Fridy, do you have any comments to make at this point?

Tommy Joe Fridy: I do not. I'm open for questions but we are following our agenda.

David Williams: Call for questions then.

Chairman McKee: Any changes to the findings of fact? Once again, if you were not present for all of the hearing and testimony, abstain and we will do the roll call this time. Forgive me for not doing that last time.

The Chair will entertain a motion.

MOTION WAS MADE BY DAVID WILLIAMS SECONDED BY MAC ARNOLD THAT THE TWENTY-SIX (26) PAGE PROPOSED MOTIONS, FINDINGS OF FACT AND SUMMARY (THE "FINDINGS"), WERE DISTRIBUTED TO THE PLANNING COMMISSION MEMBERS IN ADVANCE OF THIS SEPTEMBER 5, 2017 REGULAR MEETING, AND SUCH FINDINGS WERE ALSO OFFERED TO THE ATTENDEES OF THIS MEETING. I MOVE THAT SUCH TWENTY-SIX (26) PAGE FINDINGS BE ADOPTED IN ITS ENTIRETY AS THE FINAL FINDINGS IN SUPPORT OF THE PLANNING COMMISSION'S VOTE ON AUGUST 17, 2017, RECOMMENDING THAT THE CITY OF HENDERSON BOARD OF COMMISSIONERS DISAPPROVE (NOT APPROVE) REZONING #1075 AND REZONING #1077; AND, THAT THE SAME BE

2 TYPED INTO THE TRANSCRIPT OF THIS MEETING AS IF SUCH FINDINGS HAD BEEN RECITED VERBATIM, BY THE MOVING COMMISSIONER.

PROPOSED

MOTIONS, FINDINGS OF FACT AND SUMMARY

The Henderson City-County Planning Commission held a special called meeting which commenced on Tuesday, August 15, 2017, for the purpose of conducting a public hearing to consider Rezoning #1075 and Rezoning #1077. The special meeting and public hearing was continued from night to night and was heard over three nights: Tuesday, August 15, 2017; Wednesday August 16, 2017; and Thursday, August 17, 2017.

REZONING 1075:

The Planning Commission voted at the August 17, 2017, continued special meeting to recommend that the Henderson City Board of Commission ("City Commission") DISAPROVE (not approve) the request to Rezone of 5.088 acres and 25.8 acres which was submitted by Corman-McQueen Golf, Inc., Da11iel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Applicants"), for the property located in the City of Henderson which is a portion of Henderson County Property Valuation Administrator's Map Number (also sometimes referred to as £.arcel Identification Number 'PIDN") #64-28.4, as follows:

A. App1ication to rezone 5.088 acres along Constanza Drive from Agricultural (AG) - Golf Course Only Restricted Use to Residential 1; and, then subdivide this 5.088 acres into lots 1 through 4, with the rezoning being contingent upon and subject to the subdivision being finally approved.

B. Application to rezone 25.44 acres north of Wolf Hills Blvd. and west of Wathen Lane from Agricultural (AG) - Golf Course Only Restricted Use to Residential l; and, then subdivide this 25.44 acres into lots 5 through 8, with the rezoning being contingent upon and subject to the subdivision being finally approved.

REZONING 1077:

The Planning Commission voted at the August 17, 2017, continued special meeting to recommend that the Henderson City Board of Commission ("City Commission") DISAPROVE (not approve) Rezoning# 1077 with a Narrative Development Plan, to Rezone the balance of the area commo11ly known as the Players Club Golf Course, containing 133.8 acres, more or less, from Agricultural (AG) - Golf Course Only Restricted Use to GOLF COURSE OR SOD

3 FARM ONLY RESTRICTED USE IN AN AGRICULTURAL ZONE, pursuant to the Narrative Development Plan, which is attached hereto and incorporated herein by reference, which was submitted by Corman-McQueen Golf, Inc., Daniel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Applicants''), such 133.8 acres is located in the City of Henderson and is a portion of Henderson County Property Valuation Administrator's Map Number (also sometimes referred to as farce! Identification Number 'PIDN") #64-28.4.

And, the matters were tabled until this September 5, 2017, regular meeting, for staff to prepare proposed findings of fact which are consistent with the record of the three (3) day/night public hearing, a summary of the evidence, etc., for the Planning Commission to consider.

MOTION

I move that the actions of August 17, 2017 recommending disapproval be and hereby are ratified and confinned and that the following be adopted as findings of fact and conclusions of the Planning Commission in support of such recommendations to DISAPROVE (not approve) both Rezoning # 107 5 and Rezoning # 1077, and I leave the motion open for other members of the Planning Commission to add.findings of/act in support of this motion:

KRS 100.2111 Alternative regulations for Zoning map Amendment and KRS 100347 Appeals:

The City of Henderson has adopted the Alternative Rezoning procedures set out in KRS 100.2111. Pursuant to KRS 100.2111 (4), the recommendation of the Planning Commission (in this case a recommendation to deny the rezoning requests) shall become final and be automatically implemented; unless either (a) an aggrieved person files a written request with the Planning Commission that the City Commission consider the matter and make a final detennination, or (b) the City Commission files a notice with the Planning Commission that it (the City Commission) will consider and finally determine the application to rezone.

The Appeal procedures set out in KRS I 00.347 are also applicable.

Finding of Fact and Conclusions:

4 Neither Rezoning Application #1075 or Rezoning Application #1077 is consistent with or in agreement with the Future Land Use Map of the adopted Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan depicts this area as Parks & Recreation, which is consistent with the current golf course only restricted use zoning classification.

The proposed Rezoning's are also NOT in agreement with the following elements of the adopted Comprehensive Plan:

Balancing Land Use

Page 1-5

1.) Wisely plan for land uses in appropriate locations to maximize quality design and minimize the adverse impacts ofdevelopment.

Healthy Neighborhoods

Page 1-6

Objective a) Promote stability of existing neighborhoods ...

f Foster a sense ofplace by including elements that contribute to community pride.

g. Encourage recreational and community facilities into developments to afford active living alternatives for residents.

Protecting Natural Systems

Page 1-7

Goal

1) Protect and enhance the quality of natural environment while permitting appropriate development on suitable lands.

5 Objective c. Preserve significant natural features and enhance existing green areas.

d. Anticipate future community needs by encouraging environmentally sustainable uses of natural resources.

Improving Community Services

Page 1-10

2) Promote, preserve, and extend the high level of community services for the benefit of all citizens.

Objective a) Encourage community involvement in establishing priorities and programs that will serve our recreational and leisure needs and desires.

e) Encourage new recreational facilities that support the needs of the commun;ty 's youth and create economic development opportunities.

g) Develop facilities that make the most efficient use of the land, are designed for the convenience, health, safety, and pleasure of the intended users, and represent positive examples ofdesign, energy use and concern for people and the environment.

Page 5-8

PARKS AND RECREATIONAL FACILITIES

As communities grow, it is important to insure that land is available for parks, recreation, open space and greenways to meet the future needs of the community. Such recreational places greatly contribute to the overall quality of life in Henderson. As described in this section, the

6 citizens ofHenderson are blessed with a variety of opportunities for recreation, and also with a number of nature preserves. It is the Goal of this Comprehensive Plan to continue to promote the management o.f these existing recreational resources, while also planning for future.

Page 5-10

GOLF COURSES

Golf courses in the county include eighteen-hole courses at Henderson Country Club and Players Club ofHenderson. Nine-hole golf courses include Bent Creek Golf Course on Airline Road, Audubon State Park, and the City ofHenderson Municipal Golf Course.

Page 8-ll

8. Areas of critical environmental importance, areas of high ecological sensitivity, and areas containing unique features shall be preserved in the development process.

The existing zoning classification of Golf Course Only Restricted Use in an Agricultural (AG) Zone, is appropriate and the requested map amendments (zone changes) set out above are inappropriate. Because:

• Those speaking against the requests for rezoning entered into the record as Exhibit S, and discussed the Kentucky Court Of Appeals case of Gramex Corp. v. Lexington Fayette County Gov't, 973 S. W. 2nd 75, which generally provides, among other things, that: I) the Applicant must prove a compelling need for the rezoning; and, 2) that the fact the Applicant could make a larger profit if the land is rezoned is insufficient to mandate a zone change.

• The Planning Commission has the duty and responsibility to balance the interest of; I) the golf course owners to sell their property for a larger price if the rezoning' s were recommended, against, 2) the loss in value to those who own prope1iy on or near the golf course, if the property can no longer be an 18 hole golf course. The Planning Commission has therefore recommended that the rezoning requests be denied.

• The Planning Commission finds that recommending the rezoning and therefore preventing the property from being an 18 hole golf course would result in the lowering of the property values of those who own property on or near the golf course.

7 • The Planning Commission finds that the Applicants have not presented a compelling need for a rezoning, and that the prope1iy could be sold as a golf course, although possibly for a lesser price. That the golf course owners do not have a right to benefit from a loss in value to the owners of homes on and near the golf course.

• The Planning Commission considered the testimony of the many people who live on the golf course that the owners have not mowed and maintained the property or the ponds as is required by the City of Henderson Codes.

• The Planning Commission considered the testimony of the many people who lived on the golf course that Mr. Chambers intentionally destroyed certain aspects of the golf course.

There have been no major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted Comprehensive Plan, other than those brought about by the applicant; and, the basic character of the area has not been substantially altered, other than alterations brought about by the applicants.

The Planning Commission took into consideration that the owners of the golf course testified that they would make 74 acres of the 133.8 acres of request for Rezoning #1077, available for a 9 hole golf course, although the Applicants did not make the same a condition of the rezoning.

It was uncontroverted that golf courses are worth less today than they once were.

ATTACHMENTS

As part of the recommendation to deny the requested rezoning's, the Planning Commission Staff shall forward the following, among possibly other things, to the City Commission:

General, Pertains to Both Rezoning #1075 and Rezoning #1077:

• Rezoning Notice Letter sent to area residents, and the address list to which the letter was sent. (Attachment #1) • Newspaper advertisement receipt. (Attachment #2) • Planning Commission Agenda for August 15, 2017, and related documents as provided to

8 the Planning Commission members in advance of the meeting: (Attachment #3) -Proposed Public Hearing and Meeting rules

-Staff Report- Regarding Rezoning #1075

-Staff Report - Regarding Rezoning #1077

-Pictures & Maps of property

• A Transcript of the August 15, August 16, & August 17, 2017, Special Meeting and Public Hearing, which includes a Motion to Recommend Disapproval and to table for staff to prepare proposed findings of fact. (Attachment #4) • Attendees at the Public Hearing were ask to sign it at the door. Five (5) pages of sign in sheets are attached and incorporated by reference. (Attachment #5)

Rezoning #1075 Attachments:

• Applicant's Rezoning Application with the applicant's attachments, as follows: (Attachment #6)

-Applicant's four (4) page supplement to application

-Exhibit Map #1

-Corman-McQueen Resolution

-MBTJ, LLC., Resolution

Rezoning #1077 Attachments:

• Applicant's Rezoning Application with the applicant's attachments, as follows: (Attachment #7)

-Applicant's four ( 4) page supplement to application

-Exhibit Map #1

-Corman-McQueen Resolution

-MBTJ, LLC., Resolution

• Narrative Development Plan signed by MBTJ, LLC. and Narrative Development Plan

9 signed by Connan-McQueen Golf, Inc. (Attachment #8)

SUMMARY

KRS 100.211(2)(f) requires a summary of the evidence and testimony presented by the proponents and opponents (although the full transcript of the hearing shall be considered the official record of the Public Hearing and not this summary); such summary is as follows:

Dorin Luck, attorney for the Applicants Connan-McQueen Golf, Inc., and MBTJ, LLC., called witnesses and spoke in favor of the Applications:

Mr. Luck's First Witness: Dennis Branson, testified, as follows:

• Mr. Branson contacted the City of Henderson and the City was not interested in purchasing the Players Club Golf Course. • Mr. Branson testified that they have had a study done by Mr. David Matthews from Evansville, Indiana to detennine the highest and best use for the subject property. • If the rezoning is approved, they intend to offer 74 acres of the property for sale or lease as a 9 hole golf course. • Mr. Chambers never intended to develop the property, he just wanted to own it but I (Dennis Branson) did and do want to develop it. • If approved some of the residents have expressed an interest in purchasing an area at the back of their lots. • The sanitary sewers must be expanded to develop the 4 lots along Constanza Drive. • A Narrative Development Plan for Rezoning # 1077 was introduced as Exhibit A. The Narrative Development Plan, would, among other things, restrict the use of the 133 .8 acres to Golf Course or Sod Farm only Restricted Use in an Agriculture Zone, if the rezoning was approved. The Narrative Development Plan was read into the record. The Narrative Development Plan also requires the property owner, from time to time, to file for a rezoning request if they want to change the use of the property. The Narrative Development Plan is as follows:

Narrative Development Plan

Re: Rezoning #1077 containing 133.8 acres, more or less.

10 The undersigned hereby certify that they are the only owners of the subject property and by the execution hereof they do hereby restrict the Application to Rezone such 133.8, more or less, with this Narrative Development Plan, and do hereby restrict the use of the subject property, if such Application to Rezone #1077 is approved, to only a Golf Course or Sod Farm; and therefore waive the other uses otherwise permitted in the City of Henderson Agricultural Zone. If such Rezoning #1077 is approved the zoning classification shall be referred to as "GOLF COURSE OR SOD FARM ONLY RESTRICTED USE IN AN AGRICULTURAL ZONE". This restricted use may only be changed by making an application to rezone the property with the Henderson City - County Plannin~ Commission. The "subject property" as that term is used in this Narrative Development Plan restricting the use of the property is the 133.8 acres, more or less, which is all of the balance of what is commonly known as the Player's Club Golf Course, including the Club House area but not including the 5.088 acres and the 25.44 acres which is the subject of Application to Rezone # 1075; also being a portion of PV A/PIDT #64-28.4. The undersigned swear, subject to the penalty of perjury, that the foregoing has been duly approved by the Board of Directors or other governing body of the undersigned owners and that the undersigned individuals were duly authorized to sign.

• Mr. Branson continuing to testify: "If some entity wants to buy or lease that seventy-four (74) acres more or less, or whatever it takes; we would lease them that property along with right to use whatever portion of the clubhouse that might be necessary for a successful operation, and whatever portion of the maintenance building might be necessary for storing maintenance equipment for the nine (9) hole golf course." • "We still want to retain the right to use the clubhouse our self..." • "On the maintenance building, we still need a large portion of that maintenance building for our maintenance purposes, depending on what happens with the golf course." • Commissioner Williams ask a series of questions and interjected that he had concern the owner or lessee of a 9 hole golf course could get at odds with the owner of the clubhouse and the maintenance building. Commissioner Hodge ask Mr. Branson: Denny, I'm not a sod farmer. I have no idea what a sod farm looks like. What is a sod farm? What do the operations of a sod farm look like? What would it mean to neighbors?

• Mr. Branson: Gray, I don't have a clue, I don't have a clue. I've seen sod farmed before in my life. I don't have any idea how that works. I'm sure in order for them to continue selling sod, they immediately re-seed whatever they strip, would only make sense, and grow it back as fast as they can. But I'm sony Gray, I don't have any idea how that works. It's not an intrusive endeavor, obviously. It's not row cropping. There's not dust involved that I know of, it would make sense; I've seen the machines work and I haven't seen any dust generated by it. That's the best answer I know. • Taylor DeCorrevont testified sod farming was intrusive. • Commissioner Johnson interjected he had observed a sod farm in Alabama.

11 • Alvey Bruce Kanipe testified the terrain was very steep for sod farming. • Mr. Branson: "I would like to add that we might be using the wrong words. Mr. Chambers wants the ability to strip sod. I'm not sure that he has any intentions about operating a sod farming business. But I think Mr. Kanipe is correct in so far as a lot of the property is concerned ... " • "Our goal, above all other goals, is to be fair and to help generate some revenue for the continued maintenance of this property ... " • Commissioner Dixon: Just so I understand what's being proposed here; if the seventy four (74) acres is not leased to another party, and developed as a golf course, then it could become a sod farm whether it's a good sod farm or not? • Mr. Branson: It could. It could, what portions are usable topographically for that purpose ...

Second witness for the Applicant is expert witness: Mr. David Matthews with David Matthews Associates from Evansville, Indiana:

• Mr. Matthews passed out a report. It is not clear if he introduced it into evidence, but it is attached at the end as Exhibit FF. • David Matthews and Associates is a full service real estate appraisal and consulting firm. • I was asked to provide expert testimony on the highest and best use of 164.328 acres proposed for rezoning, and then to analyze the probable impact of that proposed rezoning to allow a nine (9) hole golf course or sod farm, and the eight (8) single family residential lots on Wathen Lane and Constanza Drive. • So, let me explain what that is. Highest and best use is defined as follows: The reasonably, probable, and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four (4) criteria for the highest and best use that they must meet would be Legal Permissibility which is why we are here tonight. Physical Possibility, which I will address shortly. Financial Feasibility, which I will also address, and Maximum Productivity, which leads from all of that. • Mr. Matthews went through the various elements as they pertained to the subject property. • Mr. Matthews testified that Mr. McQueen had lost money operating the golf course over the last few years. • Mr. Matthews testified at length that the Players Club Golf Course could not be operated profitably. • Mr. Mathews suggested the City of Henderson close the municipal course and buy Players Club. • Mr. Matthews testified that in his opinion a sod farm would be the closest agricultural use to a golf course. • Commissioner Arnold: I've got a question too. As far as using part of that ground for a golf course, is it more logical that if someone was going to put a course in there, that an eighteen (18) hole course would be more attractive as far as even looking for .. .if you

12 have industries wanting to relocate to this area as opposed to having another nine (9) hole course? • Mr. Matthews: Definitely. • Mr. Matthews testified that golf courses are worth far less today that they were a few years ago.

Third witness for the Applicant: Danny McQueen:

• Attorney Dorin Luck and Mr. McQueen introduced as Exhibit B, pages seven (7) through twelve (12) of Mr. McQueen's testimony from the August 2, 2016 Planning Commission Public hearing regarding the Players Club Clubhouse, which was ultimately withdrawn.

A brief summary of Mr. McQueen's testimony and evidence at the August 2, 2016 Public Hearing, is a follows:

• The major problem we've had is being 3 hours away. • The golf course has lost money for the last 4 years. • He recently talked to 3 different groups about buying it; Bill Randall group;

Chris from Bent Creek; and,

Mike Chambers

• Hard to profitably operate a privately owned golf course that isn't subsidized someway. • Introduced financial information into the record. • The golf course was not advertised for sale. • Mr. McQueen ask Mike Chambers ifhe was interested in it.

• Mr. McQueen then testified about the financials for the Players Club Golf Course for 2012 through 2015 that were attached to Exhibit B to the August 2, 2016, testimony. • Mr. McQueen testified "we operate three (3) golf courses in Central Kentucky." • Commissioner Dixon ask for Mr. McQueen to address the losses at the Players Club set out on the attachment. • Mr. McQueen: "The only thing on the losses that I would, and I pointed this out to my wife, on each of those losses there's about fifty to sixty thousand dollars ($50,000 to $60,000) in there that was really debt retirement, so it's not actually an expense. I mean, this is showing like four hundred ninety-eight thousand dollars ($498,000) worth of

13 losses, it's more like two-sixty ($260,000) actual expenses." • Mr. McQueen testified he owns and operates 3 golf courses in central Kentucky: University Club, Golf Club of the Bluegrass, and then Peninsula. 2 of them are in Lexington and 1 of them is in Nicholasville, Kentucky. • Mr. McQueen testified he never received an offer from anyone who would operate Players Club as a golf course. • Mr. McQueen testified he started Players Club as a bent grass golf course, and that was probably a mistake on our part but we wanted to elevate the golf course, and we knew that Victoria National was a bent grass golf course, plus we had three (3) courses in Lexington, and Central Kentucky that were bent grass. But the problem with bent grass, it costs you about fifty thousand dollars ($50,000) more a year to operate versus Bermuda, and the problem down here is you're about five (5) to eight (8) degrees warmer than we are in Central Kentucky. So, that's why we switched over four (4) years ago to Bermuda grass, and that was part of this cost here. • Mr. McQueen testified his problem was living 3 hours away from Players Club.

Fourth Witness for Mr. Luck: Dennis Branson, testified again.

• Mr. Branson: We never received an offer. Then there was a discussion about the Golf Course Restriction in an Agricultural Zone. Then discussed the possibility for a 9 hole golf course as part of the remaining 133.8 acres. • Mr. Bishop discussed master plans, in response to a question.

• Mr. Luck stated he had concluded for now.

Attorney Dane Shields representing some of the individuals who are against the requested rezoning:

• Until tonight those against the rezoning were not aware the Applicant was going to restrict the 133.8 acres to either a golf course of sod fam1. Mr. Shields stated that expert witness David Mathews had testified that an 18 hole golf course was preferable to a 9 hole golf course and that an approval of the last (Rezoning 1075) would adversely affect an 18 hole course. Mr. Shields then addressed who owns the property and pointed out the deed is in Corrnan-McQueen's name, not Chan1bers.

• Mr. Shields then called expert witness Herb Pritchett, who lives in Henderson County and has his office in Madisonville. Mr. Shields introduced Mr. Pritchett's resume and qualifications as Exhibit C. Mr. Pritchett testified he looked at properties that fronted on golf courses in Henderson and other communities and those that did not, and looked at the Property Valuation Administrator's assessments to prepare the 5 page Exhibit D, which was introduced, along with Exhibit E. Mr. Pritchett explained Exhibit D. Mr. Pritchett introduced Exhibit F. Then Mr. Pritchett explained Exhibit E, which shows 85 properties that abut the golf course, and 115 properties that adjoined but do not abut;

14 The 85 properties have a total aggregate assessment of $17,993,010.00, and the 115 properties that adjoin but do not abut the golf course have an aggregate assessed value of $22,762,l 00.00. For a total property value of those property values of over $40,000,000.00, in Wolf Hills I, II, and Gray Stone. It is Mr. Pritchett's opinion the residents that front on the golf course will collectively loose $1,800,000.00 or 10%, if there is no golf course; and that the other properties in the subdivision with a golf course but which do not front on it, will collectively loose $1,138,000.00 or 5%. -Mr. Pritchett then addressed the marketability of the Golf Course and his research. Mr. Pritchett introduced Exhibit E, showing the sales of 12 golf courses in this area since 2012. Mr. Pritchett found those golf courses sold for an average of just over $66,000 per hole, and a median of $47,000 per hole; Mr. Pritchett testified these sales were all as golf courses. Mr. Pritchett testified that his research shows an upturn in golf, and introduced Exhibit G. Exhibit H, was introduced and discussed to show the increase in young people playing golf. Next, Exhibit I, was introduced to show the population per golf hole in this surrounding areas, which showed an average of 13,716 people per golf hole, and the figure included Players Club; and Mr. Pritchett testified that there was 13,214 people per hole in Henderson County, including Players Club. "So, the data from the market is telling me that the golf courses can be sustained around thirteen, fourteen thousand (13,000-14,000) per population level." • Mr. Pritchett was then ask to discuss the Planning Commission recommending approval or disapproval of a zoning request pursuant to KRS. 100.213; and Mr. Pritchett introduced Exhibit J. Mr. Pritchett testified that the Planning Commission must first detennine if the application is in agreement with the Comprehensive Plan, then the other two elements. Mr. Shields ask Mr. Pritchett if in his expert opinion the applications are in agreement with the Comprehensive Plan. Mr. Pritchett testified it was not, and Mr. Pritchett referred to 24 points in the Comprehensive Plan, set out in Exhibit J. Mr. Pritchett next testified that the existing zoning being appropriate, then testified there had not been major changes of an economic, physical, or social nature within the area, that were not anticipated in the adopted Comprehensive Plan. That the layout of the golf course was still present. Commissioner Richards ask Mr. Pritchett if the I 0% and 5% loss factors, referred to above, were taken from analysis of data, not from some kind of an assessment value table or standards in the industry, and Mr. Pritchett agreed they were from analysis of data. Commissioner Dixon: It's not the actual loss in value, it's your calculations based on comparing homes that are on a golf course with homes that are not on a golf course, never have been on a golf course; no golf course around? That's the kind of comparison you came up and were using, right? Mr. Pritchett generally agreed. Then Mr. Pritchett next referred to the house that sold at auction yesterday, July 31, 2017, located on Dylan Circle, and I think Knight Court. The house, 2100 square feet sold for a hundred and seventy-two thousand dollars ($172,000.00), eighty-two dollars ($82) a square foot, much less than people thought it would have brought a year or two ago. "Now when we begin to have some of those sales, those would be actual losses in values but an appraiser would use the damage factors from those sales to apply to the properties that they were studying." A discussion of whether the decrease in value had already occurred - occurred when the golf course was closed. • Commissioner Hodge asked; when Connan-McQueen Golf took over the golf course, did they have anything to do with the residential development out there, or was that all done

15 by previous owners or by different entities? Mr. McQueen testified they sold some of the lots to Joe Mattingly ... "but we weren't actually involved that much in the sale of the lots."

The Meeting and Public Hearing was stopped about 9:00 P. M. to be continued the following night on Wednesday, August 16, 2017 at 6:00 P. M.

The Meeting and Public Hearing was called to order at 6:00 P. M. August 16, 2017 and continued.

Attorney Dane Shields representing some of the individuals who are against the requested rezoning, continued.

First witness for Attorney Dane Shields: Area Resident David Chrisman summary:

• Lives on the golf course on Constanza Drive. • The golf course has not been adequately mowed and maintained by Chambers. • From my backyard, it is consistently been in violation of City Code with regards to grass maintenance. Many times, the weeds around the cart path, and the ponds behind my home, exceed thirty (30) inches in height. • On July 12 of this year, in between one of the ponds and the cart path, I measured seventy-two (72) inches of weed growth. • The pond has never been free of algae, and today it is completely covered in algae and moss. • From January of 2017 when Mr. Chambers agreed with the Henderson City Codes Department to keep it 10 inches or less: I have communicated with Codes Department repeatedly, this manner. I will say that it has not been in compliance with City Code once this year. • He is against both rezoning requests, because the property has not been maintained at all around the ponds, and adjacent to my home. I can't believe that he's going to do any better if he's given this rezoning.

Second witness for Attorney Dane Shields: Area Resident Bruce Kanipe, summary:

• Lives on the golf course on Constanza Drive, approximately at the number 2 hole.

16 • Since January of 2017, Mr. Chambers has been regularly out of compliance with the ten (10) inch mowing requirement. • He is against both rezoning requests. • The property has not been maintained. He has reported the condition of the lakes to the Codes Department. • Home values: The zoning change, in my opinion, will affect our homes and cause a decrease in our existing home values, approximately eighty-five (85) homes along the course, and approximately one hundred fifty (150) additional homes in adjoining subdivisions. • Homes for sale: Five (5) homes are for sale, right now, within the sight of my property. These homes are not selling, they have been on the market for quite some time, and they are nice homes. People who want to buy and live within the City Limits in an existing and upscale subdivision don't want to live next to a general AG zoned property. This zoning change will not maintain or increase mine or our home values. • The golf course was here and operating since 1995, approximately twenty-two (22) years. My home was built at 681 Constanza in 1999, which was eighteen (18) years. Why should I agree to the possibility of reducing my home value for the benefit of Mr. McQueen and Mr. Chambers commercial endeavors? I believe in the right of any party to develop their land as they wish, except when the proposed rezoning action will reduce the value of my home and the surrounding subdivisions. These gentlemen are not acting for the benefit of the community, they only benefit themselves at the detriment of their neighbors. • Mr. Kanipe's comments on why the requested rezoning is not in compliance with the Comprehensive Plan: Chapter Six (6), Healthy Neighborhoods, page one dash six (1-6), the objective of healthy neighborhoods is to promote stability of existing neighborhoods. Also, it says foster a sense of place by including elements that contribute to community pride. Encourage recreational, and community facilities; this is specifically in the plan. • Then under page six-one (6-1 ), promote stability of existing neighborhoods in all aspects of housing that includes both the removal of blighted properties, unsafe structures, and public nuisances. And I think this place has been pretty clear about how it's been maintained. • On page six-two (6-2); encourage development that will not be in conflict with the existing, economic assets. And I will assume that's homes because as Mr. Pritchett said last night, and Dane has talked to him, and they come out and basically say the loss, that's going to be immediate in my opinion if it's anything else other than possibly a golf course.

Third witness for Attorney Dane Shields: Area Resident Taylor DeCorrevont, summary:

• Lives on the golf course on Constanza Drive. • Mr. Chambers has not maintained the property. As a matter of fact, I would like to enter into evidence a picture from this morning which is on the golf course just outside my property line where you can see the grass and weeds at the top, as of today, are fifteen

17 (15) inches. See "EXHIBIT K" • It has been much higher on other days. • He is against both rezoning requests, not only because of the weeds, and the maintenance but even the sod farm. I had a little time today, I told you that I worked for a family who had a sod farm, to talk with them and did some talking. • The most economic way to get sod out of a sod farms are by semis, which are eighty thousand (80,000) pound trucks. So, economically to get this material out of what is now the Players Club Golf Course, the subdivision down Wolf Hills Boulevard would be entertaining eighty thousand (80,000) pound trucks as the most economical way to get it out. • Those are large semis, there are already a few spots on Wolf Hills Boulevard that are having problems. Not only the road maintenance but now we're talking about health and safety. • Also sod farms have to have time to cure after that's been taken off. So, it's not a ... every time you take sod, on a sod farm you're moving a little bit of top soil each time. So, to maintain that, and make it economical, you got to let that soil recover. • I feel, and I know, by the way the maintenance has been, that. will be high weeds, and high growth. So, those are a few of the things that I have learned today on the sod fann. • Also, on Chapter Eight (8), Balancing Land Use, in our Comprehensive Plan on page 8- 11 and 8-14 you know, it pretty well points out what the Comprehensive Plan requires ... • The Comprehensive Plan requires written policies and the map that should be utilized together in making a decision. The Players Club Golf Course is in the plan and map as recreation. So, it should be protected as such. And, it's actually identified, written out, on the map as recreation ... as a recreational facility.

Fourth witness for Attorney Dane Shields: Area Resident Chris Bowen, summary:

• Lives on the golf course on Constanza Drive. • Mr. Chambers has not kept it in compliance with the 1O" rule the entire time that he has been in charge of the property. • Mr. Bowen introduced photographs; Exhibit L, Exhibit M, Exhibit N, and Exhibit 0 and discussed each in detail, showing how tall the grass and weeds have been on the golf course; and that the golf course was not maintained according the Codes. Mr. Bowen discussed another picture regarding the poor condition of the lakes or ponds. • Contrary to earlier testimony, Mr. Bowen testified the course was watered from the lakes except for one dry year. • That he has talked to the City Codes Department 20 to 25 times in the year and a half over the maintenance of the golf course. That the City has been responsive but there's a time lag between when they send the letter out, and when compliance is required. • Dane Shields introduced as Exhibit P a letter from Dawn Kelsey, City Attorney, and also nine (9) letters from the Codes Department of the City of Henderson to Corman McQueen, citing them for violations for not maintaining the golf course. • Mr. Bowen is against the rezoning's because Mr. Chambers maintained the property or

18 had respect for the neighbors he has just done things the way he wanted to do them and not really cared. They have only mowed when they were forced to. • That things are continually changing. Then yesterday, we've gone to a sod farm. So, it's frustrating that, number one (l ), the property really hasn't changed hands yet, and there's no evidence that it can change hands or will change hands. And also, there is no real evidence of what's going to really happen here. So, I have a hard time agreeing to changing anything until, you know, there's something certain here. • 1 think it should be fairly markete~ as a golf course at first. That's what it is, that's what it should be marketed as. It should have its chance, and it hasn't been given that chance.

• Dane Shields introduced Exhibit Q showing that MBTJ, LLC., formed by Mr. Chambers is in bad standing with the State of Kentucky. There was an interchange between the attorneys.

• Dane Shields: Last night Commissioner Hodge asked if Mr. McQueen or Connan McQueen Golf had conveyed any lots directly to individuals, and Mr. McQueen came to the witness stand and testified that he had conveyed a number of lots to Anthony Hazelwood and Joe Mattingly but he didn't think he had conveyed any other lots. Dane Shields introduced as Exhibit R, nine (9) separate deeds bearing the signature of Daniel H. McQueen going from December 15, 1998 to April 13, 2002, to nine (9) separate individuals with a total consideration of three hundred twenty-seven thousand dollars ($327,000).

Attorney Curt Hamilton representing some of the individuals who are against the requested rezoning.

• There were a hundred and twenty-seven (127) people here last night. The people in the back of the room couldn't hear very well that were standing out in the hallway. Downstairs on the first floor was packed with people watching on television. This has been the biggest meeting since last year at Players Club, and perhaps before that since Wal-Mart.

First witness for Attorney Curt Hamilton: Henderson City Codes Administrator, Ray Nix, summary:

• John Stroud has handled Codes in the past and Ray Nix just started in April of 2017. • The owners have been written up primarily for tall grass since April of 2017 when Ray Nix started. • Compliance has been sporadic at best since April of 2017. • They discussed modification to the Clubhouse.

19 • Mr. Hamilton then introduced as Exhibit S, a case decided by the Court of Appeals Of Kentucky, Gramex Corp. v. Lexington-Fayette Urban County Govt, 973 S. W. 2nd 75. Mr. Hamilton summarized the Case basically as follows: The Gramex Corporation in Lexington wanted to, basically build shopping malls across the street from other shopping malls because they'd make a whole lot more money than if it were just houses or apartments. The court held that the fact that Gramex would be able to make a larger profit if the land is rezoning for commercial use is insufficient to mandate a zoning change; and, further summarized; 1) There must be a compelling reason to change the zoning; 2) The fact the applicant can make a larger profit if the property is rezoned is insufficient to mandate a zoning change. • Both the Gramex Case above and Mr. Hamilton discussed KRS 100.213, which sets out the statutory law (there is other law) on what the Planning Commission must find in order to grant a zoning change (which is referred to as a map amendment, in the statute). Rather than summarize either the Case or Mr. Hamilton, the statute has been copied here, as follows:

100.213. Findings necessary for proposed map amendment- Reconsideration.

(1) Before any map amendment is granted, the planning commission or the legislative body or fiscal court must find that the map amendment is in agreement with the adopted comprehensive plan, or, in the absence of such a finding, that one (1) or more of the following apply and such finding shall be recorded in the minutes and records of the planning commission or the legislative body or fiscal court: (a) That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; (b) That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area. (2) The planning commission, legislative body, or fiscal court may adopt provisions which prohibit for a period of two (2) years, the reconsideration of a denied map amendment or the consideration of a map amendment identical to a denied map amendment.

• Mr. Hamilton: "So, your task, as I understand it, is that you have to have a compelling reason to grant this zoning application. • Now, let's talk about some of the reasons that we've heard. First of all, there was testimony that, hey I can't sell the property, we can't sell it. Golf courses are dead. It's not worth having any longer. It's not going to sell for anything. Well, that is absolutely and patently untrue. • Exhibit T and Exhibit U were introduced. These two (2) exhibits go together. Exhibit

20 T is the listing of the golf course property, this Spring, for $1,800,000.00. Mr. Hamilton testified he found Exhibit U on the internet, listing it as a commercial property. Interestingly, at the bottom of Exhibit U, it says property type: Industrial, for $1,800,000. • Mr. Hamilton then introduced Exhibit V. Curiously, if we'll go to Exhibit V; in 2013 Mr. McQueen wrote a letter to all Wolf Hills residents at the time, and any of you, my neighbors who lived out there; you remember getting this letter, 2012 or 2013. And he basically said that Scott Settles had killed the course, it was in terrible shape but he would sell it for $1,500,000 or $1,575,000.00 with the golf carts; and then, it was still an on going operation, and he said it would cash flow in excess of two hundred thousand dollars ($200,000) if operated properly. • Now, I was part, and I told this group the last time we were here, that I represented an ownership group in 2011 that had made an offer on the property as well. That offer was $1, 100,000, and we had taken a look at the course, we had experts in the golf business to do a cash flow analysis, the issues that were with the course at the time we addressed, and we felt like we could cash flow it at that price for at least the next three (3) years. And mind you, this was in the middle of the golf crash in 2011, three (3) years after the economy failed, and the housing market crashed. Alright? So, we had offered $1, 100,000, and that was rejected at the time. So, the testimony that you heard yesterday evening; that there were no offers, is patently untrue, patently untrue. • Mr. Hamilton introduced Exhibit W which shows Boonville has a tentative agreement to purchase the 18 hole course there for $600,000.00. • I submit to you that the $1,800,000 asking price, was simply to bamboozle you. To make you think that he could get no offers. • Mr. Hamilton introduced Exhibit X and argued I-69 would help Players Club. • Mr. Hamilton ask if David Matthews gave his opinion of what the 18 hole golf course was worth as a golf course. That would be important. • The application to rezone is way too vague, the houses that surround the golf course are some of the nicer homes in Henderson. They understand Mr. McQueen would like to sell it for more money if he can get the zoning changes. Then argued the law required the Planning Commission to find a compelling reason to change the zoning and that the Planning Commission was required to balance the interest of the homeowners losing money if the zoning is changed against Mr. McQueen making more money. • Argued that recommending approval of the rezoning would kill the possibility of a golf course. • The plan is vague. We've heard sod fann but they admit they don't know how to run a sod farm. The last time when they wanted to rezone the clubhouse we heard; adult daycare, vineyard, wedding chapel, kids' daycare, dance hall. The burden is not on the homeowners to propose a plan, it's on the applicant. • An 18 hole golf course is much more likely to make it than a 9 hole course. • Mr. Hamilton personally as a resident on the golf course and for his clients urged the Planning Commission to vote no.

Dorin Luck recalled Ray Nix, Henderson City Codes Administrator.

21 • Mr. Luck ask Mr. Nix if Mr. Chambers was responsive. There is no answer in the record because it was inaudible on the tape.

Next began testimony FOR from area residents

• Area Resident Sharon Pepper, summary: I am not actually for or against. .. but I am ... here for the subdivision, and what is best for the subdivision. I would like, also, for the Players Club to be a golf course, I think we all would. We all moved there, and it was a golf course, we'd like for it to continue to be. But the golf course has been in decline for 10 years. She has come to the conclusion it is not going to be a golf course. She believes the applications are neighborhood friendly and she supports it.

Next began testimony AGAINST from area residents:

• Area Resident Darren Spainhoward, summary: Moved back to Henderson from Evansville to live on the golf course in Gray Stone. He did his due diligence and was told it was golf course restricted. I wouldn't have bought the house if there could be a farm behind me. He brought clients from Evansville, played the course and took them to dinner in Henderson. The course was nice when it was maintained. One must plan for down turns and one must reinvest in your property. He knows Mr. McQueen and knows he is chairman of a bank. Mr. Spainhoward called the bank and left messages for Mr. McQueen to return his call. Mr. Spainhoward ran out of time and will testify more later.

• Area Resident David Chrisman, summary: He agreed with Mr. Herb Pritchett' s testimony regarding the application not being in agreement with the Comprehensive Plan.

• Area Resident Taylor DeCorrevont, summary: A sod fam1 would be like a heavy construction site in the middle of the subdivision. I do not believe that fits with the Comprehensive Plan. A sod fam1 would be a safety issue.

• Area Resident Bruce Kanipe, summary: Reported he lives near 2 of the ponds and they are retention ponds not detention pond. They are wet ponds, not dry ponds that drain out after a rain. The ponds are awful, they are full of silt, if you pennit a sod farm they will be worse. There is a lot of algae and mosquitos.

• Area Resident Dan Melton, summary: Encourage the Planning Commission to vote no, because this is going to affect a lot of families in that community.

22 • Area Resident Glenn Hawkins, summary: Mr. Hawkins ask the Chairman to direct his questions to expert witness, Herb Pritchett, regarding his testimony about the Comprehensive Plan. Staff commented on something being in agreement or not being in agreement with the Comprehensive Plan but not being a "violation of the Comprehensive Plan". Mr. Pritchett referred to his testimony which in essence is that the application to rezone is not in agreement with several provisions of the Comprehensive Plan. Mr. Hawkins encouraged a no vote.

• Area Resident Tammy Oxford, summary: She is not from Henderson, if it is rezoned she would like to move.

• Area Resident Darren Spainhoward, continuation as he ran out of time earlier, summary: Continued that he left a message for Mr. McQueen and that Mr. McQueen did not call him back. Pointed out that Mr. McQueen wasn't aware how and by whom the property was marketed, that Mr. McQueen had to look back and ask. That Mr. McQueen does not know if there is a market for the golf course. Mr. Chambers does not want a golf course and that impacts me. Mr. Spainhoward called Mr. McQueen again, didn't reach him and gave up. At this point the golf course was operating but there were rumors of it closing. After it closed there was work done to try and make sure it couldn't be a golf course again. Cart paths were destroyed with heavy equipment. Now we need for you to help us. I don't want to lose $35,000.00 on my house. Curt Hamilton said he would put in $200,000.00 to $300,000.00 to buy it and I will put in $200,000.00, for a golf course, if you tum down the rezoning. If it is rezoned, property values are going to go down and the City Tax revenue is going to drop. We are not asking for money we are asking for your help. Just make Mr. McQueen try and sell it as a golf course and see what happens. He hasn't done it yet. The last time we were here Mr. Luck said the sale was going through soon but it hasn't gone through. Mr. Spainhoward directed questions through the Chairman to Mr. McQueen. • Mr. McQueen·: The sale to Mr. Chambers is not contingent upon rezoning. Couldn't answer why the sale hadn't closed but said he had gotten a substantial down payment. The contract price with Mr. Chambers it $1,100,000.00. Mr. McQueen said he never received a message to return a call to Mr. Spainhoward. Mr. McQueen testified he was not aware the golf course had been destroyed. • Mr. Spainhoward continuing. Hold Mr. McQueen's feet to the fire. Make him market it as a golf course. A ward the people who did their due diligence that if was restricted to a golf course, let's make him market it as a golf course. Some people are not going to recover from the losses.

• Area Resident Kevin Payne, summary: He was a member of the Players Club and there have been nothing but jack legs running the golf course for the last 5 years it was in operation. A course of that magnitude, if you had someone running it correctly would still be in business today, I would be there. Discussed the Henderson Municipal course being dangerous. There hasn't been an effort to sell it as a golf course. I encourage you

23 to vote no.

• Area Resident Judy Buckman, summary: Golf courses that have activities for kids are successful. They have done nothing for the community, they have done nothing for the kids. They have done nothing with the restaurant. I bet they have good meals over in Lexington. If they had done the right things it would have been successful. They wouldn't rent the clubhouse out for parties. They did not have things to sell in the pro shop. I'm sure he has a wonderful golf course where he lives, but he doesn't live here. Generally that the course was mismanaged.

• Area Resident Jerry Stone, summary: Wanted to go on record opposed to the zoning request, for all the reasons that the people have already stated, but especially for a sod farm. That is residential area out there, surrounded by single families and why would you put a sod farm in the middle of it.

• Area Resident Troy Manlove, summary: Vote no. I have lived on the number three (3) tee box since 2004. I have seen the course when it was a beautiful course, manicured. I have seen it when it went south, but I have played it the whole time. I love the course, and I don't want to see anything else but a golf course. I hope you vote for my investment. He thinks the decline of the golf course was just mismanaged.

• Area Resident Norman Lambdin, summary: I purchased the property in October of 2014 based primarily on a golf course. It lasted until March. It wasn't very long until someone with a bulldozer comes onto the number one (1) hole and pushes dirt into the green. Since that time, I have purchase another home on a golf course in Henderson County. My property is up for sale. I would respectively ask that this board vote no on the rezoning.

There were a number of other area residents who signed up to speak again the rezoning but did not return the second and third nights.

Dorin Luck, attorney for the Applicants Corman-McQueen Golf, Inc., and MBTJ, LLC., called rebuttal witnesses:

• Expert witness David Matthews: Said he had not testified the highest and best use of this property is a golf course, nine (9) or eighteen (18). But 18 holes is better than 9. He agreed with Mr. Pritchett that youth participation in golf is increasing but does not think it will happen quickly enough for Players Club. It's not going to be sold as a golf course.

24 There are too many golf courses for sale. In his opinion, there is not enough population to support a golf course. Even though there is a slow increase in the number of rounds of golf being played, it won't happen soon enough. The Player's Club is just not a financial, viable use due to excess competition. He disagrees with Mr. Pritchett on the impact losing the golf course will have on the value of homes in the area of the golf course. His research on sod farming is that you need to keep it cut and you need to keep the weeds out. He discussed a homeowner's association. • Witness Dennis Branson: I just wanted discuss the confusion about what Mr. Chambers goals are. He made the deal with Mr. McQueen because he wanted to own the property, not because he wanted to develop it and today he really doesn't have any long-range goals in mind. Mr. Branson don't doubt that properties out there have lost value. I live there, I'm in Wolf Hills Subdivision. I have been there for nearly twenty years (20) and I have lost money too, if that's the case. I more than anybody or as much as anybody would love to see a golf course there, an 18-hole golf course, would love it. So, as far as their desires that they have expressed about wanting to have an 18-hole golf course, I'm right there with them. I would love to see that too. When I first found out that the golf course was closing, and I mentioned this before, I went to the city and asked them if they had any interest, just like Dickie did. I got, "no". Mr. Branson showed several aerial photographs and discussed them but did not enter them into the record. He also discussed the basins or lakes. He discussed the proposal for large lots for large homes. He said they would offer 74 acres for a very nominal amount for a 9 hole golf course but did not discuss figures. Reported that Mr. Chambers has been approached by property owners in the Dylan Circle area to purchase an area behind their houses and that he had allowed for that in his plan.

Mr. Hamilton reported he could not be back tomorrow night and would make arrangements for Mr. Shields to ask his question.

The meeting stopped, to continue again tomorrow night, Thursday, August 17, 2017 at 6:00 P. M.

The meeting began again at 6:00 P. M. Thursday August 17, 2017.

Attorney Dane Shields representing some of the individuals who are against the requested rezoning, called rebuttal witnesses:

Mr. Shields called Andrea Payne:

• Area Resident Andrea Payne, summary: Reported she held both the Chambers family and Corman-McQueen in high regard. She is concerned converting a former golf course with the topography being as it is, and the drainage issues that you've heard about, to a possible sod farm, in the middle of a residential neighborhood, does not support the ideals of the progressive nature of the City of Henderson, nor does it support the goals of the Henderson Comprehensive Plan, nor the Henderson Vision Plan. She quoted from The

25 Henderson City-County Development Process Analysis and Community Perception Survey: "Its purpose is to make recommendations that improve the efficiency, positive perception, and effectiveness of policy and procedures for development in.the community of Henderson. This document speaks to the importance of following specific guidance and recommendations from The Henderson Comprehensive Plan, and the Henderson Vision Plan as it relates to development processes such as rezoning, and map amendments, variances, subdivision, etc." She then drew an analogy between not allowing industrial near residential to converting a golf course to a sod farm near residential. She feels the zoning board would be providing a disservice to the residents of Wolf Hills and the neighboring subdivisions by allowing this rezoning without knowing the specific intended use for the property. Without that defined information, this board cannot make a thorough evaluation of how this rezoning request could impact the safety of the neighborhood residents and surrounding property values. She ask for a no vote.

• Area Resident Glenn Hawkins, summary: Mr. Hawking introduced as Exhibit Y his prepared statement and read it into the record. Please vote no. Generally the golf course failed because of bad maintenance and bad management and that with local ownership and good management it can succeed. He is asking for a no vote to give the people a chance. He reported that Mr. Chambers had a price of $1,100,000.00, and was asking $1,800,000.00. If they have a fair chance to purchase it as a golf course and can't make a go of it he would favor another use. He presented some time frames and ways to structure a deal. He also said he would be willing to be a partner in purchasing the property for a golf course.

Attorney Curt Hamilton was in Boston and unable to attend the meeting. Mr. Hamilton requested that attorney Dane Shields ask the following question. Mr. Shields is asking the following questions for Mr. Hamilton:

• Mr. Shields called expert witness Mr. Mathews for Mr. Hamilton: Mr. Matthews, in your expert opinion within one hundred thousand dollars ($100,000) margin of error, do you have an opinion on the approximate fair market value of the property as it is currently zoned in its present condition? Mr. Mathews would not answer the question or make a guess or comment on a range.

• Mr. Shields then called Dennis Branson for Mr. Hamilton. In answer to questions Mr. Branson testified: Mike Chambers had made alterations to the clubhouse; and that Mr. Chambers did not own the property.

• Mr. Shields then called expert witness Herb Pritchett for rebuttal testimony. In summary, Mr. Pritchett testified: The Comprehensive Plan is for the betterment of the whole community and not for one or two people, and the Courts have recognized that. He

26 pointed out the Land Use Map (Future Land Use Map) of the Comprehensive Plan has left green or open spaces and Mr. Pritchett pointed out several on the Map, including Players Club. Some of the frontage along US 60 E, has been zoned residential. You could put commercial uses there but we don't want US 60 E to have the strip development like US 41 A. Hence, we have put residential zones in there. Is that land worth less as residential than it is commercially? To those individual property owners, yes. But to the overall community, it adds value to all of us in our lives. His next point was that the existing zoning of a property is critical to the appraisal process; and appraisers look at zoning as one of the first things when they are appraising property. That Mr. Mathews, in his testimony, mentioned the principle of supply and demand but there are more principles that appraisers must consider when they do their analysis of properties. Mr. Pritchett then introduced Exhibit Z and Exhibit AA, which are from the Textbook Fourteenth (14th) edition of the Appraisal of Real Estate and pointed out reasons he professionally disagreed with the testimony of Mr. Mathews; including that ''property values are affected by local laws, and local government policies"; that legally permissible is a critical element of the "highest and best use of a property, before you consider what is physically possible on a property". Mr. Pritchett believes the golf course can be financially viable if it is properly maintained and properly managed, and disagrees with Mr. Mathews in this regard. Mr. Pritchett introduced Exhibit BB in response to a question ask by Commissioner Williams earlier in the proceeding, which is a chart or spreadsheet of sales located on the golf course and another column of those close, etc. In his opinion, both price per square foot and volume have decreased since the golf course was closed. Mr. Pritchett responded to several questions from members of the Planning Commission. • Mr. Luck questioned Mr. Pritchett: Made the point some of the green space on the Future Land Use Map referred to by Mr. Pritchett is publicly owned land and discussed other points about the Comprehensive Plan and the Planning Commission's right to recommend either for or against the proposed rezoning.

• Mr. Mathews responded to Mr. Pritchett: Explained why he did not start with how the property is currently zoned, he basically assumed the request for rezoning would be granted. He pointed out that larger homes sell for less per square feet. Commissioner Willian1s ask him to compare other courses and he did.

• Mr. Luck called Mr. Branson again: After some general discussion, Mr. Branson introduced Exhibit CC and discussed why the requested Rezoning's were in agreement with the Comprehensive Plan. Discussed how Bermuda grass will fill back in when stripped. Went through what Mr. Chambers has spent. Stated the current request provides for a lot of open space. • Commissioner Williams ask Mr. Branson: Mr. Branson, what about the future? I mean, we have, this development was built around a golf course, it was planned around a golf course, and the golf course was considered essential to the development of the community. So, what has changed that the golf course is not essential to the development of the community at this time? Mr. Branson: Well, the neighborhood has been built out,

27 the lots are all developed ... doesn't disagree with their position that property values may have been lowered ... It is true that the golf course and this subdivision were developed at the same time, and that one depended on the other, when it was developed. Mr. WiJliams: What can we expect you to request next for this property, R-1 or R-2 or R-3 in order to take better advantage of the property? Mr. Branson: That's a good question. Followed by a lengthy discussion of what if everyone walks away, etc., then discussed sod farming; including that semi-trucks couldn't use the streets in the subdivision. Then discussed how to get the sod out. After a lengthy discussion Mr. Branson said: "I'm not asking that you approve that request, I'm not asking you to deny the request. I'm asking you to do what's right. Really, you know me well enough to know that I mean that, whatever is right is what we want you to do, and I told Mike that I was going to say this. I told Dorin that I was going to say this. We want you guys to do what is right, and I don't know the answer to that, because I don't know if an 18-hole golf course can come back. I believe that it cannot. .. " In response to a series of questions from Commissioner Gibson, Mr. Branson testified they would not remove sod from the 74 acres until it was determined no one would use it for a 9 hole golf course. ·

• Mr. Luck called Chris Bowen and introduced Exhibit DD showing that the Property Valuation Administrator increased the fair cash assessment of his property $15,000.00; that his property is now assessed at $235,000.00; and, that it is for sale for an asking price of $279,000.

• Mr. Luck introduced Exhibit EE prepared by Mr. Mathews.

• Dorin Luck closing statements, summary: He summarized the two rezoning requests. That the requested lots, if approved would improve the value of the existing owner. The purpose of choosing a sod farm was that it was the least intrusive, of possible agricultural uses; that Bermuda grass doesn't grow very tall and is more aesthetically pleasing, it must be mowed and would look more like a golf course. He went through the requirements to rezone as set out in KRS 100.213, which is quoted verbatim from the Statute above. He stated he was not aware of a case where·something has occurred that was more profound than the golf course shutting down, in this case. He quoted from Mr. McQueen's testimony and generally said the golf course hadn't always been run as well as it could had been run, but what Mr. McQueen is saying is that he did the best he could do. That Mr. McQueen didn't want to close the golf course but that it lost about $250,000.00, and that he had to close it. Mr. Luck referred to Exhibit B. Mr. Luck reminded the Planning Commission of Mr. Mathews testimony that in his opinion you could not make this golf course pay its way and that Mr. McQueen owned and successfully operates 3 other golf courses, but that he could not make this one work. That it would be great if someone took it over but it isn't feasible. That residential lots were the highest and best use. That a sod fann wouldn't reduce people's property values. Mr. Luck pointed out that if the rezoning is recommended and ultimately approved by the City, someone would be required to come back to the Planning Commission if they desired to change the use in the future. If you deny it you are putting the property and the

28 neighbors in jeopardy. Mr. Luck argued the Planning Commission should approve the rezoning and allow these residential lots to develop, make some money, take a deep breath, do whatever sod farming these people are proposing, but none the less do some sod farming, keep the property maintain and cross your fingers and hope, hope that somebody takes a look at that seventy four (74) acre piece of ground that is being offered up, that is being offered up to this group to this community and hope somebody takes the bait. Finally Mr. Luck argued: "Take all the facts and make the decision what's best for the property, what's best for the neighbors around it, what's best for the applicants, because they have rights just like everybody else. But more importantly let's think about the consequences of turning this down, because if you ask me what's going to happen if y'all tum it down tonight, I don't know the answer. I just don't know the answer. The economics may create hardship and nobody wants to see the property go into foreclosure or go into ruin because nobody wants to operate it and they can't do anything else with it. So, we're asking for the rezone tonight." • Commissioner Dixon Mr. ask Mr. Luck; what happens if the lots are approved and the sod farm is denied. Mr. Luck: The golf course restriction will stay in place for everything other than the residential lot.

• Mr. Shields Closing statement, summary: I would like to start off with a question that has been addressed by both sides that the sides disagree upon, and that question is fundamental in relationship to decision making and that question is, why is Player's Club now closed and why is it not on the market as an 18-hole golf course? We know that it's not on the market as an 18-hole golf course, and a good question is why is that? We have a difference of opinion ... Now let's look at the facts on what has happened with the Player's Club in Henderson County, Kentucky, instead of saying it's the national economy that did it, or the downturn in golf in all fifty (50) states, let's talk about Henderson County and the running of the Player's Club. I would like to address in my comments some voluntarily acts and business decisions that we have heard about with Mr. McQueen's operation and also Mr. Chambers operation of the Player's Club: Mr. Shields argued that voluntary act #I was, Mr. McQueen buying the golf course out of bankruptcy with a golf course restriction; voluntary act #2 was, that Mr. McQueen planted bent grass which was more expensive to maintain, etc.; voluntary act #3 was, moving 3 hours away and letting someone else manage it for him and the golf course started going down; voluntary act #4, while he is gone he doesn't have complete control and other people did; voluntary act #5 and #6, Mr. McQueen testified he had no offers buy it as a golf course and others testified they did make offers and Mr. McQueen turned them down; voluntary decision #7, Mr. McQueen and Mr. Chambers got together knowing the property could only be used for a golf course and Mr. Chambers never intended to operate a golf course, the way it was zoned. Is it the national economy, etc. or is it the two knowledgeable business men taking a risk? If there is a loss to be taken who should take the loss, the business men who took the risk or the owners of the property around the golf course? Voluntary act #8, the decision to demolish the existing golf course before the zoning was changed, which affected the value of the golf course if someone wanted to buy it and operate a golf course. He argued all of this is relevant when the Planning Commission starts balancing to whom you're going to give relief

29 when you start voting tonight on the rezoning. The opponents of this rezoning are not saying to this Commission, you have to make Mr. Chambers or Mr. McQueen run an 18- hole golf course here. But what you can do is - in denying the request to rezone - to say, we're going to give somebody who wants to run an 18-hole golf course the opportunity to run it based upon the market value of the golf course. Maybe it could be sold for what it worth for a golf course. He argued that highest and best use is not the standard the Planning Commission uses to decide whether to rezone a property; and that the law is that money is not the standard. That the R-1 requests will kill the 18-hole golf course. That the golf course isn't dead, it's dormant, and the footprint is there.

• Questions from Planning Commissioners:

• Summary of Commissioner Richards question to Ray Nix, Henderson City Codes: Would it be a violation if a property was only dirt/mud and it was contained so it didn't flow off the property? Mr. Nix, NO. • Summary of Commissioner Williams questions to Darren Spainhoward: What if the Planning Commission votes no, someone buys it and operates a golf course, then it fails again, what would your position be then? Mr. Spainhoward: It could depend on several things, like was it run properly, then I would want them to try and market it to someone who had the capital to operate it, I think we can find someone. Then see what happens.

• Tommy Joe Fridy was ask for and gave a Summary of procedures, options and discussions about subdivision and master plan.

• The Chairman ask any Planning Commissioner that had information they were going to use to make their decision, that they had gotten outside the public hearing, to share it with the other commissioners. There was none.

• Motions and votes on Rezoning #1075.

• Mr. Branson interjected and discussed withdrawing Rezoning #1077 but after discussions with his clients and the attorney for his clients they decided to proceed.

• Motion and vote on Rezoning# 1077.

• The non-public hearing Master Plan was withdrawn as moot.

• Meeting adjourned.

30 Chairman McKee: We have a motion and a second, any discussion? Madame Clerk, would you please call the roll?

Doug Bell Abstain

Gray Hodge Abstain

Kevin Herron Abstain

David Dixon Aye

Rodney Thomas Abstain

Gary Gibson No

Dickie Johnson Yes

Mac Arnold Yes

Bobbie Jarrett Yes

David Williams Yes

Chairman McKee: Motion passed?

Heather Lauderdale: Yes.

Chairman McKee: Motion passed. Anything else we need to do on that?

Tommy Joe Fridy: No.

31 SPECIAL CALLED PLANNING COMMISSION MEETING ON AUGUST 15, 2017, AUGUST 16, 2017, AND AUGUST 18, 2017

General, Pertains to Both Rezoning #1075 and Rezoning #1077: • Rezoning Notice Letter sent to area residents, and the address list to which the letter was sent. (Attachment #1) • Newspaper advertisement receipt. (Attachment #2) • Planning Commission Agenda for August 15, 2017, and related documents as provided to the Planning Commission members in advance of the meeting: (Attachment #3) -Proposed Public Hearing and Meeting rules -Staff Report - Regarding Rezoning #1075 -Staff Report - Regarding Rezoning #1077 -Pictures & Maps of property • A Transcript of the August 15, August 16, & August 17, 2017, Special Meeting and Public Hearing, which includes a Motion to Recommend Disapproval and to table for staff to prepare proposed finding. (Attachment #4) • Attendees at the Public Hearing were ask to sign it at the door. Five (5) pages of sign in sheets are attached and incorporated by reference. (Attachment #5)

Rezoning #1075 Attachments: • Applicant's Rezoning Application with the applicant's attachments, as follows: (Attachment #6) -Applicant's four (4) page supplement to application -Exhibit Map #1 -Corman-McQueen Resolution -MBTJ, LLC., Resolution

1 SPECIAL CALLED PLANNING COMMISSION MEETING ON AUGUST 15, 2017, AUGUST 16, 2017, AND AUGUST 18, 2017

Rezoning #1077 Attachments:

• Applicant's Rezoning Application with the applicant's attachments. as follows: (Attachment #7) -Applicant's four (4) page supplement to application -Exhibit Map #1 -Corman-McQueen Resolution -MBTJ, LLC., Resolution

• Narrative Development Plan signed by MBTJ, LLC. and Narrative Development Plan signed by Corman-McQueen Golf, Inc. (Attachment #8)

2 The following documents relating to Both Rezoning #1075 & Rezoning #1077

• Rezoning Notice Letter sent to area residents, and the address list to which the letter was sent. (Attachment #1) l'l• nntn11 ti# f11U11T

Henderson City-County Planning Commission Brian Bishop, Executive Director 1990 Barret Ct. Suite C Henderson, KV 42420 270-831-1289

July 21, 2017

RE: APPLICATION FOR REZONING OF PLAYERS CLUB GOLF COURSE

You are receiving this letter because you own property in the vicinity of the area commonly known as the Players Club Golf Course.

Please be advised that the Henderson City-County Planning Commission will hold a special called meeting and public hearing(s) on Tuesday, August 15, 2017 at 6:00 p.m. , at the Henderson Municipal Center, 222 First Street, 3rd Floor Assembly Room . At that time, the Planning Commission will hear Rezoning Application(s) and related matters, submitted by Corman-McQueen Golf, Inc., Daniel McQueen, President, and MSTJ, LLC, Mike Chambers, (the "Applicants") for the entirety of what is commonly known as the Players Club Golf Course, containing 164.44 acres, more or less, located in the City of Henderson which is Henderson County Property Valuation Administrator's Map Number (also sometimes referred to as Earcel Identification Number 'PION") #64- 28.4, at which meeting the following matters will be considered:

1. REZONING #1075

1 A. The Applicants have applied to rezone 5.088 acres along Constanza Drive from Agricultural (AG) - Golf Course Only Restricted Use to Residential 1; and, then subdivide this 5.088 acres into lots 1 through 4, which is depicted in yellow on the enclosed map.

1 B. The Applicants have applied to rezone 25.44 acres north of Wolf Hills Blvd. and west of Wathen Lane from Agricultural (AG) - Golf Course Only Restricted Use to Residential 1; and, then subdivide this 25.44 acres into lots 5 through 8, which is also depicted in yellow on the enclosed map.

2. REZONING# 1077

The Applicants have applied to rezone the balance of the area commonly known as the Players Club Golf Course, containing 133.8 acres, more or less, from Agricultural (AG) - Golf Course Only Restricted Use to Agricultural (AG), with no Golf Couse Restriction, which is depicted in blue. (If approved this property could be used for any use permitted in the City Agricultural Zone.) If you are for or against any of these Applications, or any part of them, you, your attorneys, your other professionals and your expert witnesses, are urged to attend this meeting and public hearing and present evidence for or against. This may be your only chance to present evidence, as the Board of Commission for the City of Henderson (commonly referred to as the City Commission) has historically not held another public hearing on rezoning matters (on zoning map amendment matters). The Planning Commission is required by law to base its recommendation to the Board of Commission for the City of Henderson, solely and only, on evidence presented at this Public Hearing; so, this is your opportunity to present all evidence you wish the Pta·nning Commission to consider. The Board of Commission for the City of Henderson has historically made its decision on the transcript of evidence presented at the Planning Commission Public Hearing.

There will be no time limit on attorneys. Others will initially have a time limit, but those wishing more time, after everyone has presented their evidence, will be given additional time until everyone has had an opportunity to present all of the evidence they care to.

The Planning Commission has also requested Codes Department personnel to be present at the meeting to answer use or maintenance questions.

Sincerely, ~~A~L-~ Brian Bish:p ~f..AJ/V/ Executive Director, AICP HENDERSON CITY-COUNTY PLANNING COMMISSION BB/tgc HEN0EftS0N, IC(NTUCKY

, .1. 1. fh-U.4 CHARLES D & JUDITH L BUCKMAN ·1 M DEVELOPMENT INC / BRADLEY K HAZELWOOD 852 WOLF HILLS BLVD 425 FOURTEENTH ST 622 MERRITT DR HENDERSON, KY -42420 HENDERSON, KY 42420-0000 HENDERSON, KY -42420

RICHARD J & DEBRA D DEMPSEY BRA TIMOTHY J & MARNITA B GREGORY 504 HICKORY WOOD CT V 507 HICKORY WOOD CT

KATHARINA L EUTENEIER DARREN W & WHITNEY E SPAIN HOWARD 511 HICKORY WOOD 509 HICKORY WOOD CT HENDERSON, KY -42420 HENDERSON, KY -42420

PAMELA S THOMPSON STEPHANO & KIMBERLY A CHAVIRA 512 HICKORY WOOD CT 3039 FIELD STONE DR HENDERSON, KY-42420 HENDERSON, KY -42420

PAULA M GERSON GLENN A & ANGELA HAWKINS WARREN A ROBERGE 601 HICKORY WOOD CT 3025 FIELD STONE DR 3024 FIELDSTONE DR HENDERSON, KY -42420 HENDERSON, KY 42420-2451 HENDERSON, KY -42420

TERRY A & DAWN D WHEELER 3030 FIELD STONE DR HENDERSON, KY 42420

LYNDA GAIL OSBORN LONNIE SUE & ELLIS JACK D KNIGHT 607 HICKORY WOOD CT 416 SAINT JAMES CT HENDERSON, KY 42420 SAINT PETERS, MO -63376

PHILLIP E & JILL M RAWLEY H&MLC 608 GRAY STONE CT PO BOX 357 HENDERSON, KY -42420 HENDERSON, KY 42419-0357 ROBERT K & CATHERINE N KIMBERLY D POYNTER ANGERMEIER RAY A & ELIZABETH T PAYNE WIEDERSTEIN 6203 W TIMBERLANE CT 3000 SEDGEFIELD DR 600 GRAY STONE CT HENDERSON, KY 42420-0000 HENDERSON, KY 42420 HENDERSON, KY -42420 TERRY L & DORIS I EMRICK CHRISTOPHER & JODI HEIMGARTNER RALPH K & CAROLYN M ROBARDS 515 HICKORY WOOD CT 181 N ELM ST #734 637 CONSTANZA DR HENDERSON, KY-42420 HENDERSON, KY 42420 HENDERSON, KY -42420

BOBBY J & HELEN M HAYNES T DAVID & LISA MARIE MAISH JONATHAN & ANGELA DIXON 645 CONSTANZA DR 641 CONSTANZA DR 501 HICKORY WOOD CT HENDERSON,KY-42420 HENDERSON, KY 42420-0000 HENDERSON, KY -42420

JOHN A & TAMARA M JAMES JANCI ARNOLD JOHN R & SHANNA E LEE 1414 DYLAN CIRCLE 1418 DYLAN CIRCLE 649 CONSTANZA DR HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY-42420

R BRIAN & LESLIE OUSLEY STEVEN TROY & PAULA R MANLOVE DAVID A & STEPHANIE J CHRISMAN 653 CONSTANZA DR 657 CONSTANZA DR 661 CONSTANZA DR HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY 42419-1838

ALVIE B KANIPE DONALD R & BETTY J KUESTER 681 CONSTANZA DR 739 CONSTANZA DR HENDERSON,KY-42420 HENDERSON, KY -42420

NORMAN DALE & ANNETTE FAYE JOSEPH PERRY & GRACEANNA MARI DENNY DWAYNE & KIMMIE R BUMPUS AUSTIN LAMBDIN 867 CONSTANZA DR 871 CONSTANZA DR 875 CONSTANZA DR HENDERSON, KY 42420 HENDERSON, KY 42420 HENDERSON, KY -42420 TINC CAROLYN H WARNER TAYLOR J & JENNY R DECORREVONT 771 CONSTANZA DR 767 CONSTANZA DR HENDERSON, KY 42420-0000 HENDERSON, KY -42420

CHASITY HEDGES JOSHUA PRITCHETT MALCOLM E NEEL II 763 CONSTANZA DR 759 CONSTANZA DR 755 CONSTANZA DR HENDERSON, KY -42420 HENDERSON, KY 42420 HENDERSON,KY-42420

ROBERT M & STACEY L JONES TAMMY & FAYE A OXFORD CHRISTOPHER W & AMANDA MORRIS BOWEN 751 CONSTANZA DR 747 CONSTANZA DR 743 CONSTANZA DR HENDERSON, KY -42420 HENDERSON, KY -42420 HENOFRc:;nN l

TIMOTHY G HALL JOSHUA M & CALLAWAY KRISTEN KEVIN M & ANDREA G PAYNE DEIBLER 885 W KNIGHT CT 1410 DYLAN CIRLCE 885 CONSTANZA DR HENDERSON, KY 42420-0000 HENDERSON, KY -42420 HENDERSON, KY 42420

MITCHELL A & JILL W HAZELWOOD LAURA L SPENCER ST ACEY M MCNEILL 1400 DYLAN CIRCLE 1396 DYLAN CIRCLE 1392 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY 42420 HENDERSON, KY -42420

CHRISTOPHER K & KRISTIE M WATSON SCOTT ALLEN & ANITA E WATKINS MARK K & SHELAH G POWERS 1388 DYLAN CIRCLE 1384 DYLAN CIRCLE 1380 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY 42420-0000 HENDERSON, KY 42420

ROBERT R JR & SUSAN K ECKELS VAN ROYEN ROSS M & ELLEN M DENNIS & SHARON G PEPPER 1376 DYLAN CIR 1372 DYLAN CIRCLE 1368 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY 42420-0000 HENDERSON, KY 42420

DELOIS M HAYDEN SHANE E & MIRANDA L BOGGESS DREW & MELANIE MAYS 1364 DYLAN CIRCLE 1360 DYLAN CIRCLE 1356 DYLAN CIRCLE HENDERSON, KY-42420 HENDERSON, KY -42420 HENDERSON, KY -42420

ANTHONY L KRAMPE PATRICK CLARK SHEA PATRICK NEAL & CYNTHIA KONAN 1352 DYLAN CIRCLE 1348 DYLAN CIRCLE 1344 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY 42420-0000

DAVID & JENNY CARTER JAMES R MARSHALL ROBERT G & KIMBERLY A MOSS 1340 DYLAN CIRCLE 1336 DYLAN CIRCLE 1332 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY -42420

JACK R HOALT CARLA ALLDREDGE TRUST MATTHEW & JENNIFER JARRETT 1328 DYLAN CIR 1324 DYLAN CIRCLE 1320 DYLAN CIRCLE HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY 42420-0000

DAVID A CRUCE VERNON C & JIMMIE I EVANS LORI BROWN STARNS 1312 DYLAN CIRCLE 1308 DYLAN CIRCLE 901 WOLF HILLS BLVD HENDERSON, KY 42420-0000 HENDERSON, KY 42420-0000 HENDERSON, KY 42420 WILLIAM D & DEBORAH L PATIERSON GARY L & SUZETIE M JENNINGS GARY & LUANA ELIZABETH QUICK

991 BELLE WOOD DR 981 BELLEWOOD DR 971 BELLE WOOD DR HENDERSON, KY -42420 HENDERSON, KY -42420 HENDERSON, KY-42420

CURTIS J Ill & EMILY HAMILTON UNITED COMMUNITY BANK OF WEST KYINC 961 BELLE WOOD DR PO BOX 209 HENDERSON,KY42420 MORGANFIELD, KY 42437

CORMAN MCQUEEN GOLF INC 2260 LEXINGTON RD VERSAILLES, KY 40383-0000

GEORGE M & BOBBIE J CHAMBERS MARK & HOLLY VICKERS WARREN CREAMERY FARM PROPERTY LLC PO BOX 333 / 7760 WATHEN LN PO BOX 9020 HENDERSON, KY 42420 HENDERSON, KY 42420 EVANSVILLE, IN 47724-9020 Wolf Hills Labels with duplicates addresses in yellow 7/18/201~

A B .C D E F 1 MailName .. --·------·---- ·- iAddress1 iCity ,State !Zip ~ ap 2 ~E~l'-J_O~-~ ~ -~I"':'~!.~.~ EVA~- - - - _ 11~08 DYLAN CIR_~ £_ ---}HENDERS~I KY _ ~ 2420-0000J 641-2 _ __ 3 _l?_~Y,ID ~CRUCE fi312 DYLAN CIRCLE !HENDERSON JKY 142420-0000 j641-3 4 ~A~ H~~- ~JE~NIFERJARRETT - _ 1_132~ DYLAN CIRCLE . 1HENDERSON IKY /42420-000SLl.;.-6-4-1--5--- -1

5 ~A_~~~ AL_L_l?_~~!?_(iE TRU~T______1 1:?24 DYLAN CIRCLE Tri ENDERSON JKY 1 -424201641-6

~ -~=l~:r.~~~;l~B ER~~~------~tHi ~~~~ ~::CLE r~~~~~:~~- ~=fv -~- ~~ ~~- -. 8 !:l>.M~~-~ -~ ~~ -~!:i!-L~----- i 1335 DYLAN CIRCLE 'HENDERSON /KY ' -42420/641-9 - -- ·------+--- -- ·------L----·-- ·--~ ---···------9 DAVID & JENNY CARTER !1340 DYLAN CIRCLE IHENDERSON IKY ; -424201641-10 10 _P~!~'-f~~N~~-&'f. ~0H~ ~_ON~~ - - =tl344 DYLAN CIRCLE --iHE~DERS9N !KY ~ 420-0000 \ §41-11-= 11 PATRICK CLARK SHEA ------·------~ 1348 DYLAN CIRCLE IHENDERSON J KY __ I -4242~641-12 __ 12 ANTHONY L KRAMPE ______1352 DYLAN CIRCLE _1 HENDERSON _jKY --1 -- -42420 _641-13 __ _ 1 13 DREW & MELANIE MAYS [1355 DYLAN CIRCLE jHENDERSON !KY ; -42420 641-14 14 SHANE E & MIRANDA l BOGGESS ------· ~ 60 DYLAN CIRCLE ----[HENDERSON -- jKv° --- : -42420 641-15 -- 15 DELOISMHAYDEN______- - --- _ J1364DYLANCIRCLE !HENDERSON _ _ _~ KY ___ -42420641-16 _ ___ 16 DENNIS & SHARON G PEPPER j1368 DYLAN CIRCLE !HENDERSON j!Y . i 42420 641 -17 17 VAN ROYEN ROSS M & ELLEN M 11372 DYLAN CIRCLE /HENDERSON _ _LI~.'!'_ !42420-0000 641-1~_ -· _

~: t~~Et:{{ii&i~~~~~E:~L~------+i~~~ ~~~~ ~::CLE : ~~~~::!~~ ~ -=1----~~iii~}~-- 20 scon ALLEN & ANITA E WATKINS t 1334 DYLAN CIRCLE !HENDERSON !KY !42420-000~ 641-21 21 CHRISTOPHER K & KRISTIE M WATSON 11388 DYLAN CIRCLE f HENDERSON I KY ! --424201-641-2_2 _ _ ~~ ~:~~~\~p~~~!~LL __ -- ---1~!!! ~~~~ ~::~~: -t::~~::!~~ ---~-:~ ;_ . -:~:~~~:!-~- 24 MITCHELL-A & JILL W HAZELWOOD ------·s-400 DYLAN CIRCLE·---[HENDERSON 'l'KY i----42420 l64i=2_s_ _ , 25 KEVIN M & ANDREA G PAYNE 11410 DYLAN CIRLCE · j_!:I ENDERSON ~ j -42420~ 41-26 26 JOt-fri A& -TAM-ARA M JAMES /1414 DYLAN CIRCLE IHENDERSON . :Ki ! - 4 24201641-27 - -- --·------·------~ ------~ --;,______, 27 JANCJ ARNOLD J 1418 DYLAN CIRCLE !HENDERSON KY ! -424201641-28 28 CHRISTOPH_E~_& JOD1 :8_E.1MG':'~ TNER ~-----1181 N ELM ST#734 __ I HENDERSON KY_-- ~ -~~() 64:1.= 243 29 CORMAN MCQUEEN GOLF INC i2260 LEXINGTON RD \VERSAILLES KY )40383-0000 )64-28.4 30 RAYA& ELIZAB°fTH T PAYNE·--· i3000 SEDGEFIELD DR \HENDERSON KY i 42420164J-257 WARREN A ROBERGE 3024 FIELDSTONE DR HENDERSON KY -42420 64J-261 32 WARREN A ROBERGE 3024 FIELDSTONE DR HENDERSON KY -42420 64J-260 33 GLENN A & ANGELA HAWKINS 3025 FIELD STONE DR HENDERSON KY i42420-24Sl 164J-262

1 Wolf Hills Labels with duplicates addresses in yellow 7/18/201

A B C D E F 34 TERRY A & DAWN D WHEELER 13030 FIELD STONE DR HENDERSON i~ 42420,64J-259__ 35 STE-PH ANO & KIMBERLY A CHAVIRA i3039 FIELD STONEDR HENDERSONl KY ! -42420 64J -265 36 LONNl{ SUE-& ELLIS jAC_K_DKNIG -HT·- - ·- --i416 SAINT JAM-ES- CT- - --liSAINT PETERSIMO -1 -63376 64J-254 I I J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64J-277

)C 38 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 641-239 X 39 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64J-238 )( 40 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 641-269 X 41 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64J-266 42 J M DfVHOPMfNT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64J-267 43 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64J-263 44 JOE MATTINGLY BUILDERS INC 425 FOURTEENTH ST HENDERSON KY 42420 64J-256 45 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 641-136 46 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 641-125 i 47 J M DEVELOPMENT INC 425 FOURTEENTH ST HENDERSON KY 42420-0000 64-28 48 JONATHAN&ANGELADIXON . lsOlHICKORYWOODCT_]HENDERSON i KY I -42420)_64J ~237 __ 49 RICHARD J & DEBRA D DEMPSEY i so4 HICKORY WOOD CT ~ HENDERSON ~ ·, 42420 64J-274 ~: f::!~ll;~~;~~E! ~:!JN_~~~~~~ .... --~m~~~~~:~~~~~ - ~~-~~~Hi~~ . -~t~--+i ~Thi~ 53 PAMELA S THOMPSON ___ _ ----·------, 512 HICKORY WOOD CT~ ENDERSON jKY--:-_- -42420i64J-270 __ 54 TERRY L & DORIS I EMRICK : sis HICKORY WOOD CT t HENDERSON IKv-r -42420164J-2~ 55 ROBERT K & CATHERINE N WIEDERSTEIN 16oO GRAY STONE CT !HENDERSO_N j KY ,_ ~ 3:l.3_~~_::258_ 56 PAULA M GERSON 1601 HICKORY WOOD cr"°l HENDERSON )KY / -42420164J-245 57 °LYNDA-GAILO.SBO RN______---~ 07 HICKO-RY WOOD CT ' HENDERSON ~----:---42420164J-253 58 PHILLIPE & JILL M RAWLEY . 1 608 GRAY STONE CT ~ DERSON :KY : -4242ol64J-255- - 59 KIMBERLY D POYNTER ANGERME IER !6203 W TIMBERLANE CT I HENDERSON LKY ~ 2420-0000- !64J-264 60 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-276 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-273 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-272 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-271 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-268 BRADLEY K HAZELWOOD 622 MERRITT DR HENDERSON KY -42420 64J-252 RALPH K & CAROLYN M ROBARDS 637 CONSTANZA DR HENDERSON KY -42420 641-143

2 Wolf Hills Labels with duplicates addresses in yellow 7/18/201'.

A B C D E F 67 TD~~! ~ ~(SA M~~ MAIS_H_ ____ i 641 CONSTANZA DR I HENDERSON j KY A2420-0000 i 641-142 68 BOBBY J & HELEN M HAYNES i645 CONSTANZA DR IHENDERSON i-KY - ---L · -424201641-141 ' ------·4-- - ·-- - - ·---L--- - -· 69 IQ!-_!~~~~ SHAN~~~ - j649 CONSTANZA_D_R_ _ iHENDERSON i KY -42420,641-140 70 R BRIAN_& LESLIE OUSLEY ______j 653 CONSTANZA DR ~ ENDERSON _I KY -42420 641-139 __ 71 S!~Y~~T~_~Y-~ -~~_l:J_LA R MAN_LO~_E_ ___ i65_? CONSTANZA _DR __j~~ NDERS~LKY -42_~201641-_138 _ _ 72 DAVID A & STEPHANIE J CHRISMAN 1661 CONSTANZA DR I HENDERSON IKY 142419-1838 1641-137 73 -~-~V~ _E ~-~-~~~---~:=~---_ !681 CONSTANZA DR JHENDERSON ~ 1 -42420t641-135 74 !)ONA~D-~ _~ _BE~Y } .~~~STER ______;739 CONSTANZA DR IHENDERSON ~KY~ -42420!641-134 75 ~IJ_R!~!gP.~~~ ~-~AMANDA MORRIS BpWE_~ = ~?i~ CO_!'JSTANZA D~_ -0-ENDERS~~ __ j KY _ _ ; _-- ~~~2~~-41-133 ___ 76 TAMMY & FAYE A OXFORD ;747 CONSTANZA DR !HENDERSON JKY : -42420(_§41-132 77 ROBERT M & STACEY LJONES - ·--1751 CONSTANZA DR '. HENDERSON : KY -42420/641-131 78 MALCOLM E.NEEL .11 ------. 755 CONSTANZA DR -I HENDERSON - I KY [ -42420[641-=-130·-- 79 JOSHUA PRITCHETI·- ·-·- -·------! 759 CONSTANZA DR -· - ~ERSON - ,KY I - - 42420J641:129_ __

:~ ~=;~~:Y/i~~iNE~;:-D::~::EVONT ---=-~-i~-:~ ~~~~~~~~~ Rnlli~~=~-~K,~=-1--- ~:~:-~~r~:~~~~ - 82 CAROLYN H WARNER ------:771 CONSTANZA DR - ···---1HENDERSON - -lKY "f42420-oooo 641-126 - 83 MARK & HOLLY VICKERS------·-··- --··-- ···-17760 WATHEN LN -- - lHENDERSON - fay - --)--·-· 42420~53.l - -· - · ·- - ·· - - · - ·- - · - ·····-·- · - ·-·· - - - - ··-· ------·------:------· ------! ------~ ------i ------·· ----t------84 CHARLES D_& _JUDITH L BUCKMAN __ --··-- __ j852 WOLF HILLS BLVD __[HENDERSON - IKY -, - -424201~54 __ 85 MATIHEW &_HOLLY GAVIN ______'. 860 WOLF_HILLS BLVD _I HENDERSON __ __ IKY _ _ ;__ _ _42420~-153 86 DENNY DWAYNE & KIMMIE R BUMPUS !867 CONSTANZA DR 1HENDERSON !KY 1 424201641-124 87 JOSEPH .PERRY & GRACEANNA MARI AUSTIN - -- i871 CONSTANZA-DR - --\HENDERSON 1KY-·-:·-- -42420\64!-123_ _ _ 88 ~QRMA~-~~~E-~ ~t:J~~:i_:T~~YE ~MBDIN 1875 CONSTANZA_~~ --- l°8ENDERSON jKY _;___ _ 424~_0 !641~_?3 _ ___ 89 JOSHUA M & CALLAWAY KRISTEN DEIBLER 1885 CONSTANZA DR ! HENDERSON IKY 424201641-64 ------·-·----- ·-·- -·------; ! -- --L- --+------L------90 TIMOTHY------· ·- --G HALL-·· - --· ______j 885. - ·- W- · -KNIGHT-- ---·- CT- - - ·-- '.--HENDERSON··- ·· ------,I-KY-- ,1 42420-0000- -·---· .\ 641-58·- - - 91 EMALEE DEEL 1888 W KNIGHT CT I HENDERSON !KY · -42420 641-59 92 ~_ENJ~MIN L & MARGARETHENDRICKS ______j888 WOLF HILLS BLVD __ _J HENDERSON jKY . -42420 ~-l-5~-- 93 LORI BROWN STARNS 1901 WOLF HILLS BLVD 1HENDERSON 1KY 424201641-1 94 CURTIS·J -lll&EMiLYHAMILTON ----- !961 BELLE WOOD DR ! HENDERSON ,KY---, 42420!64-42_ ___ 95 GARY-&WANAELIZABET-H- QUI~-- -· .!97i BELLE WOOD DR i HENDERSON \KY i -4242~164-~-- 96 GARY L& suzEnE M JENNiNGS 1981 BELLEWOOD DR iHENDERSON T KY _, -42420 64-40 97 WILLIAM-D&DEBORAH L PATTERSON 1991 BELLE WOOD DR \HENDERSON \KY I -42420j-64___ 3 _9 _ _ 98 UNITED COMMUNITY BANK OF WEST KY INC IP O BOX 209 !MORGANFIELD JKY 42437L641-4 )(. 99 BOBBIE H CHAMBERS PO BOX 333 HENDERSON KY 42420 64-29

3 Wolf Hills Labels with duplicates addresses in yellow 7/18/201

A B C D E F 100 GEORGE M & BOBBIE J CHAMBERS PO BOX 333 HENDERSON KY 42420 64-28.5 101 H & M LC IP O BOX 357 __J HENDERSON iKY 142419-0357 )64J-246 102 WARREN CREAMERY FARM PROPERTY LLC - '.PO BOX 9020 EVANSVILLE · 1N )47724-9020 64-49

4 CERTIFICATE OF MAILING

I hereby certify that notice of the public hearing was given by mailing a copy of the attached notice letter, by first-class mail, postage prepaid, to those persons set out on the attached list, this aLJ day of JULY 2017.

~.CJ..,J Sign

Theresa Curtis, Executive Asst.I Acct. Tech Print name and title • Newspaper advertisement receipt. (Attachment #2) cBukffiR&PRrnESS nm .A'..nvocATE ',==-,m 300 E. Walnut St., Ewnsvilte, IN , n,3 • P.O. Box 268, Evarusvilte, IN 4!702-0208 Sales Rep: Sharon Alvey (E3405) Phone: (270) 831-8338 Email: [email protected]

Date: 07/26/17 This is a proof of your ad scheduled to run on the dates indicated below.

Account Number: EXH76 / I 2026 l Please confirm placement prior to deadline by contacting your account

Company Name: HENDERSON CITY/CO PLANNING COM rep at (270) 831-8338 .

Contact Name: Ad Id: 1700972 P.O.Numbcr:

Email: [email protected] Tag Line: PUBLIC NOTICE The Henderson City-Cou

Address: J 990 BARRET STEC, HENDERSON, 42420 CT KY, Start Date: 08/01 /17 Stop Date: Ok/0 Ifl 7

Number of Times: 1 Classification Location: 16090 Phone: (270) 831-1200 Fax: (000) 000-0000 Publication: The Gleaner Total Cost: $61.95

a I agree this ad is accurate and as ordered.

PUBLIC NOTICE The Henderson City#County Planning commlsslon will hold one or more Public Hearings ~ ~.!~' .,.cane~ ~.. l/,1¥ at &:00 P.M. in 'If,': thlra floor ::e;!!~~~ri~~t itrt:1a~rf:'~:!YcYJ= will ~i~C::"gy A!lr1~:1i~:~o:~:~ Golf. Inc .. Danlel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Appl!· cants") for the entirety of ~·~1: i~J:'1&o~,s~~ contalnfng 164.44 acres. more or less. locoted In the City of J,lenderson, which Is Hender· son County Property Valuation AdmJnlstra.tor's Map Number (also someUmes referred to as Parcel ldentffication Num ber "PIDII") #64-28.4, at which meeting the following matters will be consktered: 1. REZONING #1075 l A. The Applicants have :rfn:d ~~~~ Agrlcultur1.Ic~~:::: (AG) - Golf~:: Course Only Restricted USe to Resi dential 1: and, then subdivide this 5.088 acres lnto lots 1 through 4. 1 B. Tl1e Applicants have 0 0 5 ='~l w'o1f aff 1f &1!t~c:: 1 ::~~uf~r:(t3,". ~n'~o~~: only Restricted Use to Resi dential 1; 1nd 1 then subdivide this 2s.,4 acres into lots 5 through 8. 2. REZONING # 1077 Tho Appl!· f:~.r::. ·Jr!~::~!·:::,~ monly known as the Pla~rs Club Gotf course, conumtng ~t~ifu~!J ~G'f .0~n~~ ?..1i "'~)~~~ ~': Aestr'lction.. (If approvedJ:,~~~ this property coold be used for any use permitted in the CJty Agn· cultural Zone:.) Submitted by,

~~~rector Henderson City-County Plan· ning commission

lhan · you tor your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi ately so that we can make corrections before the second print date. The number to call is 812-461 -1200. Allowance may not be made for errors reported past the second print date. The Evans,ille Courier & Press and the Henderson Gleaner may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. The Gleaner• 08/01/2017 Page : CO2

Gleaner Public Notices wilt be considered: 1. REZONING #1075 1 A. The Applicants have Directory applied to rezon e 5.088 acres along Constanza Drive from ii about licenscing for your slate. Agricultural (AG) - Golf Course fieds does not accept responsibility Only Restricted Use to Resi dential l; and, then subdivide ted by advertisers in this section. this 5.088 acres into lots 1 through 4. I B. The Applicants have applied to rezone 25 .44 acres iRooflAg north of Wolf Hills Blvd. and west of Wathen Lane from NEED A ROOF? Agricultural (AG) • Golf Course Free Estimate , Only Restricted Use to Resi· Roo ftng , S1d1ng , \Vindo"s dential l ; and, then subdivide FRALEY'S ROOFING & this 25.44 acres into lots 5 HOME IMPROVEMENT through 8. 270·82_6•0627 2. REZONING# 1077 The Appli Fan us on Facebook! cants have applied to rezone facebook.com/thegleaner the balance of the area com monly known as the Players Club Golf Course, containing Tree Services 133.8 acres more or less, from POOR BOY TREE SERVICE Agricultural (AG)· Golf Course Licensed & Insured Only Restricted Use to Agricul· Be aware of the non•.fnsured tree tural (AG), with no Golf Couse trimmers. a, protected Restriction . (If approved this (270)860-8490 or 826-3140 property could be used for any use permitted in the City Agri Gleaner s ubscribe r ques tf;m s7 Call 270 -el 1 ·039 3 or toN frN 800-58 7 -63 ,,. 7. cultural Zone.) Submitted by, Gleaner Public Notices Brian Bishop Executive Director SUPPLY CHAIN DEPARTMENT Henderson City-County AT BIG RIVERS ELECTRIC Planning Commission CORPORATION'S SEBREE STATION, ROBARDS, KY. BRUCE HENSLEY PURCHASING SUPERVISOR SEBREE STATION BIG RIVERS ELECTRIC CORP. Employment

PUBLIC NOTICE Driver/Transport The Henderson City-County Planning Commission will hold CDL CLASS B DRIVER - $17/hr one or more Public Hearings Part-time. On call/flexible at a Special called Meeting scheduling. Email resume to on Tuesday, August 15 2017 jeff.mayo,j)enviroset.com or at 6:00 P.M . in the third floor apply at SET Industrial Services assembly room at the Hender 3016 Ohio Dr. Henderson, KY son Municipal Center, 222 First street. The following items will be heard and considered: Rezoning Applications sub Merchandise mitted by Corman-McQueen Golf, Inc., Daniel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Appli Furniture cants") for the entirety of what Is commonly known as the Players Club Golf Course, containing 164.44 acres, more or less, located in the City of Henderson, which is Hender son County Property Valuation ADJUSTABLE BED W/REMOTE Administrator's Map Number NEW still in box $750/ Brand (also sometimes referred to NEW PillowTop Mattress Set. as Parcel Identification Num Still in bags $125 or $40 down ber "PION") #64-28.4, at which take home today! can Deliver meeting the following matters Call or Text (270)903-5100

Copyright~ 2017 The Gleaner 08/0112017 " · · -· · -· .f 'l(\4'7 l'\, 4 'l -- , ,... , ,. ·C' ·"""' The following documents relating to Both Rezoning #1075 & Rezoning #1077

• Planning Commission Agenda for August 151 20171 and related documents as provided to the Planning Commission members In advance of the meeting: (Attachment #3) -Proposed Public Hearing and Meeting rules -Staff Report - Regarding Rezoning #1075 -Staff Report - Regarding Rezoning #1077 -Pictures & Maps of property HCCG/S

Ma pping the Future

HENDERSON CITY-COUNTY PLANNING COMMISSION SPECIAL CALLED AGENDA

TUESDAY, AUGUST 15, 2017 - 6:00 P.M. ***MEETING TO BE HELD AT THE HENDERSON MUNICIPAL CENTER*** 222 FIRST STREET, THIRD FLOOR ASSEMBLY ROOM

I 2017 Planning Commissioners Planning Commission Staff Herb McKee, Chairman David Williams, Vice-Chairman Bobbie Jarrett, Treasurer Executive Director, Brian Bishop Mac Arnold Assistant Director, Claudia Wayne Kevin Richard Executive Asst./Acct./GIS Technician, Theresa Curtis Dickie Johnson Secretary Senior/ Address Technician, Heather Lauderdale Gary Gibson GIS Coordinator, Chris Raymer Rodney Thomas David Dixon Attorney, Tommy Joe Fridy Kevin Herron Gray Hodge *Doug Bell*

I. ROLL CALL

II. PUBLIC HEARING ITEMS

A. Amendments to Henderson City Zoning Ordinance, Appendix A Zoning, • The Planning Commission will consider zoning text amendments to the following articles: 1. Amending Article IV, Section 4.09, Obstructions to vision at street intersection on corner lots, and consider expanding the exemption of this ordinance to include the Audubon Commercial Zone, The Henderson Innovative Planning District, the Gateway Zone, and the Riverfront Two (2) Zones. 2. Amending Article VI. Section 6.07. Site Plan (see attachment}

August 15, 2017 Agenda 1 Henderson City-County Planning Commission .... 1990 Barret Court, Suite C .... 270-831-1289 www.hendersonplanning.org HCCG/S

,,,.,.,,,,.. tlN ,11tun, Mapping t he Future

3. Amending Article XV. PUD. Planned Unit Development District, Sections 15.01 and Section 15.03 (see attachment)

4. Amending Article XX Section 20.03 and Article XXXIII, Section 33.06 to make Craft Distillery and microbrewery a conditional use in the Central Business District and in the Gateway Zone.

B. Rezoning Applications submitted by Corman-McQueen Golf, Inc., Daniel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Applicants'? for the entirety of what is commonly known as the Players Club Golf Course, containing 164.44 acres, more or less, located in the City of Henderson, which is Henderson County Property Valuation Administrator's Map Number (also sometimes referred to as Parcel Identification Number "PION") #64-28.4, at which meeting the following matters will be considered:

B1. REZONING #1075 1 a. The Applicants have applied to rezone 5.088 acres along Constanza Drive from Agricultural (AG) - Golf Course Only Restricted Use to Residential 1; and, then subdivide this 5.088 acres into lots 1 through 4. 1b. The Applicants have applied to rezone 25.44 acres north of Wolf Hills Blvd. and west of Wathen Lane from Agricultural (AG) - Golf Course Only Restricted Use to Residential 1; and, then subdivide this 25.44 acres into lots 5 through 8.

B2. REZONING # 1077 The Applicants have applied to rezone the balance of the area commonly known as the Players Club Golf Course, containing 133.8 acres, more or less, from Agricultural (AG) - Golf Course Only Restricted Use to Agricultural (AG), with no Golf Couse Restriction. (If approved this property could be used for any use permitted in the City Agricultural Zone.)

August 15, 2017 Agenda 2 Henderson City-County Planning Commission --1990 Barret Court, Suite C .. 270-831-1289 www.hendersonplanning.org HCCGIS

,,,,,,,,,,,,, , ,,,,,,,.. .. Mapping the Futur('

Ill. NON-PUBLIC HEARING ITEMS

1. WOLF HILLS II SUBDIVISION, MASTER PLAN- Submitted by Corman McQueen Golf, Inc., Daniel McQueen, President, and MBTJ, LLC, Mike Chambers, (the "Applicants'? for the entirety of what is commonly known as the Players Club Golf Course, containing 164.44 acres, more or less, located in the City of Henderson, which is Henderson County Property Valuation Administrator's Map Number (also sometimes referred to as Parcel Identification Number "PION") #64-28.4. Applicants are requesting Master Plan approval.

IV. ADJOURNMENT

August 15, 2017 Agenda 3 Henderson City-County Planning Commission ... 1990 Barret Court, Suite C ... 270-831-1289 www.hendersonplanning.org PUBLIC HEARING AND MEETING RULES

If the Public Hearing(s) and Special Meeting scheduled for 6:00 p.m. Tuesday, August 15, 2017, have not been sooner concluded and adjourned, it will stop at 9:00 p.m. and be recessed and reconvened the following night, Wednesday, August 16, 2017, at 6:00 p.m.; and likewise recessed at 9:00 p.m., and reconvened at 6:00 p.m., on dates set by the Planning Commission, until finished. 1. Those individuals, including attorneys, wishing to speak, were asked to sign in at the door. The Planning Commission very much wants to hear all evidence, comments, positions, suggestions and questions. 2. There will be no time limit on attorneys and attorneys will present first: - We will begin with attorneys representing those for/Applicants. - Then attorneys representing those against. - Then non-attorneys wishing to speak for. - Then non-attorneys wishing to speak against. - Then rebuttal from attorneys representing the Applicants. - Then rebuttal from attorneys representing those against. 3. Attorneys may ask questions ( cross examine) directly. 4. Questions from non-attorneys must be presented to the Chairman along with who the question should be directed to; and, the Chairman will ask the question. That is, non-attorneys may not ask questions directly. 5. Each non-attorney who signed in at the door will initially be given 5 minutes; in the order set out in paragraph 2, above. If the meeting room is full and those who signed in are in the foyer outside the meeting room or another designated area, they will be allowed a reasonable time after their name is called to come to the podium. If someone did not initially sign in to speak, they may request to do so later and the Chairman may grant or deny such request. After everyone from both sides has had 5 minutes, if there are non-attorneys who would like additional time, an additional 5 minutes will be given, and this procedure will be repeated, until everyone has had an opportunity to present all they desire to present. 6. Speakers are asked to not repeat something another speaker has said, but may come up and say they agree with one or more other speakers and present anything new they may have. 7. Planning Commissioners may ask questions at any time.

The Chairman will ask for a motion, second, discussion and vote to approve or change the rules. Zoning Map Amendment Staff Report #1075 (1A) Date: 08-15-2017

DATE: REZONING#: 1075 (1A) LOCATION: Wolf HIiis II Urban Services PIO #: 64-28.4 All Urban Services are available to the Site

Applicant: Corman-McQueen Gold, Inc & MBT J, LLC Development Patterns Acreage: 5.088 acres on Constanza Drive Wolf Hills Subdivision N/A Current City Zoning: Agricultural(AG) Golf Course Only Restricted Use Planning Staff Recommendations

Proposed City Zoning: (R-1) Single-Family Residential N/A District Findings of Fact:

Surrounding Zoning Classifications: Staff will take direction from the Planning Commission. North: City Agricultural (AG) District South: City Medium Density Residential District & City PUD, Planned Unit Development District East: City Agricultural (AG) & City (R·2) Medium Density Residential District, West: City Agricultural (AG) District & (R-2) medium Density Residential District

Proposed Zone & Land Use Plan

The applicant is requesting a zoning change from Agricultural (AG) -Golf Course Only Restricted Use to Single-Family Residential District (R-1)

Planning Staff Review

FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN

The Future Land Use Map of the Comprehensive Plan depicts this area as Parks & Recreation . The future Land Use element of the Comprehensive Plan is not consistent with the proposed zoning of Single-Family Residential District (R-1).

HCCPC 1990 Barret Court, Suite #C 270-831-1289 www.hendersonplanning.org Zoning Map Amendment Staff Report #1075 (1 B) Date: 08-15-2017

DATE · REZONING#: 1075 (18) LOCATION: Wolf Hills II Urban Services PIO #: 64-28.4 All Urban Services are available to the Site

Applicant: Corman-McQueen Gold, Inc & MBT J, LLC Development Patterns Acreage: 25.44 acres North of Wolf Hills Blvd and West of Wathen Lane N/A Current City Zoning: Agricultural(AG) Golf Course Only Restricted Use Planning Staff Recommendations

Proposed City Zoning: (R-1) Single-Family Residential N/A District Findings of Fact:

Surrounding Zoning Classifications: Staff will take direction from the Planning Commission. North: City (R-2) Medium Density Residential District & City Agricultural (AG), South: City (R-2) Medium Density Residential District City County Agricultural (AG) East: City Agricultural (AG) District West: Citv (R-2) Medium Density Residential District

Proposed Zone & Land Use Plan

The applicant is requesting a zoning change from Agricultural (AG) -Golf Course Only Restricted Use to Single-Family Residential District (R-1)

Planning Staff Review

FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN

The Future Land Use Map of the Comprehensive Plan depicts this area as Parks & Recreation. The future Land Use element of the Comprehensive Plan is not consistent with the proposed zoning of Single-Family Residential District (R-1).

HCCPC 1990 Barret Court, Suite #C 270-831-1289 www.hendersonplanning.org Legend

~ HGIS.CITY_UMITS TC.Road_CenterllnH Route Type - CITY - CNTY

PKWY

PRIV A PORTION OF THE - us FARM REMAINDER TRACT REZONE 25.544 ACRE • 0Parcelo AGTOR,1 Zoning (Parcels) City A PORTION OF THE - RF~ FARM REMAINDER TRACT REZONE 5.088 ACRE • AG TO R-1

R-0 CBD 64-60 GB NB HC - M-1 - M-2

REZONING #1075 lA

SITE FACING NORTH SITE FACING WEST

SITE FACING EAST SITE FACING SOUTH REZONING #1075 18

SITE FACING WEST SITE FACING EAST

SITE FACING SOUTH SITE FACING NORTH REZONING #1075 18 (2)

SITE FACING NORTH SITE FACING SOUTH

SITE FACING WEST SITE FACING EAST Zoning Map Amendment Staff Report #1077 Date: 08-15-2017

DATE: REZONING #: 1077 LOCATION: Wolf Hills Players Club Golf Course Urban Services Portion of PIO #: 64-28.4 All Urban Services are available to the Site

Applicant: Corman-McQueen Gold, Inc & MBT J, LLC Acreage: 133.8 Acres, balance of Players Club Golf Development Patterns Course Current City Zoning: Agricultural (AG) Golf Course Only N/A Restricted Use Planning Staff Recommendations Proposed City Zoning: Agricultural (AG), with no golf course restriction (If approved this property could be N/A used for any use permitted in the City Agricultural Zone.)

Findings of Fact: Surrounding Zoning Classifications: North: City (R-2) Medium Density Residential District Staff will take direction from the Planning Commission. South: City (R-2) Medium Density Residential District East: City Agricultural (AG) Residential Lots West: Citv (R-2) Medium Density Residential District

Proposed Zone & Land Use Plan

The applicant is requesting a zoning change for the 133.8 acre balance of the area that is commonly known as the Players Club Golf Course with Golf Course Only Restricted Use, to Agricultural (AG), removing the Golf Course Only Restriction.

Planning Staff Review

FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN

The Future Land Use Map of the Comprehensive Plan depicts this area as Parks & Recreation, which is consistent with a golf course . The future Land use element of the Comprehensive Plan is not consistent or in agreement with the proposed zoning .

HCCPC 1990 Barret Court, Suite #C 270-831-1289 www.hendersonplanning.org - ., 64-61

Legend 5l HGIS-CllYJ.IIIITII TC.Roacl_C.nlerllll.. Player's Club Golf Course R-•'fyP" 133.8 acres

- c,m

- KY -PKWY PRIV o- us...... Zoning (Pan:els) .City RFJ _-=:) RF-S _ _: RF·:l RF-I Dooz czi _, ·DACo :=J AG .::).....R-1 r j fl.J . R...... H ·R·PUO

C!O G! NI 64-60 . HC....

\ -r-1~ ...... \\

A.G. f.UW JWWNDIR _!!~AC.--- z ± REZONING #1077

SITE FACING WEST · SITE FACING NORTH

SITE FACING EAST SITE FACING SOUTH REZONING #1077

SITE FACING NORTH SITE FACING EAST

SITE FACING WEST SITE FACING SOUTH REZONING #1077

SITE FACING SOUTH SITE FACING NORTH

SITE FACING WEST SITE FACING EAST

The following documents relating to Rezoning #1075 & Rezoning #11>77

• Attendees at the Public Hearing were ask to sign It at the door. Five (5) pages of sign In sheets are attached and Incorporated by reference. (Attachment #5) Re~_ }077 Player'~ C,_.;lu_b__ ---.---'---~--'-'--

Item: 133.8 acres Meeting Date: August 15, 2017 Wolf Hills Blvd. Henderson Municipal Place/Room: Facilitator: Planning Commission Bid . 3ro Floor

1./ Yt1 t/ / \~Cc~ ~L ~. q i 8 {,1)o J f-- . 'I fo 7J. )v J

Page / Reio ~,~:t)7.t5 Player's Club - 5.088 acres along Constanza Item: Drive & 25.44 acres Meeting Date: August 15, 2017 North of Wolf Hills Blvd. & West of Wathen Lane Henderson Municipal Facilitator: Planning Commission Place/Room: Bid . 3rd Floor

,/ ..U-&el'l.£-li:uJ~~~~(L/_-~~'C..__,~:.:____ _j___ _J__J_~

I ~~~--~"------t-7_'f_)~~lt~S~'foA_..!!,"$(;=-.;::___--+---l---l------l (,6 Af, ~l:':S {}bt;(

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/ I i~\!JTl~~.·$,l~~j~, /, .. ~ei~,nttig< ."""',~o,.,.:--·7""""'p-1--'-'ay-e-r's'------'-c-,u-b ..:...... __ ,---"-~~---'-~"-'--~...i...... c----- ltem: 133.8 acres Meeting Date: August 15, 2017 Wolf Hills Blvd. Henderson Municipal Facilitator: Planning Commission Place/Room: Bid . 3rd Floor

I------+------

Page~ R~2:oni11g #1'077 Player's Club - Item: 133.8 acres Meeting Date: August 15, 2017 Wolf Hills Blvd. Henderson Municipal Facilitator: Planning Commission Place/Room: Bid . 3rd Floor

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Facilitator: · Planning Commission

L------+------·--\----I----l---1 Rezoning #1075 Attachments: • Applicant's Rezoning Application with the applicant's attachments, as follows: (Attachment #6) -Applicant's four (4) page supplement to application -Exhibit Map #1 -Corrnan-McQueen Resolution -MBTJ, LLC., Resolution HENDERSON CITY-COUNTY PLANNING COMMISSION REZONING APPLICATION

PLEASE PRINT

Applicant(s) name (s): (}Jl2ll1fl: t1-J1lc..f/)UIR-[A/ G:oLF; f;vc_

JJJB:f.. l, ttc_

Planning the Future Business entity - names of Officers, Directors; Shareholders or Members: The applicant must be ThJ.J1e-L 4/cu?ue:t:=:~, tPqs. Co12-111e-cJ-11/ef?ug1p..,, ?otE; ,,L-Nc an owner of the property.

Spouse and/or any. other parties with legal or equitable interest must join in this application.

Email Address: ______Identify applicant or owner(s).

Property owner(s) name(s):G1e.J1\,1.<., , /ilcf?u-e ..ec,J [Pe, If needed, use separate ~K sheet t6 identify all parties with legal 1JA-rJJeL ldc.,rpt/eeµ interest in this property.

Rezoning# /01!> Daytime Telephone ''3"5'1- t;;/9'- .S-IJ t/t1 Cell: ·_------Date ApP-lication Email Address: ______Filed: 1•// • / 1

PC He1 ng Date: ' i,/1 Applicant(s) Agent/Attorney:.______'Jl)D•• Fee amount: $_25:t;_ · Address:.______

Rece.i pt #__ 7'61t/OO_ Daytime Telephone ______Cell: ______

Email Address:.______By: r{/.

HCCPC Rezoning Application Revised 11-01-2014 Project Summary: 'S.i.61. 6' W Pir!YI t.!y. 5u~dJ. V1..s 1.oe:.v

In order for the Planning Commission to make a recommendation for a zoning Planning the Future map amendment, It must make findings of fact in support of its recommendation.

Findings in Compliance with the Comprehensive Plan: Please provide specific evidence from the Comprehensive Plan with reference to the Land Use Criteria and Goals and Objectives, to support this map amendment request. ~E /1-'!7/rc!l-ta)

If the proposed zoning request is not consistent with the If the applicant feels the proposed request is not consistent with the adopted Comprehensive Plan, the Comprehensive Plan, the application must contain facts supporting one of the Commission must find either: following:

1. That the original 1. Describe why the original classification was inappropriate. classification was (Use additional sheets if needed). inappropriate or improper for the original use of the property; or

2. That there have been major changes of an economic, physical or 2. Describe the major changes not anticipated by the Comprehensive Plan social nature within the and how they have altered the basic character of the area. area involved which (Use additional sheets if needed). were not anticipated in the comprehensive Plan and that those changes have substantially altered the basic character of the area involved.

2 Property and Proposed Development Information

• Property Address: 5?aa- !JaLE It/LL$ l3lV]) • PIO# /.zf-22', $1'. Acreage: ______l • Existing Zoning: _ __;._lh~'6---~------·! • Existing Land Use:_-'/};.:..:0--:,;______• Zoning Requested:_-.;,..__.______• Plat of property and description of area showing accurate measurements with acreage included . • Development Plan: Yes ' No __/__ _ (If Development Plan submitted, please provide 8 copies {one 8 Xx 11 ), and (1) digital copy)

• List of adjoining/adjacent property owner's name and addresses from Property Valuation Office

Applicant's Certification

I do hereby certify that, to the best of my knowledge and belief, all application materials have been submitted and that the information they contain is true and correct.

Date: K.1,.,- 3o, I?

7-7-dt)/7

/J}b ra;:uc_

(Please print name and title)

The forgoing signatures constitute all of the owners of the affected property necessary to convey fee title, their attorney, or their legally constituted attorney-in-fact. If the signature is of an attorney, then such signature is certification that the attorney represents each and every owner of the affected property.

3 Ga.FCLWBOflLUEGRASS PAI%: 03 012s12011 21:16 8592191€.07 I I

A.G. l'.A& DIWNDU ..!!3,II AC, * ,ui'IJIII CUlmlml...o ± Resolutions of the Member of MBTJ. LLC

-::ie undersiMed. being all of the Members of MBT.l, LLC: a Kentucky limited liability company ("Company") hereby approve and adopt for and on behalf of the Companv tr:: following Resolutions and consents to the company actions contemplated thereby:

Election of Vice President. The following resolution concerning the election of a Vice President for the Company is adopted:

RESOLVED. that Bobbie Chambers is elected to the office of Vice President until election and qualification of her successor.

,;;xecution of Documents in Connection with Henderson Citv-Countv Plannino: Commission matter. The following resolution permitting the Vice President of the Company to execute contracts and other instruments on behalf of the Company in connection with the application for re1.0nin£! and amendment of Master Plan is adooted: RESOLVED, that the Vice President of the Company be. and hereby is, authorized and empowered to execute any contract, application or other document in the name of and on behalf of the Company as she may deem necessary or desirable in connection with the rezoning of the 6 acre Clubhouse portion of the Corman McQueen property which the Company is purchasing, including but not limited to any narrative or development plan or request to amend the Master Plan for the Clubhouse portion ofthe property.

These resolutions may be executed in one or more identical counterparts, each of which shall be deemed an original but all of which together wiH constitute one and the same instrument.

The original executed copy of these Resolutions shall be filed with the minutes of proceedings of the Memberofthe Company.

IN WITNESS WHEREOF. the signature of the undersigned Member is effective as of the 11th day of July. 2016.

l l9448.15394S/4S4704l,l ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT OF THI!: BOARD OF DIRECTORS OF CORMAN-McQUEEN GOLF, INC.

Effective July 11, 2016

The undersigned, being all of the Directors of Corman~McQueen Golf, Inc., a Kentucky corporation ("Corporation") hereby approve and adopt for and on behalf of the Corporation the following Resolutions and consents to the corporate aciions contemplated thereby:

Election of Officers. The following resolution concerning the election of Officers for the Col'poration is adopted: RESOLVED, that pursuant to the Corporation's Bylaws, the following named individuals have been elected to the offices indicated until election at1d qualification of thefr successors:

Daniel H. McQueen President

Carol H. McQueen Sccretary-Tt'easm·et

Sale of golf course property in Henderson. Kentucky. The following resolution permitting the President of the Corpo1·ation to execute contracts and o1her instl'uments on behalf of the Corporation is adopted:

RESOLVED, that Daniel H. McQueen as President of the Cot'poration is authorized to execute alJ contracts or other instruments for the sale of the 165 acre golf course property located in Henderson, Kentucky, 10 MBTJ, LLC. The President is given the authority on behalf of the Corporation to execute all instruments including but not Jimited to any Application for Rezoning, proposed Amendments to the Master Plan, Narrative or Development Plans, to the Henderson City-County Planning Commission or to the City of Henderson, Kentucky, for the proposed rezoning of the Clubhouse or the rem~ining golf course property proposed by the Purchaser, MBTJ, LLC.

RESOLVED FURTHER, that a copy of any such resolution required by any state be inse1ted in the minute book of the Corporation.

The original executed copy of these Resolutions shall be filed with the minutes of proceedings of the Board of Directors of the Corporation. rN WI1NESS WHEREOF, the signature of the undersigned Directors are effective as of the day written above.

~a~~ Carol H. McQue'e;,rnrector l l9448.l5394S/4S470SS.I

-2- Resolutions of the Member of MBTJ, LLC

The undersigned, being all of the Members of MBTJ, LLC, a Kentucky limited liability company ("Company") hereby approve and adopt for and on behalf of the Company the following Resolutions and consents to the company actions contemplated thereby:

Office of Vice President. The following resolution confirming service of a Vice President for the Company is adopted:

RESOLVED, that Bobbie Chambers who was elected to the office of Vice President by Resolution effective July 11, 2016, currently serves as Vice President, and will continue to serve until election and qualification of her successor.

Execution of Documents in Connection with Henderson City-County Planning Commission matter. The following resolution permitting the Vice President of the Company to execute contracts and other instruments on behalf of the Company in connection with the application for rezoning and #1075 and #1077 is adopted:

RESOLVED, that the Vice President of the Company be, and hereby is, authorized and empowered to execute any contract, application or any other document in the name of and on behalf of the Company as she may deem necessary or desirable in connection with the rezoning of 5.088 acres and 25.44 acres under Rezoning #1075, and the Rezoning with a Narrative Development Plan of 133.8 acres under Rezoning 1#1077, all before the Henderson City-County Planning Commission. This authority includes, but is not limited to, any narrative development plan, conditions or covenants submitted or agreed to by the Company in Rezoning #1075 and #1077.

These resolutions may be executed in one or more identical counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

The original executed copy of these Resolutions shall be filed with the minutes of proceedings of the Member of the Company.

IN WITNESS WHEREOF, the signature or ;he undersigned Merl'!_ber is effdaective as of the _ day of August, 2017. j j j I) ;J 17 ~ ~. f/hJ!:u,_. 119448.153945/4681001.l ;~~~HJ/! Rezoning #1077 Attachments:

• Applicant's Rezoning Application with the applicant's attachments, as follows: (Attachment #7) -Applicant's four (4) page supplement to application -Exhibit Map #1 -Corman-McQueen Resolution -MBTJ, LLC., Resolution HENDERSON CITY-COUNTY PLANNING COMMISSION REZONING APPLICATION

PLEASE PRINT

Applicant(s) name (s)Li2£./ttM "IJ1c.C).>e:e/J Gt?/:.~.~> m(j_ r._1 ; L-t c l ) Planning~ the Future Business entity- names of Officers, Directors; Shareholders or Members: The applicant must be C.'1.E. l!f *l:!. 1r"-Q.1,1.~e.,.; t2-" 1. ,=:- J;.1;;:.c.. - 1Jal:f.i.G 1 &ia~i """"'. PdZ.~,c/o~+ an owner of the L l IJ'JJ J:4 property. ms,J, c. - ,J.. ::z-e I c.Jht1ns1£1<..s, t:r1rl..:r.N·t:' , d[), tro Ir- Jap>Z."'1A-N~. - ue.~ ~ Spouse and/or any A ress: _so LE€S7e,{,<.;Jµ L /?K.I NC-- "{o,A.J f<::.¥ l.j-oS°// other parties with legal or equitable interest /11/3,Ji- Lt::_c-~ 71:,'ll G/2.e-l:P Jl1vee.. ~D Jl,v..d-e..rs~,.v4 l/.:t.l/l..o must join in this Ill c..Qoeeµ . c Httll1 Bl?.ts application. Daytime Telephone~~· t.../9- S-t'J l/o eett'. 21d- 'SZ.t:i - t?i.?Z'

Email Address: Identify applicant or owner(s).

Property owner(s) name(s): (4/f lfllt.N- Ille.(/),, e, e« £.e,LF, .LN

Rezoning # /011 (,elf'."' Daytime Telephone

Date ApP.lic:,On f Filed: ,.. •/ Email Address:

PC Hearirw .. J,5•/? Date: Applicant(s) Agent/Attorney:

Fee amount: $JJ.!c"' Address: w/Dev. Plan $_::_

Receipt# 111'/D't Daytime Telephone Cell:

By:[iA{!_,, Email Address:

HCCPC Rezoning Application Revised 11..01-2014 Project Summary: 8{;/ct c_ u {fu/e/J-l u.~e

In order for the Planning Commission to make a recommendation for a zoning Planning the Future map amendment, it must make findings of fact in support of its recommendation.

2. 7"hat there have been major changes of an economic, physical or 2. Describe the major changes not anticipated by the Comprehensive Plan social nature within the and how they have altered the basic character of the area. area involved which {Use additional sheets if needed). were not anticipated in the comprehensive Plan and that those changes have substantially altered the basic character of the area involved.

2 Propertv and Proposed Development Information

• Property Address: c:gL:?() - (.,Jt)LP lftLl'S i3l11D • PIO# 6. t/ -2 ~. i/ Acreage: ..../-3=.3._...=-=; ?,,___A--i_r:..., ______• Existing Zoning:_-"":....;..------• Existing Land Use:__,_..;...w ______• Zoning Requested:_;/,..,._.. ______• Plat of property and description of area showing accurate measurements with acreage included .

• Development Plan: Yes No /' (If Development Plan submitted, please provide 8 copies (one 8 % x 11 ). and (1} digital copy)

• List of adjoining/adjacent property owner's name and addresses from Property Valuation Office

Appficant's Certification

/ do hereby certify that, to the best of my knowledge and befief, afl application materials have been submitted and that the information they contain is true and correct.

(Please print name and title)

(Please print name and title}

(Please print name and title)

- - ....

PARK RDWNDIR .J!3.:!, ....AC. ...,,..._ :1: ± Resolutions of the Member 9f MBT J. LLC :.ie undersiened. being all ofth.e Members of MBTJ, LLC, a Kentucky limited liability company ("Company"') hereby approve and adopt for and on behalf of the tompanv tr!~ following Resolutions and consents to the company actions contemplated thereby:

Election of Vice President. The following resolution concerning the election of a Vice President for the Company is adopted:

RESOLVED. that Bobbie Chambers is elected to the office of Vice President until election and qualification of her successor.

~xecution of Documents in Connection with Henderson Citv~Countv Pl@nnin2 Commission matter. The following resolution pcnnitting the Vice President of the Company to execute contracts and other instruments on behalf of the Company in connection with. the application for rezoniD¥ and amendment of Master Plan is adooted: RESOLVED, that the Vice President of the Company be. and hereby is, autho1ized and empowered to execute any contract, 3Pplication or other document in the name of and on behalf of the Company as she may deem necessary or desirable in connection with the rezoning of the 6 acre Clubhouse portion of the Corman· McQueen property which the Company is purchasing, including but not limited to any nattative or development plan or request to amend the Master Plan for the Clubhouse "90rtion of the property.

These resolutions may be executed in one or more identica.l counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

The original executed copy of these Resolutions shall be filed with the minutes of proceedings of the Member of the Company.

IN WITNESS WHEREOF. the signature of the undersigned Member is effective as oftbe I 1th day of July.2016. ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT OF THJ1: BOARD OF DIRECTORS OF CORMAN-McOUEEN GOLF; INC.

Effective July 11, 2016

The undersigned, being all of the Directors ofCormau-McQueen Golf, Inc., a Kentucky corporation (''Co1')Joration") hereby approve and adopt for and on behalf of the Corporation the following Resolutions and consents to the corporate actions contemplated thereby:

Election of Officers. The foJJowing resolution concerning the election of Officers for the Corporation is adopted:

RESOL VED1 that pursuant to the Corporation's Bylaws, the following named individuals have been elected to the offices indicated un1il election and qualification of their successors:

Daniel H. McQueen President

Carol H. McQueen Secretary-Treasurer

Sale of golf course property in Henderson. Kentucky. The following resolution permitting the President of the Corporation to execute contracts and othel' instruments on behalf of the Corporation is adopted:

RESOLVED, ihat Daniel H. McQueen as President of the Corporation is authorized to execute all contracts or other instruments for the sale of the 165 acre golf cout·sc property located in Henderson, Kentucky, to MBTJ, LLC. The President is given the authority on behalf of the Corporation to execute all instruments including but not limited to any Application for Rezoning, proposed Amendments to the Master Plan, Narrative or Development Plans, to the Henderson City-County Planning Commission or to the City of Henderson, Kentucky, for the proposed 1·ezoning of the Clubhouse 01· the remoining golf course property proposed by the Purchaser, MBTJ, LLC.

RESOLVED FURTHER, that a copy of any such resolution reqnired by any state be inserted in the minute book of tlie Corporation.

The original executed copy of these Resoll1tions shall be filed with 1he minutes of proceedings of the Board of Directors of the Corporation. IN WITNESS WHEREOF, the signature of the tindersigned Directors are effective as of the day written above.

Caro) H. McQuJen:Director

119448, 153945/4547055. I

-2- Resolutions of the Member of MBTJ, LLC

Office of Vice President. The following resolution confirming service of a Vice President for the Company is adopted:

Execution of Documents in Connection with Henderson City-County Planning Commission .!!!fil!fil. The following resolution permitting the Vice President of the Company to execute contracts and other instruments on behalf of the Company in connection with the application for rezoning and #1075 and #1077 is adopted:

RESOLVED, that the Vice President of the Company be, and hereby is, authorized and empowered to execute any contract, application or any other document In the name of and on behalf of the Company as she may deem necessary or desirable in connection with the rezoning of 5.088 acres and 25.44 acres under Rezoning #1075, and the Rezoning with a Narrative Development Plan of 133.8 acres under Rezoning #1077, all before the Henderson City-County Planning Commission. This authority includes, but is not limited to, any narrative development plan, conditions or covenants submitted or agreed to by the Company in Rezoning #1075 and #1077.

These resolutions may be executed in one or more identical counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

The original executed copy of these Resolutions shall be filed with the minutes of proceedings of the Member of the Company.

IN WITNESS WHEREOF, the signature of the undersigned Member is effective as of the _ day of August, 2017. // ~ /I ;J /J ~~.Uf~ !t"~·ip;m1>ers,~r_: If . J)A A 119448.153945/4681001.l .-l! ~ U11?-, ,~ ,-vt1 ···'·-·

·"\'.' /+'I BOOK 19 PAGE POWER OF ATTORNEY 415 XNOW ALL MEN BY THESE PRESBNTS1 THAT I, GEORGE MICHAEL CHAMBERS, a resident of 7692 Green

River Road No. 1, Henderson, Henderson County, Kentucky 42420, hereby constitute and appoint my wife, BOBBIE J. CHAMBERS of 7692

Green River Road No. 1, Henderson, Kentucky 42420, as my true and lawful attorney-in-fact for me and. in my name, place and stead:

1. To draw checks against my account of any bank wheresoever situated; 2. To endorse notes, checks drafts, bills of exchange, government bonds or other instruments which may require my endorsements; 3. To receive and receipt for me all sums of money or payments due or to become due to.me; 4. To deposit in my name in any bank or banks any and all money collected or received; s. To convey any interest I have or may acquire in real or personal property and to execute, acknowledge and deliver deeds and bills of sale thereto;

6. To borrow money upon the security of my real or personal property and to execute and deliver deeds and bills of sale thereto; 7. To execute and deliver leases and agreements of my real or personal property and to execute and deliver mortgages thereon; a. To receive dividends which are now due or which shall hereafter become due on all stock standing in my name in any corporation and to sell, assign or transfer all or any part of said stock; 9. To prosecute any causes of action or legal proceedings which I have or may hereafter have and to adjust and compromise any and all claims which I may have or which may be asserted against me and to execute releases therefore; 10. To cause to be prepared and to execute any federal or Kentucky State tax returns of any type, specifically including Kentucky State and federal income tax returns;

11. To purchase shares of stocks, bonds or other securities, including obligations of United States redeemable at par in payment of federal estate taxes, in my name and for my account, to borrow money for the payment of the purchase price therefor, and to pledge any

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. ;: .~1- i ..•1' -. ..jOOK 19 PAGE 416

such stocks, bonds or other securities to secure the repayment of such loans, and, in the event of my death, to deliver to my Executor the aforesaid obligations of the United States for tender in payment of federal estate taxes; and 12. In general, to carry on my business and affairs as full and complete power in any circumstances as I, myself, now have or may hereafter have. Granting and giving unto said attorney-in-fact full authority and power to do and perform any and all other acts necessary or incident to the performance and execution of the powers herein expressly granted, with power to do and perform allt acts authorized hereby, as fully to all intents and purposes as r might do if personally present. This power of attorney shall r,ot be affected by the disability of the principal. IN TESTIMONY WHEREOF, J)r~day of January, 2004.

STATE OF KENTUCKY COUNTY OF HENDERSON ... SCT. The foregoing instrument was ,ecknowledged before me by GEORGE MICHAEL CHAMBERS on this the .)Kt day of January, 2004. ~1--:dtM~ Notary Public / / My commission expires: 7 SI~?

THIS INSTRUMENT WAS PREPARED BY:

Dorin E. Luck, Attorney at Law KING, DEEP & BRANAMAN 127 North Main Street Post Office Box 43 Henderson, Kentucky 42419-0043 The following documents relating to Both Rezoning #1075 & Rezoning #1077

• Narrative Development Plan signed by MBTJ, LLC. and Narrative Development Plan signed by Corman-McQueen Golf, Inc. (Attachment #8) NARRATIVE DEVELOPMENT PLAN

Re: Rezoning #1077 containing 133.8 acres, more or less.

The undersigned hereby certify that they are the only owners of the subject property and by the execution hereof they do hereby restrict the Application to Rezone such 133.8, more or less, with this Narrative Development Plan, and do hereby restrict the use of the subject property, if such Application to Rezone #1077 is approved, to only a Golf Course or Sod Farm; and therefore waive the other uses otherwise permitted in the City of Henderson Agricultural Zone. If such Rezoning #1077 is approved the zoning classification shall be referred to as "GOLF COURSE OR SOD FARM ONLY RESTRll'CTED USE IN AN AGRICULTURAL ZONE". This restricted use may only be changed by making an application to rezone the property with the Henderson City - County Planning Commission.

The "subject property" as that term is used in this Narrative Development Plan restricting the use of the property is the 133.8 acres, more or less, which is all of the balance of what is commonly known as the Player's Club Golf Course, including the Club House area but not including the 5.088 acres and the 25.44 acres which is the subject of Application to Rezone # l.OSl; also being a portion of PVA/PIDT #64-28.4. ID?&

The undersigned swear, subject to the penalty of perjury, that the foregoing has been duly approved by the Board of Directors or other governing body of the undersigned owners and that the undersigned individuals were duly authorized to sign.

This Narrative Development Plan may be signed in counterpart.

Date Signed: ---=

Corman-McQueen Golf, Inc.

By: ~141Jll;~ / p/IM Daniel McQueen, President

Date Signed: _.g'"_-.:.-/.:,_{_:-J__.?'------

MBTJ, LLC STATE OF KENTUCKY COUNTY OF //ede,-:;aµ ... SCT.

Acknowledged, subscribed and sworn to before me, the undersigned Notary Public in and for said County and State, by Daniel McQueen, personally known to me, who acknowledged, subscribed and swore to the foregoing instrument as the duly authorized agent of Corman-McQueen Golf, Inc.

WITNESS my hand this ~ day-0f August, 2017.

My Commission expires: 1· 31 ·~0/8 ~e"4-;;;

Print Name and address of Notary Public :.--L/h...... ,rfl,"""'-=~==-4,-=--ew-,/-__,_._:S ______(,d~ /rllf l/4r~ /..~NG tfle.Nt:ler:Jiµ, K.f 91/Y.1D

51 ATE (ff KENTUCKY

COlJN1Y OF HENDERSON ... SCT.

Acknowledged, subscribed and sworn to before me, the undersigned Notary Public in and for said County and State, by Mike Chambers, personally known to me, who acknowledged, subscribed and swore to the foregoing instrument as the duly authorized agent of MBTJ, LLC. WITNESS my hand this d day of August, 2017. My Commission expires: I/__. J/p - z.o 2 () ~~Notary Public

Print Name and address of Notary Public: DIJR./sl?/Zjf f/ SK.!/>f)E:Jz_. 33t:J- s·ecaAJZ) _5'1 /-f6JJ7>CR.:scw ~ V«fo?c1 STATE OF KENTUCKY

COUNTY OF HENDERSON ... SCT.

Acknowledged, subscribed and sworn to before me, the undersigned Notary Public in and for said county and State, by Bobbie Chambers, personally known to me, who acknowledged, subscribed and swore to the foregoing instrument as the duly authorized agent of MBTJ,LLC.

WITNESS my hand this /~y of August, 2017.

My Commission expires: t///6--ZLXZd

Notary Public

Print Name and address of Notary Public: --J.B~fl:uM=z.,1u.'4.....f...Lll,.____,lfc.:..,..: . ..:5t,.....,,.,,,IJ{..HtlL..,k.::~=~=---- 331J~ Sfr-oA

t:. e sod K>j f/ z 'I z tJ I, the undersigned, do hereby restrict the requested AG Zone property, formerly known as the Players Club Golf Course property, to Golf Course and Sod Farm.

Date ~/r/~~11. 08/08/2817 23:~4 GCLFCLUBOFBLUEGP-ASS

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·.. .~ ',• Henderson, KY Rotary Club

District 6710

P.O. Box 77, Henderson, KY

Mayor Steve Austin P.O. Box 716 Henderson, KY 42419-0716

Re: Request for Placement of a Flag Pole To Commemorate Centennial Dear Steve:

Thank you for meeting with me last week about the possibility of placing a flag pole in Redbanks Park. As we discussed, the Rotary Club of Henderson is celebrating its Centennial year in November of this year. To commemorate our 1ooth year of serving in Henderson, the Board of Directors would like to formally request that the Board of Commissioner consider our request to place a flag pole in the island of Redbanks Park with the base commemorating the 1 100 h year of Henderson Rotary Club. Rotary is agreeable to placing a flag pole to the City's requested standards and to pay the expense of the pole and of installation.

I understand through my conversation with you that if the Board of Commissioners gives its preliminary approval, then our request must go forward to obtain approval from the state agency which is administering the federal grant used to create Redbanks Park.

If you would like for me to come and present my request in person to the Board of Commissioners, I will be happy to do so. If you have any other questions, please feel free to contact me.

Thank you again for your consideration ofRotary's request. Rotary is proud of its history of serving Henderson for the last 100 years and looks forward to doing so for another 100 years.

Dorsey Ridley, President August 30, 2017

TO: Commissioners Staton, Pruitt, Bugg and Vowels

FROM SteveAustin Ska~

RE: Rotary Club request for 100 years of service project

As I'm sure you are aware, the Henderson Rotary Club has been an important part of our community and have been positively involved with time, funding and participation on numerous projects and initiatives.

Rotary is celebrating its 100th year as a part of Henderson.

The club is asking for permission to do a project in honor of the 100th anniversary, which I will describe below and attached.

--Erect a 30 ft. flag pole in the grassy area that is surrounded by the drive in Red Banks Park. That pole will fly a single American Flag. It will be lighted for night requirements and will have a stone base. The base will have the Rotary 11 logo" and note the 100 year anniversary.

--Attached are the requirements that the Rotary Club will need to adhere to for the project.

--The Rotary Club will be responsible for all cost of the project-materials and installation.

This item will be included on the September lih City Commission meeting agenda and I will ask for your approval (or, if you choose, disapproval) of the project.

Placement of Flag in Red Banks Park

--There is a restrictive covenant on riverfront areas funded with federal/state funds and approval for any addition must be obtained. That permission is usually obtained before the project is taken before the commission. Although we could bring it before the Commission before hand to make sure it is approved there before we inquire to the state/federal.

--To obtain approval we would need a drawing/sketch of the base, along with the size, the exact wording on the base and the exact location the base would be placed.

--Due to the wind at that location, the flag pole would have to be "hurricane" grade.

--Also, for the flag to be flown at night there would have to be a light installed and there may be some electrical work that would have to be done.

--Flags that are flown in the strong winds of the riverfront need to be of high grade for the elements and need to be replaced more often that in most other cases. Would Rotary also provide flag replacement? UPCOMING BOARD APPOINTMENTS

BOARD EXPIRATION DATE TERM

PARKS AND RECREATION COMMISSION

Current Term Expires

Bill Stevens 09/14/2017 4-Year Rhonda Richard 09/14/2017 4-Year

MUNICIPAL HOUSING COMMISSION

Current Term Expires

Holly Vincent 09/30/2017 4-Year

Meeting: 09/12/2017