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Home My WebLink About06/14/05566 JUNE 14, 2005 At a Called Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 4:00 p.m., Tuesday, June 14, 2005, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Guess, Sirk, Smith and Mayor Paxton (4). Commissioner Coleman was absent (1). City Manager discussed the following: Operating Budget Summary (Manager Recommendations) Investment Budget Decision Items (Manager Recommendations) Tools for Commission Decision Making Operating Budget Decision Items A copy of each is in the Minute file. MINUTES Commissioner Guess offered motion, seconded by Commissioner Smith, that the reading of the Minutes for May 24th and June 1St, 2005, be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Guess, Sirk, Smith and Mayor Paxton (4)• APPOINTMENTS CIVIC BEAUTIFICATION Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby make the following appointments to the Civic Beautification Board: Henry Barbour, to replace Joan Hank who has resigned, Elaine Oehlschlaeger, to replace Betty Kent who has resigned, and Elisabeth Kelly, to replace Dr. Danny Howard, all of which terms will expire July 1, 2007." Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in appointing Henry Barbour, Elaine Oehlschlaeger and Elisabeth Kelly to the Civic Beautification Board. Adopted on call of the roll, yeas, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). MOTIONS Commissioner Sirk offered motion, seconded by Commissioner Smith, move that the following documents be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Asphalt Paving Inc. d/b/a API Contractors (b) Bogard Trucking & Excavating Inc. (c) Davis -Crete d/b/a William Davis (d) B. H. Green & Sons Inc. (e) H & G Construction Company (f) Tilford Contractors Inc. 2. Payment Bond and Performance Bond: (a) H & G Construction Company Inc. 3. Contracts/Agreements: (a) Housing Authority of Paducah for a Housing Community Officer (2005- 5-6975) (b) H & G Construction Company Inc. for the 2005 Calendar Year Street Resurfacing Program (2005-5-6972) (c) Paducah Heating & Air Conditioning for HVAC System at the Robert Cherry Civic Center (2005-5-6970) 4. Deeds: (a) John E. May and wife, Carnetta L. May for the Pecan Drive/Buckner Lane Roadway Project (M.O. 1137) 5. 2004/2005 Operating Budget for the Paducah/McCracken County Riverport Authority 6. Letter of Understanding from Kemper CPA Group for the Year Ended June 30, 2005 567 JUNE 14, 2005 7. Financial Highlights of Paducah Water Works for April, 2005 8. Notice of Cancellation for the Board of Commissioners Regularly Scheduled Meeting of June 7, 2005 9. Notice of Called Meeting of the Smoking Ban Task Force on May 25, 2005 10. Notice of Called Meeting for the Board of Commissioners on June 14, 2005 Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith motion, seconded by Commissioner Sirk, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). LEASE AGREEMENT FOR PROPERTY LOCATED AT RIVERFRONT Commissioner Guess offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN JAMES MARINE, INC., AND THE CITY OF PADUCAH FOR LEASE OF PROPERTIES LOCATED BETWEEN KENTUCKY AVENUE, WASHINGTON STREET, THE TENNESSEE RIVER AND THE FLOODWALL," be adopted. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). M.O.#1139; BK 5; PG 2005 BUCKLE UP KENTUCKY GRANT AWARD Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CAMPAIGN GRANT AGREEMENT WITH THE KENTUCKY STATE POLICE FOR SUPPORT OF THE `BUCKLE UP KENTUCKY IT'S THE LAW & IT'S ENFORCED" CAMPAIGN," be adopted. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). M.O.# 1140; BK 5; PG AMEND PAYROLL TABLES TO INCLUDE 3% INCREASE FOR CITY EMPLOYEES Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLES 1 AND 2, CLASSIFICATIONS/PAY SCHEDULES FOR CIVIL SERVICE, NON -CIVIL SERVICE AND POLICE AND FIRE; AND TABLE 3, GRADE, CLASSIFICATION AND SALARY RANGE FOR CITY OF PADUCAH EMPLOYEES," be adopted. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). M.O.#1141; BK 5; PG ORDINANCES — EMERGENCY EMPLOYMENT AGREEMENT FOR RISK MANAGER Commissioner Guess offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CINDY MEDFORD." This ordinance is summarized as follows: Authorizing the Mayor to execute an employment agreement between the City of Paducah and Cindy Medford, and setting forth the terms of employment for Mrs. Medford as Risk Manager for the City of Paducah. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6976; BK 30; PG 568 JUNE 14, 2005 APPROVE AGREEMENT FOR REIMBURSEMENT FUNDS FROM THE STATE FOR CONSTRUCTION OF LEFT TURN LANE ON OLIVET CHURCH ROAD Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY, FOR CONSTRUCTION OF A LEFT TURN ON OLIVET CHURCH ROAD." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract between the Commonwealth of Kentucky, Department of Highways, and the City of Paducah, Kentucky, for construction of a left turn lane on Olivet Church Road at James -Sanders Boulevard. The Department will reimburse the City up to $350,000 for completion of this project. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6977; BK 30; PG ORDINANCES - ADOPTION APPROVE ZONE CHANGE FOR 801 & 807 OLD MAYFIELD ROAD Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an.ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 801 AND 807 OLD MAYFIELD ROAD, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone 801 and 807 Old Mayfield Road from R-3 (Medium Density Residential Zone) to B-1 (Convenience & Service Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6978; BK 30; PG APPROVE CHANGE ORDER NO.4 FOR POLICE DEPT. HVAC RENOVATIONS PROJECT Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.4 WITH CHESTER MECHANICAL, INC., FOR HVAC RENOVATIONS AT THE PADUCAH POLICE DEPARTMENT". This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 4 in the amount of ($75,260.00) for the Paducah Police Department HVAC renovations project, decreasing the total contract price to $435,276.00. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6979; BK 30; PG APPROVE PAYMENT FOR PURCHASE OF EQUIPMENT FOR POLICE DEPARTMENT HVAC RENOVATIONS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE RATIFYING PAYMENT FOR THE PURCHASE OF EQUIPMENT TO BE UTILIZED FOR THE POLICE DEPARTMENT HVAC RENOVATIONS." This ordinance is summarized as follows: I The City of Paducah hereby ratifies payment to Koch Air, LLC, in the amount of $71,000.00, for equipment purchased to be utilized for the Police Department HVAC renovations. Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6980; BK 30; PG PURCHASE PROPERTY FOR GREENWAY TRAIL Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE PURCHASE OF TWO STRIPS OF PROPERTIES LOCATED ADJACENT TO AND CONTIGUOUS TO THE NORTHERLY BOUNDARY LINES OF BLUEGRASS DOWNS 569 JUNE 14, 2005 RACE TRACK FOR THE DEVELOPMENT OF THE GREENWAY TRAIL." This ordinance is summarized as follows: That the City of Paducah, Kentucky, hereby approves the purchase of real properties in the amount of $28,500, from Carol Christine Ullerich, located adjacent to Bluegrass Downs Race Track, situated in Paducah, McCracken County, Kentucky, Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6981; BK 30; PG ORDINANCES — INTRODUCTION ACCEPT PREMIUMS FOR WORKERS' COMPENSATION, LIABILITY INSURANCE Commissioner Guess offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF KENTUCKY LEAGUE OF CITIES FOR WORKERS' COMPENSATION, PROPERTY AND LIABILITY INSURANCE FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City accepts the proposal of Kentucky League of Cities in the total amount of $1,153,980.00 for Workers' Compensation, Property and Liability Insurance for the City of Paducah for Fiscal Year ending June 30, 2006. AMEND ORDINANCE FOR HORSE DRAWN CARRIAGES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled "AN ORDINANCE AMENDING CHAPTER 122, VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby amends Chapter 122-79(d) changing the required amount of liability insurance for applicants applying for a Downtown Horse Carriage Tour Permit and/or Contract Carriage Operating Permit to a minimum limit of $1,000,000 combined single limit Bodily Injury and Property Damage per occurrence. AMEND EXEMPTION FOR HORSE STABLE LOCATION WITHIN CITY LIMITS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 14-1(C), "KEEPING OF ANIMALS GENERALLY; KEEPING OF ANIMALS WHICH CONSTITUTE NUISANCE," OF CHAPTER 14, ANIMALS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance changes the location of the exempted Annie's Stables from 501 South Second Street to 750 North Sixth Street. AMEND SALARY OF CITY MANAGER TO INCLUDE 3% INCREASE Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING THE SALARY OF THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Increasing the current annual salary for the City Manager by $2,795.73 for a total salary of $95,985.06 effective June 23, 2005. FY2006 BUDGET Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2005, THROUGH JUNE 30, 2006, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July 1, 2005, through June 30, 2006, by estimating revenues and resources and appropriating funds for the operation of City Government. AMEND LICENSE FEE (EMPLOYEE PAYROLL TAX) Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-82, LICENSE FEE IMPOSED, OF CH. 106, TAXATION OF THE CODE OF 570 JUNE 14, 2005 ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance shall be read in full: AN ORDINANCE AMENDING SEC. 106-182, LICENSE FEE IMPOSED, OF CH. 106, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted Ordinance No. 76-1-1217 which increased the license fee for employees to 1% percent; and WHEREAS, the current tax revenues of the City are not adequate to fund economic development, neighborhood redevelopment, and infrastructure capital investments; and WHEREAS, it is the intent of the Board of Commissioners to raise the City's current employee license fee from 1 %2 percent to 2 percent for a term of three (3) years and all revenues derived from the '/2 percent increase in the employee license fee paid to the City shall be segregated and deposited in the "Investment Fund; and WHEREAS, it is the intent of the Board of Commissioners to consider a reduction in real property tax at the setting of the annual tax levy in 2006. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sec. 106-182, "License.Fee Imposed" of Chapter 106, "Taxation", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 106-182. License Fee Imposed. a) There is hereby levied and imposed a license fee upon all persons engaged in any occupation, trade or profession, as defined in section 106-181, in the city, for the privilege of engaging in such occupation, trade or profession, which license fee shall be measured by 1 1,� pereent 2percent of the gross salaries, wages, commissions and other compensation earned by such persons , b) This ordinance shall take effect on October 1, 2005, provided however, that the employee license fee of two percent herein, shall bypperation of this ordinance alone, be automatically reduced to 1 % percent effective October 1, 2008." CITY MANAGER REPORT The City Manager reminded the Board that the City previously along with the County had committed to pay $15,000 ($7,500 each) to sponsor the Wal-Mart BFL Fishing Tournament held at the riverfront. He requested permission to pay to the County the City's portion of $7,500 out of Administrative Contingency. The Board concurred. PUBLIC COMMENTS Barry Carter, President of IAFF, spoke on behalf of Mark Jordan, a Paducah firefighter, requesting the City allow the workback to continue until the state pension board makes a ruling on Mr. Jordan's case. Mark Jordan explained his health condition and the process he has been going through to get his disability pension. He too requested the Board continue the workback. He has been notified by the Human Resources Department that the workback would stop as of June 22, 2005. Herschel Dungey, Human Resources Director, asked for an Executive Session to discuss Mr. Jordan's condition due to the HIPPA laws even though Mr. Jordan made public his health situation. COMMISSIONER COMMENTS Anthony Reeves, citizen, expressed concern about rental properties. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board go into closed session for discussion of matters pertaining to the following topics: • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f). Adopted on call of the roll, yeas, Commissioners Guess, Sirk, Smith and Mayor Paxton (4). 571 JUNE 14, 2005 OPEN SESSION The Board came back into Open Session. FIREFIGHTER REQUEST The Board agreed to extend the workback for a period of sixty (60) days beginning June 23, 2005 and ending August 22, 2005. At the end of the time period the workback will be discontinued. Upon motion the meeting adjourned. ADOPTED: June a 8 , 2005