HomeMy WebLinkAbout06/28/05574
JUNE 28, 2005
At a Regular Meeting of the Board of Commissioners, held in the Commission
Chambers of City Hall at 6:00 p.m., Tuesday, June 28, 2005, Mayor Paxton presided,
and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). Commissioner Guess was
absent (1).
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
reading of the Minutes for June 14th and June 21St, 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 Coleman, Sirk, Smith and Mayor
Paxton (4).
APPOINTMENTS
RIVER HERITAGE CENTER BOARD
Mayor Paxton made the following appointment and reappointments: "WHEREAS,
subject to the approval of the Board of Commissioners, I hereby appoint John Operle to
the River Heritage Center Board. This term will expire June 30, 2008; and
WHEREAS, subject to the approval of the Board of Commissioners, I hereby
reappoint the following individuals to the River Heritage Center Board. These terms
will expire June 30, 2008:
Guthrie Allen Tina Hayes
Jim Brockenborough Shirley Hoy
Bill Dyer
Scott Garnett
Bruce Hahn
Buc Lay
Gerry Montgomery
Don Salsbury"
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in appointing and
reappointing the following individuals to the River Heritage Center Board:
John Operle
Guthrie Allen Tina Hayes
Jim Brockenborough Shirley Hoy
Bill Dyer Buc Lay
Scott Garnett Gerry Montgomery
Bruce Hahn Don Salsbury
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
HISTORICAL AND ARCHITECTURAL REVIEW COMMISSION
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Michael D. McDowell as a member
of the Historical and Architectural Review Commission. This term will expire June 4,
2008."
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Michael D.
McDowell as a member of the Historical and Architectural Review Commission.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
BOARD OF ASSESSMENT APPEALS
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Mary Hoy as a member of the Board
of Assessment Appeals. This term will expire June 30, 2008."
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Mary Hoy as a
member of the Board of Assessment Appeals.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
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JUNE 28, 2005
PADUCAH-MCCRACKEN COUNTY SENIOR CITIZENS BOARD
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Mary Jean Grief as a member of the
Paducah -McCracken County Senior Citizens Board. This term will expire July 1,
2008."
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing Mary Jean
Grief as a member of Paducah -McCracken County Senior Citizens Board.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
MOTIONS
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the
following documents be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) Brian Womble Construction
2. Right of Way Bond:
(a) Gary Lee & Son Construction
3. Contracts/Agreements:
(a) Thermal Equipment for Purchase of HVAC Unit for Robert Cherry Civic
Center (2005-5-6971)
(b) Interlocal Cooperation Agreement for the 2025 City/County
Comprehensive Plan (2005-4-6964)
(c) Agreement with Commonwealth of Kentucky Transportation Cabinet
Department of Highways for Pecan Drive/Buckner Lane (2005-5-6974)
(d) Change Order #4 with Chester Mechanical, Inc. for Paducah Police
Department HVAC Renovation (2005-6-6979)
(e) Lease with James Marine, Inc. (M. 0. 113 9)
4. Financial Report of Jackson Purchase Local Officials Organization, Inc. for Year
Ending June 30, 2004
5. Notice of Called Meeting for the Smoking Ban Task Force on June 24, 2005
6. Petition to Remove/Lower Shrubs to Prevent Blind Spot on 8th Street at
Anderson Court
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4)•
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Smith motion, seconded by Commissioner Coleman, 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 Coleman, Sirk, Smith and Mayor Paxton
(4)•
AMEND PAYROLL TABLE 1
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 1,
CLASSIFICATIONS/ PAY SCHEDULE FOR CIVIL SERVICE," be adopted.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). M.O. 1142; BK 5; PG
ORDINANCE — EMERGENCY
RENEW RADIO SYSTEM SERVICE AGREEMENT WITH MOTOROLA
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SERVICE
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JUNE 28, 2005
AGREEMENT WITH MOTOROLA FOR FY 2005-2006." This ordinance is
summarized as follows: That the Mayor is hereby authorized and directed to execute a
service agreement with Motorola for all city -owned radios in the amount of $58,297.68.
This contract shall expire June 30, 2006.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD.#2005-6-6982; BK 30; PG
ORDINANCES - ADOPTION
ACCEPT PREMIUMS FOR WORKERS' COMPENSATION, LIABILITY
INSURANCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD. #2005-6-6983; BK 30; PG
AMEND ORDINANCE FOR HORSE DRAWN CARRIAGES
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the
Board of Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD. #2005-6-6984; BK 30; PG
AMEND EXEMPTION FOR HORSE STABLE LOCATION WITHIN CITY
LIMITS
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD. #2005-6-6985; BK 30; PG
AMEND SALARY OF CITY MANAGER TO INCLUDE 3% INCREASE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD. #2005-6-6986; BK 30; PG
AMEND LICENSE FEE (EMPLOYEE PAYROLL TAX)
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
SECTION 106-82, LICENSE FEE IMPOSED, OF CH. 106, TAXATION OF THE CODE OF
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JUNE 28, 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 17� persent
2 percent of the gross salaries, wages, commissions and other
compensation earned by such persons en- and Zafter- e :y 1, 1
b) This ordinance shall take effect on October 1, 2005, provided however,
that the employee license fee of two percent herein shall by pperation
of this ordinance alone be automatically reduced to 1'/z percent
effective October 1, 2008."
Ray McLennan, citizen, expressed opposition to the increase of the payroll tax.
Adopted on call of the roll, Commissioners Coleman, Smith and Mayor Paxton (3).
Nays, Commissioner Sirk (1). ORD. #2005-6-6987; BK 30; PG
FY2006 BUDGET
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt 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.
Stan Beauchamp, Human Rights Director, clarified the number of complaints that the
Human Rights Department has received in recent years and gave details explaining the
complaint process.
Betty Dobson and Shirlene Holland -Cooper, supporters for the Metropolitan Hotel,
requested funding in the amount of $249,000 from the City for a match for the Save
America's Treasure Grant that was received to help renovate the hotel. This match can
be in-kind services or cash. —The Mayor asked the City Manager to schedule a meeting
with him, the supporters, the City Manager, Tom Barnett and Steve Ervin to discuss the
request.
At this time the Mayor called for the vote.
Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton
(4). ORD. #2005-6-6988; BK 30; PG
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JUNE 28, 2005
ORDINANCES — INTRODUCTION
REPEAL ORDINANCE TO SELL PADUCAH WATER WORKS PROPERTY
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
RESCINDING AUTHORIZATION FOR THE SALE OF MUNICIPALLY OWNED
REAL PROPERTY HELD FOR THE USE AND BENEFIT OF THE PADUCAH
WATER WORKS." This ordinance is summarized as follows: That the Board of
Commissioner hereby rescinds Ordinance 2005-4-6955, passed on April 26, 2005,
which authorized the sale of certain municipally owned real property held for the use
and benefit of Paducah Water Works.
AMEND ORDINANCE FOR CONTRACT FOR COMPREHENSIVE PLAN
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING
ORDINANCE 2005-4-6965 ENTITLED, `AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF
THE 2025 COMPREHENSIVE PLAN UPDATE'." This ordinance is summarized as
follows: Amending the ordinance that authorizes a contract between the City, County
and Lane Kendig, Inc., for professional planning services for the development of the
2025 Comprehensive Plan Update to reflect the total contract price of $100,000, not just
the City's portion of $50,000 and upon invoice the County will reimburse the City.
REVISED PARKING ENFORCEMENT ORDINANCE
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance as follows: AN ORDINANCE
AMENDING CHAPTER 110, TRAFFIC AND VEHICLES, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 110-183, Parking Violation Notice, of
Chapter 110, Traffic and Vehicles, of the Code of Ordinances is hereby amended to read
as follows:
"Sec. 110-183. Parking Violation Notice.
(a) If any motor vehicle is found parked, standing or stopped in
violation of any provision of this article, the vehicle shall be cited for the appropriate
parking violation. The citing officer shall note the vehicle's registration number and
any other information concerning the vehicle which will identify it and, if the driver is
not present, shall conspicuously affix to the vehicle a notice of the parking violation.
(b) The form of the notice of the parking violation shall contain the
following information:
(1) A statement that the notice represents a determination that
a parking violation has been committed by the owner of
the vehicle and that the determination shall be final unless
contested as provided in Section 110-184 of the Paducah
Code of Ordinances;
(2) A statement that a parking violation may result in
impoundment of the vehicle for which the owner may be
liable for a fine and towing, handling and storage charges
or fees;
(3) A statement of the specific parking violation for which the
citation was issued;
(4) A statement of the monetary penalty established for the
parking violation, as described below:
Parking Fine Parking Violation
15 Overtime
$25 No Parking Zone
$50 Fire Hydrant
$75 Handicapped
$25 Fire Lane
$25 Other
$25 Disabled/Abandoned
$25 Alley
$25 Driveway
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JUNE 28, 2005
$25 Wrong Side
$25 Parking Double
(5) And, a statement of the options for responding to the
notice and the procedures necessary to exercise these
options.
SECTION 2. That Section 110-184, Challenges to Validity of Parking
Violation Notice, of Chapter 110, Traffic and Vehicles, of the Code of Ordinances is
hereby amended to read as follows:
Section 110-184. Challenges to Validity of Parking Violation Notice.
(a) Any person who receives notice of a parking violation shall
respond to such notice as provided in this section within seven days of the date of the
notice, by paying the fine set forth in the notice, requesting in writing the Chief of
Police to agree to void or amend the notice, or requesting a hearing, as provided herein.
(b) If the owner of a vehicle cited for a parking violation has not
responded to the notice within seven days, a second notice shall be sent to the registered
owner by certified mail. Such notice shall state that if a hearing is not requested within
seven days of the date of the second notice, the owner shall be deemed to have waived
his right to a hearing and the determination that a violation was committed shall be
considered final. The registered owner of the vehicle at the time the violation occurred
shall be liable for all fines, fees and penalties.
(c) If the owner of the vehicle cited for a parking violation requests a
hearing before the Hearing Board in writing, such hearing shall be held no later than 14
days from the date of receipt of the request, unless an extension is requested by the
owner of the vehicle, not to exceed 14 days. The owner of the vehicle shall be notified
no less than seven days prior to the date of the hearing of the date, time, and place.
Failure to appear at the hearing will be deemed a waiver of the person's right to a
hearing.
(d) At the hearing, the Hearing Board may consider the parking
citation and any other written report made under oath by the officer who issued the
citation in lieu of an officer's personal appearance at the hearing. After consideration of
the evidence, the Hearing Board shall determine whether a violation was committed.
Where it has not been established that the violation was committed, an order dismissing
the citation shall be entered. Where it has been established that a violation was
committed, the Board shall uphold the citation and order the owner to pay the citation
within seven days. A $25 administrative hearing fee will be added to the amount of the
original fine if the Board upholds the citation. A copy of such order shall be furnished
to the owner. If the fine amount plus the administrative hearing fee is not received
within seven days of the hearing date, a $15 late fee shall be added to the original fine
amount. Failure to pay the fine(s) within an additional seven days may result in a
summons being issued in the name of the registered owner of the vehicle, requiring the
owner to appear in McCracken County District Court.
(e) An appeal from the Hearing Board's determination may be made
to the McCracken District Court within seven days of the Board's determination."
ACCEPT 2005 JUSTICE ASSISTANCE GRANT AWARD
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE CITY TO OBTAIN AN ONLINE JUSTICE ASSISTANCE
GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE
POLICE DEPARTMENT." This ordinance is summarized as follows: The City is
hereby authorized and directed to obtain an online Justice Assistance Grant through the
U.S. Department of Justice in the amount of $31,430 for use by the Police Department
for the purchase of digital type in -car cameras.
AMEND ORDINANCE TO EXCLUDE GROSS RECEIPTS FROM
INTERSTATE COMMERCE
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING
SECTION 106-61 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY." This ordinance is summarized as follows: Amend Section 106-61,
Definitions, of Chapter 106, Taxation, to exclude gross receipts which are solely
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JUNE 28, 2005
attributable to any activity performed outside of the City which would be defined as an
activity in interstate commerce
AMEND ORDINANCE FOR FLEA MARKT & BOOTH BUSINESSES
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance as set out in full as follows:
"AN ORDINANCE AMENDING SECTION 106-119 OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY."
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
That Section 106-119 is hereby amended to read as follows:
Sec. 106-119. Flea Markets.
(a) Any person engaging in the business of operating a flea market,
or any business by any other name except trade shows, which is
conducted by leasing or renting booths or space to two or more
individuals on a day-to-day, week -to -week or month-to-month
basis, shall pay an annual license tax under schedule D of section
106-101; provided, however, that the minimum annual license tax
shall be $75.00. Any person renting a booth_ or space in the flea
market must also secure a separate business license under Section
106-147, provided, however, that the minimum license tax shall
be $75.00.
CREATE A GENERAL CLASSIFICATION FOR BUSINESS LICENSE
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the
Board of Commissioners introduce an ordinance as set out in full as follows:
"AN ORDINANCE RELATING TO A BUSINESS LICENSE FOR A
BUSINESS NOT ENUMERATED IN OR COVERED BY OTHER SECTIONS OF
CHAPTER 106, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY."
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY
That a new section shall be added under Section, 106, Division 11, Tax
schedules of the Paducah Code of Ordinances as follows:
"Sec. 106-159. `General Classification'
Any person engaging in a business not enumerated in or covered by other
sections of this article shall pay an annual license tax under Schedule D of section 106-
101; provided, however, the minimum license tax of any such person shall be $75.00.
This section shall apply to any person engaging in or transacting any permanent or any
temporary or transient business in the City."
CITY MANAGER REPORT
• Mark Thompson, Parks Services Director, reminded everyone of the expanded
activities for the July 4th Annual Fireworks event at the riverfront. Activities
will begin at 5:00 p.m., fireworks will start at 9:00 p.m..
• Calendar Items
• Request to cancel workshop scheduled for July 5th due to only one item being
listed on the agenda.
• Request an executive session for an update on specific personnel issues.
COMMISSIONER CONCERNS
Commissioner Sirk gave an update for the Waterfront Development Committee.
Commissioner Sirk and Rick Murphy, City Engineer, had a meeting with staff members
of the Department of Fish and Wildlife to discuss the placement of a boat ramp along
the riverfront area. The Department of Fish and Wildlife offers grants for such projects.
Commissioner Sirk will continue to update the Commission on the progress of the
Waterfront Committee.
Commissioner Smith asked if there is a solution to the problem of drop-offs at the end
of the ramp in the area of the riverfront where people put their boats in the water. If so,
he would like to see improvement.
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JUNE 28, 2005
EXECUTIVE SESSION
Commissioner Sirk offered motion, seconded by Commissioner Smith, 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 Coleman, Sirk, Smith and Mayor
Paxton (4).
Upon motion the meeting adjourned.
ADOPTED: July /-.2 , 2005
City Clerk