HomeMy WebLinkAbout07/12/05JULY 12, 2005
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City
Hall at 6:00 p.m., Tuesday, July 12, 2005, Mayor Paxton presided, and upon call of the roll by the
City Clerk, the following answered to their names: Commissioners Coleman, Guess, Sirk, Smith
and Mayor Paxton (5).
PRESENTATION
HUD HOME OWNERSHIP PROGRAM
Danny Fugate, Section 8 Administrator, introduced Sonja Redmond. She is the Coordinator of the
Home Ownership activities handled through the Louisville HUD Office. Ms. Redmond reported
that HUD's initiative for home ownership in the Paducah area is being carried out by the Paducah
Housing Authority and Section 8. The participants in the program will have training for people to
understand what it takes to be a homeowner and what responsibilities are involved. This home
ownership program is helping to create wealth for low to moderate -income families and to create
communities within communities.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the
Minutes for June 28th, 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, Guess, Sirk, Smith and Mayor Paxton
(5).
APPOINTMENTS
PADUCAH-MCCRACKEN COUNTY TELECOMMUNICATIONS & INFORMATION
AUTHORITY
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the
Board of Commissioners, and jointly with the McCracken County Judge/Executive, I hereby
appoint John D. Vos as a member of the Paducah -McCracken County Telecommunications &
Information Authority to replace Rudy Rodgers whose term has expired. This term will expire
August 31, 2008."
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners approve the action of Mayor Paxton and jointly with the McCracken County
Judge/Executive in appointing John D. Vos as a member of the Paducah -McCracken County
Telecommunications & Information Authority.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton
(5).
PADUCAH MAIN STREET BOARD OF DIRECTORS
Mayor Paxton made the following appointment and reappointments: "WHEREAS, subject to the
approval of the Board of Commissioners, I hereby appoint Susan Ybarzabal as a member of the
Paducah Main Street Board of Directors to replace Judy Bastani whose term has expired. This
term will expire March 1, 2008; and
WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Chris
McNeill and Barbara Allen as members of the Paducah Main Street Board of Directors which
terms will expire March 1, 2008."
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Susan Ybarzabal and
reappointing Chris McNeill and Barbara Allen as members of the Paducah Main Street Board of
Directors.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton
(5).
RESOLUTION
SUPPORT OF NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
Mayor Paxton offered motion, seconded by Commissioner Guess, that a Resolution entitled, "A
RESOLUTION SUPPORTING THE DESIGNATION OF THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN THE CITY OF PADUCAH, KENTUCKY," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton
(5)•
583
JULY 12, 2005
MOTIONS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following
documents be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) H & G Construction Company
(b) Tri-State Irrigation d/b/a Wesley Gibbs
2. Contracts/Agreements:
(a) Agreement to Employ Cindy Medford as Paducah Director of Risk Management
(2005-6-6976)
(b) Motorola Service Agreement for all City -Owned Radios (2005-6-6982)
(c) Agreement with Commonwealth of Kentucky Transportation Cabinet Department
of Highways for Olivet Church Road Left Turn Lane (2005-6-6977)
3. Notice of Cancellation for the Board of Commissioners Regularly Scheduled Meeting of
July 5, 2005
4. Financial Highlights of Paducah Water Works for May 2005
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Sirk offered motion, seconded by Commissioner Smith, 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). Nays,
Commissioner Coleman (1).
ORDINANCES - ADOPTION
REPEAL ORDINANCE TO SELL PADUCAH WATER WORKS PROPERTY
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt 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 Commissioners 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.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD.#2005-7-6989; BK 30; PG
AMEND ORDINANCE FOR CONTRACT FOR COMPREHENSIVE PLAN
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD.#2005-7-6990; BK 30; PG
REVISED PARKING ENFORCEMENT ORDINANCE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners adopt 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
584
JULY 12, 2005
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
$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.
585
JULY 12, 2005
(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."
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD. #2005-7-6991; BK 30; PG
ACCEPT 2005 JUSTICE ASSISTANCE GRANT AWARD
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD.#2005-7-6992; BK 30; PG
AMEND ORDINANCE TO EXCLUDE GROSS RECEIPTS FROM INTERSTATE
COMMERCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt 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 attributable to any activity performed outside
of the City which would be defined as an activity in interstate commerce.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD.#2005-7-6993; BK 30; PG
AMEND ORDINANCE FOR FLEA MARKET & BOOTH BUSINESSES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt 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.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD. #2005-7-6994; BK 30; PG
CREATE A GENERAL CLASSIFICATION FOR BUSINESS LICENSE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners adopt 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 II, 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,
JULY 12, 2005
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."
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ORD. #2005-7-6995; BK 30; PG
CITY MANAGER REPORT
• Calendar Items
• Requested a brief executive session for economic development update.
• Introduced Nick James as the new intern for the City Manager's office.
COMMISSIONER CONCERNS
Commissioner Guess:
Whitney Drive — Person made a complaint about some shrubs being dangerous to drivers.
Intersection at Pines Road and Buckner Lane is dangerous. There are no markings of where to turn
onto Pines Road. Can anything be done to make this safer?
Commissioner Coleman:
The pothole in front of Rev. Harvey's residence has still not been fixed.
Another concern mentioned was signs on utility poles.
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board go into
closed session for discussion of matters pertaining to the following topics:
• A specific proposal by a business entity where public discussion of the subject matter
would jeopardize the location, retention, expansion or upgrading of a business entity, as
permitted by KRS 61.810(1)(g).
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton
(5).
Upon motion the meeting adjourned.
ADOPTED: July ole , 2005
City Clerk
Im
W