HomeMy WebLinkAbout11/09/04465
NOVEMBER 9, 2004
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, November 9, 2004, Mayor Paxton presided, and upon
call of the roll by the City Clerk, the following answered to their names: Commissioners
Coleman, Guess, Montgomery, Smith and Mayor Paxton (5).
REPORT FOR LEAF PICK-UP
Public Works Director Earnie Via reported on the progress of leaf pickup within the City
limits.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
reading of the Minutes for October 25 and 26, 2004, be waived and that the Minutes of
said meetings prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS & BIDS
Commissioner Guess offered motion, seconded by Commissioner Smith, that the
following documents and bids be received and filed:
DOCUMENTS
1. Contracts/Agreements:
(a) Certificate of Substantial Completion from Brandstetter Carroll, Inc. for
Paducah Parks Phase I completed by Wilkins Construction
(b) Paducah Concert Band Contract for Specific Services through June 30,
2005
2. Notice of Cancellation for November 2, 2004 Commission Meeting
3. Police and Firefighters Pension Fund Valuation as of July 1, 2004
4. Paducah Water Works Financial Highlights for September 30, 2004
BIDS
PUBLIC WORKS/SOLID WASTE DIVISION
CONTAINER CARRIER & CHASSIS
1. Paducah Ford
2. Duckett Truck Center
3. Stringfellow
4. CMI Equipment
PUBLIC WORKS/GROUNDS DIVISION
COMMERCIAL GRADE MOWERS
1. Richards Small Engines
2. CFI
3.
CFI (They quoted two separate models)
4.
Rasche Cycle Company
PUBLIC WORKS/CITY HALL HVAC
COOLING TOWER REPLACEMENT & HVAC CONTROL UPGRADE
1.
Tilford Contractors, Inc.
2.
Chester Mechanical, Inc.
3.
Triangle Enterprises
4.
Preferred Industries
5.
Swift & Staley Mechanical
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Montgomery 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, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
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NOVEMBER 9, 2004
ORDINANCES — ADOPTION
CREATE LOCAL AIR BOARD
Commissioner Smith offered motion, seconded by Commissioner Montgomery,
that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
CREATING AND ESTABLISHING AN ENTITY TO BE KNOWN AS THE
BARKLEY REGIONAL AIRPORT BOARD; PROVIDING FOR THE
APPOINTMENT OF MEMBERS; AND SETTING FORTH THE POWERS,
FUNCTIONS AND DUTIES OF SAID AIRPORT BOARD." This ordinance is
summarized as follows: The City of Paducah hereby creates and establishes the Barkley
Regional Airport Board which shall have all the powers, functions and duties authorized'
by the Local Air Board Act, KRS 183.132, et seq.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6883; BK 30; PG
TRANSFER ASSETS TO NEW LOCAL AIR BOARD
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND APPROVING THE TRANSFER OF REAL PROPERTY,
PERSONAL PROPERTY AND OTHER ASSETS FROM CITY OF PADUCAH,
KENTUCKY, TO BARKLEY REGIONAL AIRPORT BOARD." This ordinance is
summarized as follows: This ordinance transfers real property, personal property, and
other assets currently utilized by the Paducah Airport Corporation, Inc., to the newly
created and established joint city/county Barkley Regional Airport Board, and authorizes
the Mayor to execute all documents necessary to convey such transfer.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6884; BK 30; PG
POLICE HVAC CONTRACT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF CHESTER MECHANICAL, INC., FOR HVAC RENOVATIONS AT
THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows:
The City of Paducah accepts the bid of Chester Mechanical, Inc., in the amount of
$411,560.00 for HVAC renovations at the Paducah Police Department and authorizes the
Mayor to execute a contract for same.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6885; BK 30; PG
ENVIRONMENTAL ABATEMENT OF POLICE DEPT. MECHANICAL ROOM
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF THOMAS ENVIRONMENTAL FOR ENVIRONMENTAL
ABATEMENT AT THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is
summarized as follows: The City of Paducah accepts the bid of Thomas Environmental
in the amount of $22,086.89, for environmental abatement of the mechanical room at the
Paducah Police Department, and authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6886; BK 30; PG
PURCHASE VEHICLES FOR VARIOUS DEPARTMENTS
Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BIDS OF PADUCAH FORD IN THE TOTAL AMOUNT OF $104,635.00, FOR
SALE TO THE CITY OF VEHICLES FOR USE BY VARIOUS DEPARTMENTS,
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME."
This ordinance is summarized as follows: The City of Paducah accepts the bids of
Paducah Ford for sale to the City of two 3/4 ton gas super cab 4 wheel drive pickup trucks
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NOVEMBER 9, 2004
in the amount of $44,698.00, one one -ton crew cab dump truck in the amount of
$39,950.00, and one 3/4 ton gas crew cab 2 wheel drive pickup truck in the amount of
$19,987.00 for use by the Public Works Department, and authorizes the Mayor to execute
a contract for same.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6887; BK 30; PG
AMEND GIS INTERLOCAL AGREEMENT TO INCLUDE JSA AS FULL
PARTNER
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
AN ADDENDUM TO AGREEMENT TO ESTABLISH PADUCAH/McCRACKEN
COUNTY GEOGRAPHIC INFORMATION SYSTEM TO INCLUDE
PADUCAH/McCRACKEN COUNTY E-911 EMERGENCY COMMUNICATION
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND
APPROVING AN ADDENDUM TO AGREEMENT TO ESTABLISH
PADUCAH/McCRACKEN COUNTY GEOGRAPHIC INFORMATION SYSTEM TO
ADD AND INCLUDE PADUCAH/McCRACKEN COUNTY JOINT SEWER
AGENCY AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This
ordinance is summarized as follows: The City of Paducah hereby approves addendums to
Agreement to Establish Paducah/McCracken County Geographic Information System to
include Paducah/McCracken County E-911 Emergency Communication Services and
Paducah/McCracken County Joint Sewer Agency and authorizes the Mayor to execute
same.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6888; BK 30; PG
REVISE NOISE ORDINANCE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
ARTICLE IV. NOISE OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY". This ordinance is summarized as follows: The City of
Paducah has amended its ordinance regulating uncontrolled noise within the City of
Paducah. The ordinance maintains the restriction on prohibited noises, although some
sound levels were lowered. The ordinance removed the time restrictions regarding
enforcement. The ordinance also establishes temporary "Quiet Zones," which are areas
to be determined by the Traffic Commission. Any area designated a "Quiet Zone" will
have a sign posted to alert those passing by.
The ordinance eliminates the hardship permit and establishes a special
variance procedure, which allows a person to seek a variance from the noise prohibitions
and noise level restrictions by filing an application with the City Manager thirty (30) days
prior to the date on which the special variance is to be effective.
As required by KRS 83A.060, the following Section 8 of the Ordinance is set
forth in its entirety:
The provisions of this article shall be enforced in the same manner as
other violations of the City Code of Ordinances. Any person violating any of the
provisions of this article shall be deemed guilty of a Class B misdemeanor, and upon
conviction thereof, shall receive a fine not to exceed $250.00 or a jail sentence not to
exceed ninety (90) days, for each offense. Each day that such violation continues shall
constitute a separate offense. This article and the foregoing penalties shall not be
construed to limit or deny the right of the City or any person to such equitable legal
remedies as may be available by law.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2004-11-6889; BK 30; PG
ORDINANCES — INTRODUCTION
EDUCATIONAL DEVELOPMENT REVENUE BONDS FOR PADUCAH
JUNIOR COLLEGE REAL ESTATE PURCHASE
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE
CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING
.411.;.
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NOVEMBER 9, 2004
AND PROVIDING FOR THE ISSUANCE OF THE CITY OF PADUCAH,
KENTUCKY EDUCATIONAL DEVELOPMENT REVENUE BONDS (PADUCAH
COLLEGE PROJECT), SERIES 2004, IN THE PRINCIPAL AMOUNT OF $900,000."
This ordinance is summarized as follows:
A. Authorizes and approves the issuance of the City of Paducah,
Kentucky Educational Development Revenue Bonds (Paducah College Project) Series
2004, in the aggregate principal amount of $900,000 (the "Bonds") for the purpose of
acquiring, constructing and equipping a "building" project to be constructed on a site that
has been and will continue to be used and occupied by the College as part of its existing
educational facilities, and for uses incidental thereto (the "Project") in Paducah,.
Kentucky.
B. Authorizes and approves the execution of (1) a Loan Agreement
(the "Loan Agreement"), whereby the proceeds of the Bonds will be used by Paducah
Junior College, Inc., a Kentucky non-profit corporation (the "College") or leased to the
West Kentucky Community and Technical College, and whereby the Bonds will be
retired from loan payments to be received from the College, and a lien against the
College's facilities has been granted as security for such Bonds, as set forth in KRS
103.200 through 103.286, inclusive; (2) a Trust Indenture from the City to Union Planters
Bank, Paducah, Kentucky (the "Bank"), whereby the Bonds will be secured by a
foreclosable mortgage lien on the Project, including an assignment by the City to the
Trustee of all rights of the City in and to the Loan Agreement; and (3) a Bond Purchase
Agreement setting forth the terms of the public offering and sale of the Bonds.
C. Provides that the maximum amount of Bonds which may be
outstanding at any one time shall be $900,000.
D. Authorizes the Mayor and other City officials to take any other
necessary action, including executing the appropriate arbitrage certifications, to effect the
issuance and delivery of the Bonds.
E. Provides that the Bonds will not be a general obligation of the
City, but will be payable solely out of the revenues and proceeds of the Project, including
loan payments received under the Loan Agreement.
LOAN GUARANTEE FOR INFORMATION AGE PARK SPECULATIVE
BUILDING
Commissioner Smith offered motion, seconded by Commissioner Montgomery that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE
CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING
THE EXECUTION OF A FINANCING AGREEMENT WITH THE PADUCAH-
McCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY;
AUTHORIZING THE EXECUTION OF ANY OTHER INSTRUMENTS NECESSARY
TO CARRY OUT A PLAN OF REFINANCING CERTAIN OBLIGATIONS OF THE
AUTHORITY AND THE COST OF FINANCING THE RENOVATION OF THE
AUTHORITY'S ECONOMIC DEVELOPMENT FACILITY". This ordinance is
summarized as follows:
A. Authorizes the Paducah -McCracken County Industrial Development
Authority (the "IDA") to proceed as an agency of the City and the County of McCracken
(the "County") under a plan of financing to issue up $700,000 principal amount of its
Notes (the "Notes"), for the purpose of refinancing certain outstanding debt obligations of
the IDA and the Greater Paducah Economic Development Corporation ("GPEDC") [the
"Refunding Program"] and in financing the renovation of the IDA's economic
development facility (the "Facility") located in the Paducah Information Age Park
(hereinafter the Refunding Program and the renovation of the Facility shall be
collectively referred to as the "Project").
B. Authorizes the Mayor and the City Clerk to execute a Financing
Agreement by and among the IDA, the County and the City and to execute all necessary
documents, instruments and obligations of the City in order to aid the IDA in financing
the Project.
C. Sets forth the intention of the City Commission to renew the Financing
Agreement and to provide appropriations specified in said Financing Agreement until all
of the Notes have been retired.
D. Authorizes the Mayor and the City Clerk to execute a First
Amendment to Contract for Services (the "Amended Service Contract") between the City
and Purchase Partnership for Progress.
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NOVEMBER 9, 2004
E. Specifically approves a Mortgage Deed of Trust from the IDA to The
Paducah Bank and Trust Company, Paducah, Kentucky, and approves the execution of
any supplemental or amended mortgages in connection therewith as may be deemed
appropriate in order to carry out the plan of financing contemplated for the Project
CLOSURE OF A PORTION OF KENTUCKY AVENUE FROM SOUTH 27TH
STREET TO SOUTH 28' STREET
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled "AN ORDINANCE
{ PROVIDING FOR THE CLOSING OF A PORTION OF KENTUCKY AVENUE
BETWEEN SOUTH 27TH STREET AND SOUTH 28TH STREET". This ordinance is
summarized as follows: Closing a portion of Kentucky Avenue between South 27th
Street and South 28th Street and authorizing, empowering and directing the Mayor to
execute a quitclaim deed from the City to the property owners in or abutting the public
way to be closed.
PURCHASE MOWERS FOR GROUNDS MAINTENANCE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID FOR SALE TO THE CITY OF COMMERCIAL GRADE
MOWERS FOR USE BY THE PUBLIC WORKS DEPARTMENT/ GROUNDS
DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid
of Richards' Small Engines, in the amount of $23,788.00, for sale to the City of four
commercial grade mowers, for use by the Public Works Department/Grounds Division,
and authorizing the Mayor to execute a contract for same.
PURCHASE CONTAINER CARRIER & CHASSIS FOR SOLID WASTE
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID FOR SALE TO THE CITY OF A CONTAINER CARRIER
AND CHASSIS FOR USE BY THE SOLID WASTE DIVISION/PUBLIC WORKS
DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts
the bid of Paducah Ford, Inc., in the amount of $53,541.00, for sale to the City of a
container carrier and chassis, for use by the Solid Waste Division/Public Works
Department, and authorizes the Mayor to execute a contract for same.
AUTHORIZE CONTRACT FOR HVAC UPGRADE FOR CITY HALL
Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID FOR THE PADUCAH CITY HALL HVAC IMPROVEMENT
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid
of Swift and Staley Mechanical Contractors, Inc., in the amount of $169,000.00 for the
Paducah City Hall HVAC Improvement Project, and authorizes the Mayor to execute a
contract for same.
FUEL CONTRACT RENEWAL
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT RENEWAL WITH
WAGNER WHOLESALE, L.L.C., D.B.A. SMOKE SHOP FOR THE CITY'S FUEL
SUPPLY." This ordinance is summarized as follows: The Mayor is hereby authorized to
execute a contract renewal for a period of one (1) year with Wagner Wholesale, L.L.C.,
D.B.A. Smoke Shop for its supply of 89 octane unleaded gasoline, premium gasoline and
#2 diesel fuel at OPIS (Oil Price Information Service) price plus $.09 per gallon.
CITY MANAGER REPORT
Calendar Items
• Commissioner Montgomery requested that instead of rescheduling the November
16th meeting to November 15th to keep it on the 16th but begin at 4:30 p.m.
Commission concurred.
• November 29th is the date set for the Commission Advance.
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NOVEMBER 9, 2004
• Ken Wheeler received the "2004 Governor's Economic Development Leadership
Award".
• The City has received the ISO response report giving the City a grade of a Class
4. (The City Manager, Fire Chief and staff will review report to determine the
steps to take to increase the rating.)
COMMISSIONER CONCERNS
Commissioner Coleman had the following concerns:
• Tractor trailers being parked bordering the Paducah Housing Authority housing
project on North 7th Street.
• Response time for Paducah's, Dial -A -Ride, service that is offered by Paducah
Area Transit Sytem.
The City Manager requested an Executive Session to discuss economic development.
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:
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, Montgomery, Smith
and Mayor Paxton (5).
Upon motion the meeting adjourned.
ADOPTED: November 3 , 2004
City Clerk