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HomeMy WebLinkAbout12/09/03DECEMBER 9, 2003 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 16, 2003, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). Commissioner Coleman was absent (1). Mayor Paxton thanked everyone involved with the success of the Christmas Parade. He thanked Ro Morse for the work she did in getting downtown ready for the parade. R & F CALLED MEETING NOTICE Commissioner Guess offered motion, seconded by Commissioner Smith, that the Notice of Called Meeting of the Board of Commissioners of the City of Paducah for 4:30 p.m., Tuesday, December 9, 2003, be received and filed. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith, and Mayor Paxton (4). SUSPEND ORDER OF BUSINESS Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith, and Mayor Paxton (4). MINUTES Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the reading of the Minutes for November 25, 2003, 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, Montgomery, Smith and Mayor Paxton (4). APPOINTMENTS PADUCAH-McCRACKEN COUNTY SENIOR CITIZENS BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Mary Jean Grief as a member of the Paducah -McCracken County Senior Citizens Board to replace Bernice Belt, who has resigned. This term will expire July 1, 2005." Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners approve the action of Mayor Paxton in appointing Mary Jean Grief as a member of Paducah -McCracken County Senior Citizens Board. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ELECTRIC PLANT BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Raymond E. McLennan as a member of the Electric Plant Board. This term will expire February 6, 2008." Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Raymond E. McLennan as a member of the Electric Plant Board. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). MOTIONS R & F DOCUMENTS AND BID Commissioner Guess offered motion, seconded by Commissioner Smith, that the following documents and bid be received and filed: DOCUMENTS: e DECEMBER 9, 2003 1. Memorandum of Understanding between Coca-Cola Enterprises Inc. and Paducah/McCracken Industrial Development Authority 2. Change Order #1 with Jim Smith Contracting Co., LLC for Lowertown Infrastructure Improvements in regards to the Street Resurfacing Program (Ord. No. 2003-9-6715) 3. Amendment to Agreement with Kentucky Transportation Cabinet for Sidewalks and Other Streetscape Improvements (Ord. No. 2003-9-6695) 4. Paducah Police Department Annual Report 2002 5. Cancellation Notice for December 2, 2003 Meeting of the Board of Commissioners BIDS: 1237 PARK AVE 1. Vernon Gary Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Montgomery motion, seconded by Commissioner Smith, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah orders that the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ADOPT TABLE 2, CLASSIFICATION/PAY SCHEDULE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a municipal order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/PAY SCHEDULE FOR NON -CIVIL SERVICE, POLICE AND FIRE," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). M.O. #1025; BK 5; PG _50 ORDINANCE — THE GROVE ANNEXATION APPROVE ORIGINAL ANNEXATION OF THE GROVE SUBDIVISION Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Finalizing the annexation of a tract of property adjacent to the present city limits, located adjacent to U.S. Highway 62, containing 46.3 acres more or less. MOTION TO TABLE — ORIGINAL ANNEXATION OF THE GROVE SUBDIVISION Commissioner Montgomery offered motion, seconded by Commissioner Smith, that an ordinance introduced on November 25, 2003, and entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS," be tabled. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). NE DECEMBER 9, 2003 300 ORDINANCE – EMERGENCY REVISED ANNEXATION OF THE GROVE SUBDIVISION Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Finalizing the annexation of a tract of property adjacent to the present city limits, located adjacent to U.S. Highway 62, containing 28.5 acres more or less. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6727; BK 29; PG & 1 - ORDINANCES – EMERGENCY RENEWAL LEASE AGREEMENT FOR DEPT. OF CORRECTIONS PROBATION/PAROLE Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioner introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LEASE RENEWAL AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY, DEPARTMENT FOR FACILITIES MANAGEMENT, DIVISION OF REAL PROPERTIES AND THE CITY OF PADUCAH FOR LEASE OF PROPERTY FOR THE DEPARTMENT OF CORRECTIONS PROBATION/PAROLE." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a Lease Renewal Agreement for the sum of $3,255.46 per month between Commonwealth of Kentucky, Department for Facilities Management, Division of Real Properties and the City of Paducah, Kentucky. This agreement is for the Department of Corrections Probation/Parole's rental of office space located at 400 South 6t' Street. The term of this II lease shall be effective July 1, 2004, and shall expire June 30, 2012. C11 Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6728; BK 29; PG 4 1S RENEWAL LEASE AGREEMENT FOR DEPT. OF JUVENILE JUSTICE Commissioner Montgomery 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 LEASE RENEWAL AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY, DEPARTMENT FOR FACILITIES MANAGEMENT, DIVISION OF REAL PROPERTIES AND THE CITY OF PADUCAH FOR LEASE OF PROPERTY FOR THE DEPARTMENT OF JUVENILE JUSTICE." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a Lease Renewal Agreement for the sum of $3,017.79 per month between Commonwealth of Kentucky, Department for Facilities Management, Division of Real Properties and the City of Paducah, Kentucky. This agreement is for the Department of Juvenile Justice's rental of office space located at 400 South 60' Street. The term of this lease shall be effective July 1, 2004, and shall expire June 30, 2012. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6729; BK 29; PG APPROVE IAFF CONTRACT ADDENDUM Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ADDENDUM NO. 1 TO THE CONTRACT BETWEEN THE CITY OF PADUCAH AND THE PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute Addendum No. 1 to the contract between the City of Paducah and the Professional Fire Fighters of Paducah, Local 168 International Association of Fire Fighters. i" 301 DECEMBER 9, 2003 Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6730; BK 29; PG &,1Z FOUR RIVERS CENTER MORTGAGE TO U.S. BANK FOR GAP FINANCING Commissioner Guess 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 CONSENT AND MORTGAGE AGREEMENT WITH U. S. BANK, N.A." This ordinance is summarized as follows: The City Commission does hereby approve a mortgage against the leasehold with regard to the lease which was executed by and between the City and the Four Rivers Center and a mortgage against the real property upon which the Four Rivers Center is located, all of which shall serve as security for the loan extended by U.S. Bank to the Four Rivers Center in the amount of Six Million Five Hundred Thousand Dollars ($6,500,000.00). The Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute any loan document which is necessary to effectuate same, including but not limited to the consent of any leasehold mortgage or collateral assignment of lease and the execution of any mortgage agreement against the real property upon which the Four Rivers Center is located. Any act so taken by the Mayor of the City of Paducah, Kentucky, in accordance with this resolution shall be deemed for and in behalf of the City of Paducah. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6731; BK 29; PG & ( $r ORDINANCES — ADOPTION PURCHASE TRUCK FOR BOMB SQUAD Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING A BID FOR SALE TO THE CITY OF ONE 1997 FORD F-350 CREW CAB TRUCK FOR USE BY THE 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 Southern Truck Brokers, Inc., in the amount of $13,500.00, for sale to the City of one 1997 Ford F-350 Crew Cab Truck for use by the Police Department's Bomb Squad. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6732; BK 29; PG &2-0 ANNEXATION AGREEMENT FOR THE GROVE SUBDIVISION Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ANNEXATION AGREEMENT WITH CHD GROUP, LLC." This ordinance is summarized as follows: The City Commission hereby approves the annexation agreement between the City and CHD Group, LLC, and authorizes the Mayor to execute aforesaid annexation agreement. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6733; BK 29; PG 49,2. 1 EAST MALL ACCESS ROAD SETTLEMENT AGREEMENT Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH KENTUCKY OAKS MALL COMPANY AND WAREHOUSE, INC., FOR ACQUISITION OF RIGHT OF WAY FOR THE EAST MALL ACCESS ROAD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute the Settlement Agreement and Release of Claims and all other documents relating to same for the acquisition of right of way for the East Mall Access Road. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6734; BK 29; PG 302 DECEMBER 9, 2003 APPROVE AGREEMENT REGARDING JORDAN DRIVE Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH KENTUCKY OAKS MALL COMPANY FOR ACQUISITION OF RIGHT OF WAY FOR JORDAN DRIVE." This ordinance is summarized as follows: The Mayor is hereby authorized by the City of Paducah to execute the Settlement Agreement and Release of Claims and all other documents relating to same for the acquisition of right of way from Kentucky Oaks Mall Company for the continuation of Jordan Drive. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6735; BK 29; PG _,3 AUTHORIZE CONTRACT FOR ENGINEERING INSPECTION SERVICES FOR PECAN DRIVE BRIDGE CONSTRUCTION PROJECT Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 2 WITH FLORENCE & HUTCHESON, INC., FOR THE PECAN DRIVE BRIDGE CONSTRUCTION PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 2 for an increase in the amount of $21,500.00 with Florence & Hutcheson, Inc., for construction observation services of the Pecan Drive Bridge and to finalize the project, increasing the total cost to $334,579.00. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6736; BK 29; PG 4 a 5L ALLEY CLOSINGS LOCATED ADJACENT TO 1201 SOUTH 8TH STREET Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF TWO ALLEYS LOCATED ADJACENT TO 1201 SOUTH EIGHTH STREET." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closing of a portion of two alleys located adjacent to 1201 South Eighth 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 ways to be closed. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD. #2003-12-6737; BK 29; PG &,R 5 ORDINANCES — INTRODUCTION SALE OF 1237 PARK AVENUE TO VERNON E. GARY Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF VERNON E. GARY FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 1237 PARK AVENUE IN PADUCAH McCRACKEN COUNTY, KENTUCKY". This ordinance is summarized as follows: Accept bid of Vernon E. Gary in the amount of $500 plus costs for 1237 Park Avenue and authorizing the Mayor to execute a deed and any other documents necessary for the sale of the property. ACQUISITION OF PERMANENT RIGHT OF WAY FOR THE PECAN DRIVE ROADWAY IMPROVEMENT PROJECT (1) 3925 HANSEN ROAD — Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 3925 HANSEN ROAD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance between the City of Paducah and Thomas B. Adams, and his wife, Jean C. Adams for acquisition of a portion of property (0.2595 acres) located at 3925 Hansen Road for the Pecan Drive/Buckner Lane Roadway Improvement Project, for and in consideration of $2,000.00. 1 __..: 1 _ .. 1 .: __:. - 1.. <.._. �.::I 303 DECEMBER 9, 2003 (2) 4055 HANSEN ROAD — Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 4055 HANSEN ROAD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance between the City of Paducah and William B. Holloway and his wife, Peggy L. Holloway for acquisition of a portion of property (5.7691 acres) located at 4055 Hansen Road for the Pecan Drive/Buckner Lane Roadway Improvement Project, for and in consideration of $36,000.00. (3) 5275 BUCKNER LANE - Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 5275 BUCKNER LANE." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance between the City of Paducah and Stephen W. Luigs, M.D. and his wife, Becky Luigs for acquisition of a portion of property (3.1323 acres) located at 5275 Buckner Lane for the Pecan Drive/Buckner Lane Roadway Improvement Project, for and in consideration of $62,000.00. (4) 5403 JIUCKNER LANE — Commissioner Smith offered motion, seconded by Ccammissioner'Skntg&Tieryiqiat the Board of Qommissiorlers introduce an ordinance entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 5403 BUCKNER LANE." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance between the City of Paducah and Mary Judith Wilkey, and her husband Jerry A. Wilkey for acquisition of a portion of property (0.3261 acres) located at 5403 Buckner Lane for the Pecan Drive/Buckner Lane Roadway Improvement Project, for and in consideration of $2,600.00. ZONE CHANGE FOR 3150 PARISA DRIVE Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE FOR PROPERTY LOCATED AT 3150 PARISA DRIVE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone property located at 3150 Parisa Drive from R-4, (High Density Residential Zone) to B-1, (Convenience & Service Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. APPROVE FINAL SUBDIVISION PHASE I — STARLITE ENTERPRISES Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED SUBDIVISION OF PROPERTY OF MAX L. EDWARDS, STERLING D. EDWARDS, LAKE F. EDWARDS AND WANDA T. SMITH FOR PROPERTY LOCATED ADJACENT TO CLARKS RIVER ROAD AND ACCEPTING THE DEDICATION OF RIGHT OF WAY AND UTILITY EASEMENTS." This ordinance is summarized as follows: Approve final report of the Paducah Planning Commission respecting the proposed subdivision of property of Max L. Edwards, Sterling D. Edwards, Lake F. Edwards and Wanda T. Smith for property located off Clarks River Road, and accepting the dedication of right of way and utility easements. In addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat. CITY MANAGER REPORT • The City Manager informed the Board that six city employees will be graduating from Mid-continent College. • May have a possible meeting on December 16, 2003, to discuss the Police Department Bargaining Unit contract. • Calendar Items POSITION VACANCY REVIEW i e is .. I 14�-kL,4L_. FIC DECEMBER 9, 2003 Finance Department — Accountant I Parks Services — Secretary The City Manager requested the above positions be filled. MOTION Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners authorize the following vacant positions be filled: C Finance Department — Accountant I Parks Services — Secretary 304 Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). Upon motion the meeting adjourned.