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Home My WebLink About02/11/03171 FEBRUARY 11, 2003 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 11, 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 late (1). PRESENTATIONS TOURISM SEMI - ANNUAL REPORT - Mary Hammond Ms. Hammond reported that business has been very good this year with small steady increases. They have had numerous requests for information from different organizations including a national Clogging magazine and the Square Dancers Alliance. / She would like to recognize Tom Irwin for his work in Promoting Paducah and also thank the Ambassadors for all their help. The riverfront will also be very busy this year with several fishing tournaments scheduled. March 10 will be the Quilt/Coffee Reception in the Chambers of City Hall and the public is invited to attend. A copy of her report is contained in the Minute file. APPRECIATION AND CONGRATULATIONS TO SARAH PHILLIPS Assistant Public Works Director Sarah Phillips has accepted the position of Village Manager at Johnstown, Ohio. The Board congratulated her and let her know that the City will miss her very much. MINUTES Commissioner Guess offered motion, seconded by Commissioner Smith, that the reading of the Minutes for January 28 & 31, 2003, be waived and that the Minutes of said meeting(s) prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Guess, Smith, Montgomery and Mayor Paxton (4). APPOINTMENTS PLANNING COMMISSION Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Cathy Crecelius and Robert C. Manchester as members of the Paducah Planning Commission, whose terms have expired. These terms will expire August 31, 2006." Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Cathy Crecelius and Robert C. Manchester as members of the Paducah Planning Commission. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ELECTRICAL INSPECTION APPEALS & ELECTRICAL CONTRACTORS & ELECTRICIANS EXAMINING BOARD Mayor Paxton the following appointment: "WHERAS, subject to the approval of the Board of Commissioners, I hereby appoint David Ury as a member of the Electrical Inspection Appeals & Electrical Contractors & Electricians Examining Board to replace George Lankton, who has resigned. This term will expire August 31, 2004." Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in appointing David Ury as a member of the Electrical Inspection Appeals & Electrical Contractors & Electricians Examining Board. i 172 FEBRUARY 11, 2003 Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). PADUCAH MAIN STREET, INC. BOARD OF DIRECTORS Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Susan French as a member of the Paducah main Street Inc. Board of Directors to replace Tammy Zimmerman, who has resigned. This term will expire March 1, 2004." Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners approve the action of Mayor Paxton in appointing Susan French as a member of the Paducah Main Street Inc. Board of Directors. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). MOTIONS R & F DOCUMENTS & BIDS Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the following documents and bids be received and filed: DOCUMENTS 1. City's Health Insurance Master Plan Document Amendment #9 (M.O. # 980) 1/2. Par Group Contract for Recruitment of Personnel Director (Ord. No. 2003-1-6612) 3. Contract with Tupelo Fire Equipment for Structural Turn Out Gear (Ord. No. 2003-1-6609) 4. Bond Documents for Board of Commissioners for 2003-2004 5. Paducah Water Works Financial Highlights for December 2002 6. Paducah Water Works Financial Highlights November 2002 7. Paducah -McCracken County Convention & Visitors Bureau Financial Statements For Year Ended June 30, 2002 8. Notice of Cancellation of Regularly Scheduled Meeting of Board of Commissioners For February 4, 2003 BIDS POLICE DEPT. KY Oaks Mall Bi -Directional Radio Amplifier System a) Jackson Purchase 2 -Way Radio Inc. b) Technology Group Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Montgomery, 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 Guess, Montgomery, Smith and Mayor Paxton (4). ADOPT TABLE 2 PAY/CLASSIFICATION SCHEDULE Commissioner Guess offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/PAY SCHEDULE, 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. 984; BK 5; PG _a TRANSFER FUNDS FOR RECREATION/PARKS SPECIALIST POSITION Im FEBRUARY 11, 2003 Commissioner Montgomery offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $15,255.00 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE PARKS DEPARTMENT FOR FUNDING OF RECREATION/PARK SPECIALIST POSITION AND DOWNTOWN COORDINATOR BUDGET," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery Smith and Mayor Paxton (4). M.O. 985; BK 5; PG o 1 173 W APPROVE CIP - 5 YEAR PLAN Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING A FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR THE CITY OF PADUCAH, KENTUCKY," be adopted. Adopted on call of the roll, yeas; Commissioners Guess, Montgomery Smith and Mayor Paxton (4). M.O. 986; BK 5; PG —&P_ APPROVE FEDERAL SURVEY AND PLANNING FUNDS GRANT APPLICATION Commissioner Guess offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A FEDERAL SURVEY AND PLANNING FUND MATCHING GRANT IN THE AMOUNT OF $5,000.00, THROUGH THE KENTUCKY HERITAGE COUNCIL FQR EVALUATION AND TRAINING OF THE CITY'S HISTORIC PRESERVATION. AREAS," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery Smith and Mayor Paxton (4). M.O. 987; BK 5; PG AUTHORIZE APPLICATION FOR T-21 RENAISSANCE GRANT FOR STREETSCAPE PHASE V PROJECT Commissioner Montgomery offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER, AUTHORIZING THE APPLICATION FOR A TRANSPORTATION ENHANCEMENT ACT T-21 MATCHING GRANT IN THE AMOUNT OF $321,000.00, FROM THE KENTUCKY TRANSPORTATION CABINET WITH A CASH MATCH IN THE AMOUNT OF $80,250, FOR THE CITY OF PADUCAH'S STREETSCAPE PHASE V PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery Smith and Mayor Paxton (4). M.O. 988; BK 5; PG -IM At this time Commissioner Coleman joined the meeting. T-21 NON -RENAISSANCE GRANT PROJECT DISCUSSION Presentations were made to the Board regarding the project to be chosen for the application for the T-21 Non -Renaissance Grant. Martha Emmons presented the Greenway Trail and Ken Wheeler presented the River Heritage Museum. After much discussion the Board by consensus agreed to choose the Greenway Trail for the project. AUTHORIZE APPLICATION FOR GRANT FOR GREENWAY TRAIL Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A T-21 NON -RENAISSANCE MATCHING GRANT IN THE AMOUNT OF $560,000.00, THROUGH THE KENTUCKY DEPARTMENT OF TRANSPORTATION FOR THE PADUCAH GREENWAY PROJECT PHASE II," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman; Guess, Montgomery, Smith and Mayor Paxton (5). M.O. 989; BK 5; PG� 174 FEBRUARY 11, 2003 ORDINANCES - ADOPTION PADUCAH HOUSING AUTHORITY'S PROPOSED ASSISTED LIVING FACILITY AT THE OLD MARTIN LUTHER KING HOUSING PROJECT SITE Cal Ross, Paducah Housing Authority Director, was here for discussion for this issue. The Board asked if he could present a business plan for the project before the City designates the Section 8 vouchers. Mr. Ross feels the other partner in the for-profit corporation will not want to submit the business plan because of outside competition. Mr. Ross was also asked if he would proceed with the building of the facility if he doesn't get the Section 8 voucher. He said if this project does not succeed he would come back to the commission before trying to do the project as a non-profit corporation. Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH HOUSING AUTHORITY." This ordinance is summarized as follows: That the Paducah City Commission hereby endorses the proposal of the Paducah Housing Authority to construct an 80 unit multi -story assisted living facility for low-income residents on the site of the martin Luther king Housing Project and instructs the City Manager and staff to execute all documents required to apply for and receive Section 8 vouchers for this project. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3) Nays, Commissioner Smith (1). Abstain, Commissioner Montgomery (1). ORD. NO. 2003-2-6613; BK 29; PG Mayor Paxton stepped out of the meeting at this time. EQUIPMENT RENTAL CONTRACT FOR 2003-2004 Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, ""AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH CENTRAL PAVING FOR RENTAL OF VARIOUS EQUIPMENT FOR THE REMAINDER OF THE 2003 CALENDAR YEAR AND FOR THE 2004 CALENDAR YEAR." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a contract with Central Paving for rental of various equipment for the remainder of the 2003 calendar year and the 2004 calendar year. This contract will allow for a one-year extension. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery and Smith (4). ORD. NO. 2003-2-6614; BK 29; PG FLEXBEN CORPORATION SERVICE AGREEMENT Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND FLEXBEN CORPORATION." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an agreement between the City of Paducah and F1exBen Corporation for providing administrative and communication services for the City's flexible spending account. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Smith (4). ORD. NO. 2003-2-6615; BK 29; PG q!V Mayor Paxton returned to the meeting. AMEND SEC. 14-44, PENALTIES FOR ANIMALS Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 14-44 OF CHAPTER 14, "ANIMALS" OF THE CODE OF ORDINANCES OF THE, CITY OF PADUCAH, KENTUCKY. " This ordinance shall be read in full as follows: 175 FEBRUARY 11, 2003 AN ORDINANCE AMENDING SECTION 14-44 OF CHAPTER 14, "ANIMALS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 14-44 is hereby amended to read as follows: Sec. 14-44. Penalties. (a) If any dog shall, when unprovoked, kill or wound or assist in killing or wounding any domesticated animal, the owner or keeper of said dangerous dog shall be guilty of a misdemeanor, and shall, upon conviction, be punished by not less than a $250.00 fine nor more than a $500.00 fine. (b) If any dog shall, when unprovoked, attack, assault, wound or otherwise injure a human being, the owner or keeper shall be deemed guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine of not less than $250.00, nor more than $500.00 or imprisoned for a period not to exceed six months, or both. (c) If any dog shall, when unprovoked, attack, assault, wound or otherwise cause serious physical injury to or kill a human being, the owner or keeper shall be deemed guilty of a Class A misdemeanor and may, upon conviction, be punished by a fine of $500.00 and imprisoned for a period of not less than six months nor to exceed to 12 months. (d) Any person violating any provision of this article for which another penalty is not otherwise provided shall be deemed guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500.00, or be imprisoned for a period not to exceed 12 months, or be both so fined and imprisoned. Each day a violation continues shall constitute a separate offense. (e) Any person violating the provisions of Sections 14-32, 14-33, or 14-34 shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500.00, or be imprisoned for a period not to exceed 30 days, or be both so fined and imprisoned., and, if , shall be ordered to remove the Humber- ef deg(s) Jer- to ..1,; o eemplianee with Seetio 14 32 A4thi n seven (7 -)- days. Failure t eenip1y ;t1. the eeur-t's order- it this regard will result in remeval of the deg(s) by the ,.;t y war-dEach day a violation continues shall constitute a separate offense. (f) Any person violating the provisions of Section 14-35 shall be guilty of a violation and shall be fined not less than $10.00 nor more than $1,000. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery Smith and Mayor Paxton (5). ORD. NO. 2003-2-6616; BK 29; PGcs ORDINANCES - INTRODUCTION UPDATE ELECTRICAL CODE ORDINANCE TO CURRENT EDITION OF NATIONAL ELECTRICAL CODE Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 18-35 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: The 2002 National Electrical Code, as prepared by the National Fire Protection Association and as amended from time to time, and all subsequent editions of this code, are hereby adopted by reference and made a part of the public records of the City by this section. AMEND BUILDING CODE ORDINANCE TO CURRENT EDITION & CHANGE REFERENCE TO INTERNATIONAL CODE COUNCIL Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 18-31 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Adopting the 2002 edition of the Kentucky Building Code; 2000 edition of the International Basic Mechanical Code; 2000 edition of the International Basic Energy Conservation Code; and all subsequent editions of these Code and any amendments as adopted by Kentucky Board of Housing, Buildings and Construction. The 2002 Kentucky Residential Code is hereby made applicable to all one and two family dwellings. 176 FEBRUARY 11, 2003 ACCEPT BID FOR KENTUCKY OAKS MALL RADIO UPGRADE FOR POLICE DEPT. Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF JACKSON PURCHASE 2 -WAY RADIO INC. FOR RADIO UPGRADE AT KENTUCKY OAKS MALL FOR THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Jackson Purchase 2 -Way Radio Inc. in the amount of $47,589.50 for the furnishing of equipment and installation of a bi-directional radio amplifier system located at Kentucky Oaks Mall for use by the Police Department, and authorizes the Mayor to execute a contract for same. INCLUDE SIT DOWN RESTAURANTS IN PLANNED OFFICE PARK ZONE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 126-117(d), PLANNED OFFICE PARK, POP, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-117,(d), Planned Office Park, POP, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is amended to include sit down restaurants (drive through not permitted). NAME APPEALS BOARD FOR FIRE MARSHAL DECISIONS Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 46-34 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: An ordinance to establish that all final decisions of the Fire Code official of the City shall be appealable to the Building Code Appeals Board pursuant to the procedures adopted by the City. CITY MANAGER REPORT Paducah Hyde & Junk Building Status Report Tom Barnett, gave an update on the above situation. The group that was going to do the cigar shop pulled out of the project about one month ago. At this point the original proposer will have to take this portion of the project on as well as his own. Legal documents have prepared a purchase agreement and a deed of transfer and these have been submitted to the proposer's attorneys. Still lacking a commitment letter from a financial institution. Still waiting to hear on documents and on whether or not they have funding in place. This has gone on for some time. Mr. Barnett asked for direction from Board as to how much longer do we want to give them before we tie them down to a firm agreement and a firm time line. The Board decided to give them 30 days to sign commitment letter, meet initial requirements and still be ready to open by time Four Rivers Center is ready to open. Mr. Barnett is going to ask our attorneys to include a clause in the agreement for a progress update. City Manager went over calendar items. Next week McGrath Consulting will be here to discuss their report. Mr. Bob Hoppmann requested by letter that more time be given to the restauranteurs to compile an economic impact study for Sunday alcohol sales. The Board concurred to give them more time. 0 EX. SESSION The City Manager called for an Executive Session for a quick briefing on litigation report on right of way. COMMISSIONER CONCERNS Comm. Montgomery thanked everyone for their love and support shown to her and her family during her illness. FEBRUARY 11, 2003 PUBLIC COMMENTS Pastor Lewis Moore was here to request that the area at 14th and Burnett be cleaned up. Debris that was left when the Friendly Home was demolished has not been cleared from the area. Also a house has been partially demolished at 13th and Park and has not been cleared. He just wants to get this area cleaned to make it a better neighborhood. Gladman Humbles was here to discuss several issues. One was the Appointed Firefighter Candidate Review Board, McGrath report, number of firefighters is too low, etc. 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: Proposed or pending litigation, as permitted by KRS 61.810 (1) (c). Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery Smith and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: February v?S , 2003 . MVa �1 7J- City C, Mayor Paxton 177