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Home My WebLink About02/13/01FEBRUARY 13, 2001 ROLL CALL At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 13, 2001, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). �- MINUTES Commissioner Abraham offered motion, seconded by Commissioner Smith, that the reading of the minutes for January 23, February 2 and 3, 2001, 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 Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). APPOINTMENTS 323 ELECTRIC PLANT BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint John A. Williams to the Electric Plant ✓ Board to replace Rev. W. G. Harvey, whose term has expired. This term will expire February 6, 2005." Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners approve the action of Mayor Paxton in appointing John A. Williams to the Electric Plant Board. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the following documents be received and filed: 1. Certificate(s) of Insurance: Carrie's Malt Shop & Creamery ✓ Western Kentucky Sprinkler Co. Inc. Cape Prosthetics -Orthotics Inc. 2. Traffic Safety Education & Enforcement Activities per ✓ Ordinance No. 2000-6-6223 3. Agreement with Active.com for Parks and Recreation Onlinev Services 4. Encroachment Agreement with Carne's Malt Shoppe & ✓ Creamery Co. 5. Management Agreement with McCracken County for a Network ✓ Administrator 6. Agreement with Kentucky Transportation Cabinet for River✓ Heritage Museum in the amount of $300,000 adopted by Ordinance No. 99-6-6064 7. Agreement for Sale with Ted & Madonna Brian for property located near corner of Washington Street and 2nd Street 8. Agreement for Sale with McCartney Produce for property / located at 216 South 2nd Street 9. Agreement for Sale with Paper Supplies, Inc. for property located at 101 Washington Street =—Al, m n I as41 324 FEBRUARY 13, 2001 / 10. Agreement with River Heritage Museum, Inc., Seaman's Church and Paducah Film Society, Inc. for River Heritage Museum and Maiden Alley Cinema ✓ 11. River Heritage Museum Project Renovation Agreement with Ray Black & Son 12. Maiden Alley Cinema Project Renovation Agreement with Travis Construction Co. ✓ 13. HOME Funding Agreement for the Paducah Housing Rehabilitation Project adopted by Ordinance 2000-2-6158 14. Paducah Water Works Financial Highlights for Month Ended December 31, 2000 Adopted upon call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). R&FBIDS Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners receive and file the attached bids for the following department: PARKS DEPT. ✓ Portable Toilets 1. Kit -mo Rental & Supply Co. f PUBLIC WORKS DEPT./SOLID WASTE DIVISION Refuse Containers for Downtown Area 1. Wausau Tile Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). MUNICIPAL ORDERS T-21 MATCHING GRANT FOR RIVER HERITAGE MUSEUM ($760,000/190,000) Commissioner Abraham 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 $760,000 FROM THE KENTUCKY TRANSPORTATION CABINET, WITH A CASH MATCH IN THE AMOUNT OF $190,000 FOR THE RIVER HERITAGE MUSEUM", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O. #873, BOOK 4, P -!?-L GRANT ON BEHALF OF P&L RAILROAD ($250,000) Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that a J Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR APPLICATION OF A GRANT IN THE AMOUNT OF $250,000 FROM THE CABINET FOR ECONOMIC DEVELOPMENT, ON BEHALF OF P & L RAILROAD", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O. #874, BOOK 4, PO TRANSFER $3.000 TO NOBLE PARK BASEBALL ASSOCIATION f Commissioner Montgomery offered motion, seconded by Commissioners Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER THE SUM OF $3,000 TO THE NOBLE PARK BASEBALL ASSOCIATION", be adopted. Adopted on call of the '4,T 325 FEBRUARY 13, 2001 roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton ✓ (5). M.O. #875, BOOK 4, P2? TRANSFER $4,412.16 TO NOBLE FIELDS FOR TRACTOR PURCHASE Commissioner Smith offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE DIRECTING THE FINANCE DIRECTOR TO TRANSFER THE TOTAL SUM OF $4,412.16 TO THE REPAIR/UPKEEP/RESTORE NOBLE FIELDS", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O. #876, BOOK 4, P TRANSFER $115 000 TO BROOKS STADIUM PROJECT ACCOUNT Commissioner Abraham offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND ✓ DIRECTING THE FINANCE DIRECTOR TO TRANSFER THE SUM OF $15,000 TO THE BROOKS STADIUM PROJECT ACCOUNT", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O. #877, BOOK 4, P Z4&) ORDINANCES – EMERGENCY PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT ✓, AGREEMENT BETWEEN THE CITY OF PADUCAH AND BOB FREUDENTHAL". This ordinance is summarized as follows: Authorizing the Mayor to execute an employment agreement between the City of Paducah and Bob Freudenthal, and setting forth the terms of employment for Mr. Freudenthal as Public Works Director f for the City of Paducah. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD.NO. 200$-2-6314, BOOK 29, Pte_ ORDINANCES – ADOPTION FIREFIGHTER RESIDENCY CHANGE Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 2-304, RESIDENCY REQUIREMENTS, OF SECTION 2, DIVISION 5, FIRE DEPARTMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending fire fighter residency requirements to allow fire fighters hired after October 1, V-1 1988, to reside within a fifteen (15) mile air radius of the Fire Department Headquarters; i.e., Fire Station Number 1, as a condition of their continued employment with the Fire Department of the City. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD.NO. 2000-2-6315, BOOK 29, P—( - AMEND CHAPTER 126-76, THEATER SIGN REGULATIONS, AND 126-02, ZONING (COMMERCIAL VEHICLE PARKING) Commissioner Smith offered motion, seconded by Commissioner Abraham, that the, Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTIONS 126-76, THEATER SIGN REGULATIONS, AND 126-102, COMMERCIAL VEHICLE PARKING, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending Sec. 126-76 to allow lighted poster cases for theaters in the H-1 zone and establishing regulations for same; amending Sec. 126-102 to prohibit commercial vehicles, equipment and trucks with axle weights greater than one ton, heights greater than eight feet, and lengths greater than 30 feet from parking in a residential zone. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD.NO. 200#-2-6316, BOOK 29, P_.j_- _ moi — I - I --- . ]-- _- 11 .1 I I i u _.,--LA4A.L.& :.., 326 FEBRUARY 13, 2001 METROPOLITAN HOTEL MUSEUM GRANT Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF / UNDERSTANDING BETWEEN THE KENTUCKY EDUCATION ARTS AND �/ HUMANITIES CABINET, UPPER TOWN HERITAGE FOUNDATION INC. AND THE CITY OF PADUCAH FOR A $100,000 GRANT FOR RENOVATION OF THE METROPOLITAN HOTEL MUSEUM". This ordinance is summarized as follows: Authorizing the Mayor to execute a Memorandum of Understanding between the Kentucky Education Arts and Humanities Cabinet, Upper Town Heritage Foundation Inc. and the City of Paducah for a $100,000 grant for renovation of the Metropolitan Hotel Museum. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD.NO. 2000-2-6317, BOOK 29, P�o ORDINANCES — INTRODUCTION PURCHASE REFUSE CONTAINERS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE r% ACCEPTING THE BID OF WAUSAU TILE FOR THE PURCHASE OF REFUSE CONTAINERS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME'. This ordinance is summarized as follows: Accepting the bid of Wausau Tile in the amount of $13,718, for sale to the City of 39 refuse containers for the downtown area, and authorizing the Mayor to execute a contract for same. PORTABLE TOILET RENTAL Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF KITMO RENTAL & SUPPLY COMPANY FOR RENTAL OF PORTABLE TOILETS BY THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Kitmo Supply & Rental for rental of portable toilet units by the City of Paducah for use by the Parks Department, and authorizing the Mayor to execute a contract for same. LEASE FOR NOBLE PARK BASEBALL FIELDS, ETC. Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN NOBLE PARK BASEBALL ASSOCIATION INC. AND THE CITY OF PADUCAH". This ordinance is summarized as follows: Authorizing the Mayor to execute a Lease Agreement between the Noble park Baseball Association and the City of Paducah for lease to the Association of baseball diamonds, adjacent concession stand and related equipment located in Noble Park for the annual sum of $1.00 and other valuable considerations. CONRAD HEIGHTS PROJECT CHANGE ORDER NO.1 Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE J AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF $87,590.82 WITH H&G CONSTRUCTION COMPANY INC., FOR THE CONRAD HEIGHTS ROADWAY IMPROVEMENT PROJECT". This ordinance is summarized as follows: Authorizing the Mayor to execute Change Order No. 1 in the amount of $87,590.82 with H & G Construction Company Inc. for the Conrad Heights Roadway Improvement Project, thereby increasing the amount of the contract to $1,050,130.74 for this project. TRANSFER CITY STREETS TO STATE (WATER ST., ETC.) Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE TRANSFER OF MAINTENANCE RESPONSIBILITIES OF CERTAIN STREETS FROM THF CI Y OF PADUCAH TO THE COMMONWEALTH OF KENTUCTI<Y TRANSPORTATION CABINET, AND 327 FEBRUARY 13, 2001 AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows: Authorizing the Mayor to execute all documents necessary to transfer maintenance responsibilities of the following streets to the Commonwealth of Kentucky Transportation Cabinet: c-11 1. Kentucky Avenue from Third Street to Water Street 2. Water Street from Kentucky Avenue to Broadway 3. Broadway from Water Street to Third Street. MAP AGREEMENT Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE DEPARTMENT OF RURAL AND MUNICIPAL AID, COMMONWEALTH OF KENTUCKY, AND THE CITY -OF PADUCAH, KENTUCKY, FOR MAINTENANCE, RECONSTRUCTION, OR CONSTRUCTION OF CITY STREETS". This ordinance is summarized as follows: Authorizing the Mayor to execute a contract with the Kentucky Department of Rural and Municipal for the city street program for FY 2000/01. TRANSFER ISLAND CREEK BRIDGE FROM STATE TO CITY Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ALL DOCUMENTS NECESSARY BETWEEN THE COMMON -WEALTH OF KENTUCKY TRANSPORTATION CABINET AND THE CITY OF PADUCAH TO TRANSFER OWNERSHIP OF THE ISLAND CREEK BRIDGE TO THE CITY OF PADUCAH". This ordinance is summarized as follows: Authorizing the Mayor to execute a Quitclaim Deed and all documents necessary between the Commonwealth of Kentucky Transportation Cabinet and the City of Paducah to transfer ownership of the bridge structure over Island Creek on Bridge Street to the City of Paducah. LICENSE FEE REFUNDS - SEC. 106-75 Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-75 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending Section 106-75 as applies to refund of overpayment of license fees collected by the City to read as follows: "Effective January 1, 2001, an application for refund must be made no later than December 31 of the second year following the year in which the license tax was due. The taxpayer shall be entitled to a refund for the tax year within which the application was made and for the last two (2) tax years prior to such tax year". ITINERANT MERCHANTS (CH. 106-147) Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners .introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-127 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Repealing Sec. 106-127, `Itinerant Merchants', of the Code of Ordinances of the City of Paducah, enacted on December 20, 1966. RETAIL MERCHANTS (CH. 106-147) Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-147 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance reads as follows: V, "Any person engaging in the business of selling, at retail, any kind of goods, wares, merchandise, products, articles, items, things or other personal property not enumerated in or covered by other sections of this article, such as drugs, books, dry goods, electric light fixtures and supplies, furniture, hardware, jewelry, millinery, paint, shoes, wallpaper, tents, awnings, furniture repairs, installation of furniture and furnishings, FEBRUARY 13, 2001 radios, pianos, other musical instruments, musical supplies and office equipment, 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." EXECUTIVE SESSION Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board go into closed session for discussion of matters pertaining to the following topics: 1. 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 Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). At the conclusion of the Executive Session the Board reconvened in open session, whereupon the Mayor called the meeting back to order. PERSONNEL CHANGES Commissioner Coleman offered motion, seconded by Commissioner Montgomery, 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. V/ (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: February 27, 2001 CITY CLERK YOR