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HomeMy WebLinkAbout09/25/01428 SEPTEMBER 25, 2001 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 25, 2001, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Coleman, Montgomery, and Smith (4). Mayor Paxton was absent (1). COMMISSIONER ABRAHAM said he objects to the City Engineer being made Assistant City Manager in lieu of his blatant disrespect for the City's legislative body at the September 11, 2001, City Commission Meeting, and said his behavior sets a bad example for staff when that type of behavior is rewarded. Commissioner Abraham directed that his statement be made a part of the minutes for this meeting. DAVE CLARK, Paducah Power System General Manager, discussed PPS pole attachments, usage and rates. He said the Power Board has elected to use the FCC rate v formula. He said the rate increase for Comcast Cable will be phased in over a period of five years. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Smith, that the minutes for September 11 and 18, 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, Smith and Mayor Pro Tem Montgomery (4). APPOINTMENT MUNICIPAL HOUSING COMMISSION Mayor Pro Tem Montgomery made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, and on behalf of Mayor Paxton, I hereby appoint Victor Sredl as a member of the Municipal Housing Commission to replace Lela Cedarholm, whose term has expired. This term will expire July 22, 2005". i� Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Pro Tem Montgomery in appointing Victor Sredl as a member of the Municipal Housing Commission. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). MOTIONS R&F DOCUMENTS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that 1. Certificates of Insurance: a) D & D Construction Co. b) D & T Concrete c) Mills Concrete, Inc. 2. Williams, Williams & Lentz. LLP Audit Acceptance Letter 3. Copy of Deed 221-229 South 2" d Street -V II 4. Quitclaim Deed for Alley located behind 2513 Bridge Street ✓ 5. Mobile Fire Safety House Grant Agreement v' 6. Agreement with Paducah Area Chamber of Commerce 7. Memorandum of Understanding for Developing Phase I of a City Parks Strategic Master Plan to Develop Perkins Creek Nature Preserve and the Greenway Trail Linking the Nature Preserve with Stuart Nelson Park, Bob Noble Park & Raymond Shultz Park 429 SEPTEMBER 25, 2001 J Y 8. Conrad Heights Roadway Improvement Project Change Order #2 .V/ 9. Demolition of Structures in the 100 Block of Washington Street Project Change Order #1 /10. Paducah -McCracken County Riverport Authority Financial Statements for the Years Ended June 30, 2001, and 2000 11. City of Paducah, Kentucky, Annual Budget for Fiscal Year 2001-2002 ; Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). R&F BIDS Commissioner Smith offered motion, seconded by Commissioner Abraham, that the following bids be received and filed: FIRE DEPARTMENT: ✓ Protective Clothing: 1. Bluegrass Fire Equipment 2. Tupelo Fire Equipment 3. G&C Supply Co. Inc. Self -Contained Breathing Apparatus 1. Bluegrass Fire Equipment 2. Tupelo Fire Equipment Carbon Cylinder/Air Tanks 1. Bluegrass Fire Equipment 2. Tupelo Fire Equipment 3. Towers Fire Apparatus 4i Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Abraham offered motion, seconded by Commissioner Coleman, 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 Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). AMEND TABLE 2, CLASSIFICATION/PAY SCHEDULES, NON -CIVIL SERVICE & POLICE & FIRE DEPARTMENTS Commissioner Coleman offered motion, seconded by Mayor Pro Tem Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2, CLASSIFICATIONS/PAY SCHEDULES, NON -CIVIL SERVICE AND POLICE AND I FIRE, FOR CITY OF PADUCAH EMPLOYEES", be adopted. Adopted on call of the �l roll, yeas Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). MO 918, Book 4, P_�L* ORDINANCES — ADOPTION TAX RATE — 2001/2002 Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE FIXING THE 430 SEPTEMBER 25, 2001 LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2001, V THROUGH JUNE 30, 2002, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED". PURPOSE General Fund of the City Real Property Personal Property (except inventory) Inventory (up to & including $10,000,000) Inventory (over $10,000,000) School Purposes Paducah Junior College Real Estate Personal Property (except inventory) Inventory RATE PER $100.00 $0.300 $0.390 $0.070 $0.015 $0.022 $0.022 $0.006 The City of Paducah shall collect the following taxes for the Board of Education: Paducah Independent School District Real Property $0.600 Personal Property $0.603 Inventory $0.603 Total Tax Rate per $100 - real property $0.922 Total Tax Rate per $100 - personal property (except inventory) $1.015 Total Tax Rate per $100 - inventory $0.679 �f Property taxes levied herein shall be due and payable in the following manner: p Y p Y g The first half payment shall be due on November 1, 2001, and shall be payable without penalty and interest until November 30, 2001. k­- The / The second half payment shall be due on February 1, 2002, and shall be payable ✓ without penalty and interest until February 28, 2002. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). ORD.NO 2001-9-6416, BOOK 29, P l + LINCOLN WOODS PROPERTY ACQUISTION Commissioner Abraham offered motion, seconded by Commissioner Smith, that the - Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A QUITCLAIM DEED BETWEEN FIRSTAR BANK, N.A., TRUSTEE OF THE JENNIE LEE COVINGTON MILLER TESTAMENTARY TRUST, AND THE CITY OF PADUCAH FOR REAL PROPERTY LOCATED AT 2124 SHELBY STREET IN LINCOLN WOODS". This ordinance is summarized as follows: Authorizing the Mayor to execute a Quitclaim Deed between Firstar Bank, N.A., transferring title of real property located at 2124 Shelby Street to the City of Paducah. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). ORD.NO 2001-9-6417, BOOK 29, P. 14 5 PARKS/SENIOR BUILDING RENOVATION CONTRACT AWARD Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF CROFT & ADAMS CONSTRUCTION INC. IN THE AMOUNT OF $59,592.00 FOR PARKS DEPARTMENT RENOVATIONS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME, AND AUTHORIZING TRANSFER OF FUNDS BY THE FINANCE DIRECTOR". This ordinance is 431 SEPTEMBER 25, 2001 summarized as follows: Accepting the bid of Croft & Adams Construction Inc. in the amount of $59,592.00 for Parks Department renovations, authorizing the Mayor to execute a contract for same, and authorizing and directing the Finance Director to transfer the sum of $31,496.00 from the Commission Contingency Fund for additional in-house work for this project. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor Pro Tem Montgomery (4). ORD.NO.2001-9-6418, BOOK 29, P 1 [R ORDINANCES — INTRODUCTION WATER RATE INCREASE Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING NEW WATER RATES AND CHARGES FOR WATER PROVIDED J BY THE PADUCAH WATER WORKS TO ITS CUSTOMERS. The City of Paducah accepts the recommendation of the Commissioners of Water Works for the proposed rate structure. This rate structure shall be in effect for a period of five years unless otherwise modified by the Board of Commissioners of the City of Paducah. This ordinance shall be published in full. PURCHASE PROTECTIVE FIRE GEAR & EQUIPMENT Commissioner Abraham offered motion, seconded by Commissioner Smith, that the JBoard of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF TUPELO FIRE EQUIPMENT FOR SALE TO THE CITY OF PROTECTIVE FIRE GEAR FOR THE FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bids of Tupelo Fire Equipment in the total sum of $42,870.00 for the purchase of protective fire gear for the Fire Department, and authorizing the Mayor to execute a contract for same. PARKS MASTER PLAN Commissioner Coleman offered motion, seconded by Mayor Pro Tem Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRANDSTETTER CARROLL INC. FOR CONSULTANT SERVICES FOR THE PARKS MASTER PLAN". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute an Agreement with Brandstetter Carroll Inc. in the amount of $70,000.00 for consultant services for the Parks Master Plan. REAL ESTATE TRANSFER FROM CONVENTION CENTER CORP. TO CITY OF PADUCAH Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING TRANSFER OF REAL ESTATE LOCATED ON SOUTH SECOND STREET BETWEEN CLARK AND ADAMS STREET, FROM THE PADUCAH- �/ MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, AND AUTHORIZING THE TRANSFER OF SAID REAL ESTATE TO THE CITY OF PADUCAH". This ordinance is summarized as follows: Authorizing the Mayor to execute a Quitclaim Deed between Paducah -McCracken County Convention Center Corporation and the City of Paducah for transfer of property located on South Second Street between Clark and Adams Street to the City of Paducah. NUISANCE- ORDINANCE (CHAPTER 42) AMENDMENT Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled "AN ORDINANCE REVISING CHAPTER 42, NUISANCE CODE ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah is revising Chapter 42 of the Code of Ordinances of the City of Paducah and repealing specific, already enacted ordinances in order to create a nuisance Code Enforcement Board for the purpose of regulating and enforcing nuisance code 11L 432 SEPTEMBER 25, 2001 ordinances, that are to be adopted herein, and for allowing the imposition of remedial measures, fees and/or fines, which will be published as follow in accordance with Kentucky Revised Statutes. SECTION 13. Ordinance Fine Schedule. Violations of ordinances that are enforced by the city nuisance code enforcement board shall be subject to the following schedule of civil fines: a) If a citation for a violation of the nuisance code is not contested by the person charged with the violation, the penalties set forth in this subsection may apply per day, per violation: Violation 1 st Offense 2nd Offense All Others Property maintenance $100 $250 $500 Abandoned Vehicles and Appliances $100 $250 $500 Litter $100 $250 $500 Solid Waste $100 $250 $500 Other Nuisances $100 $250 $500 b) If the citation is contested and a hearing before the nuisance code enforcement board is required, the following maximum penalties may be imposed at the discretion of the board per day, per violation: Violation 1st Offense 2nd Offense All Others Property maintenance $200 $500 $1,000 Abandoned Vehicles and Appliances $200 $500 $1,000 Litter $200 $500 $1,000 Solid Waste $200 $500 $1,000 Other Nuisances $200 $500 $1,000 SECTION 14. Lien; Fines, Charges, and Fees. a) The city shall possess a lien on property owned by the person found by a final, nonappealable order issued based on an uncontested citation; by a final, nonappealable order of the nuisance code enforcement board; or by a final judgment of the court, to have committed a violation of the nuisance for all fines assessed for the violation and for all charges, costs, penalties, and fees, including attorney's fees, incurred by the city in connection with the enforcement of the ordinance. b) The lien shall be recorded in the office of the county clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest, at the rate of four (4) percent interest, until paid. C) Pursuant to KRS 82.720, the lien shall take precedence over all other liens on the property, except state, county, school board, and city taxes, and may be enforced by judicial proceedings. d) In addition to the remedy prescribed in subsection (a), the person found to have committed the violation shall be personally responsible for the / amount of all fines assessed for the violation, including a $15 �.� administration fee, and for all charges and fees incurred by the city in connection with the enforcement of the nuisance code. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt. e) The City shall be entitled to recover from the responsible party or parties all reasonable attorney fees and others costs incurred by the City by reason of the collection upon and enforcement of the responsible party's or parties' liability hereunder and the lien which secures the same. 433 SEPTEMBER 25, 2001 SECTION 21. Attorney fees and costs. Upon a final determination of a violation of the nuisance code, the City shall be entitled to recover from the responsible party or parties all reasonable attorney fees and others costs incurred by the City by reason of the collection upon and enforcement of the responsible party's or parties' liability hereunder and the lien which secures the same. MOBILE DATA TERMINAL COMPUTERS FOR POLICE DEPT. GRANT Commissioner Coleman offered motion, seconded by Mayor Pro Tem Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY BETWEEN THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, AND THE CITY OF J PADUCAH FOR A GRANT FOR THE PURCHASE AND INSTALLATION OF MOBILE DATA TERMINAL COMPUTERS". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary with the U.S. Department of Justice, Office of Community Oriented Policing Services, for a technology grant in the amount of $748,350.00, to be used for the purchase and installation of mobile data terminal computers in police vehicles. TRAFFIC SAFETY GRANT Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN JAPPLICATION, GRANT AGREEMENT, AND ALL OTHER DOCUMENTS RELATING THERETO, FROM THE KENTUCKY STATE POLICE DEPARTMENT FOR A TRAFFIC SAFETY EDUCATION AND ENFORCEMENT ACTIVITIES PROGRAM GRANT". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary with the Kentucky State Police for a grant in the amount of $13,800.00 for the Traffic Safety Education and Enforcement Activities Program. LAW ENFORCEMENT GRANT Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL JDOCUMENTS NECESSARY BETWEEN THE U.S. DEPARTMENT OF JUSTICE AND THE CITY OF PADUCAH FOR A MATCHING LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURCHASE OF POLICE EQUIPMENT AND OTHER RELATED EXPENSES". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary with the U.S. Department of Justice for a matching Local Law Enforcement Block Grant in the amount of $37,020.00 for the purchase of polygraph equipment, a K-9 dog, and related expenses for the Police Department. The City will provide matching funds in the amount of $4,113.00. DOWNTOWN CONVENIENCE CENTER GRANT Commissioner Coleman offered motion, seconded by Mayor Pro Tem Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDIANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL J DOCUMENTS NECESSARY THROUGH THE RENAISSANCE KENTUCKY ALLIANCE FOR A DIRECT APPROPRIATION GRANT FOR CONSTRUCTION OF A DOWNTOWN CONVENIENCE CENTER". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary through the Renaissance Kentucky Alliance for a direct appropriation grant in the amount of $150,000.00 for funding for the construction of a downtown convenience center. EXHIBITION CENTER GRANT Commissioner Smith offered motion, seconded by Commissioner Abraham, that the ,( Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE I'& "11 435 SEPTEMBER 25, 2001 ALL DOCUMENTS NECESSARY THROUGH THE RENAISSANCE KENTUCKY ALLIANCE FOR A GRANT FOR CONSTRUCTION OF THE PADUCAH- McCRACKEN COUNTY EXHIBITION CENTER". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary through the Renaissance Kentucky Alliance for a grant in the amount of $250,000.00 for funding for construction of the Paducah -McCracken County Exhibition Center. Upon motion the meeting adjourned. ADOPTED: October 9,-2001 4Cityverk