HomeMy WebLinkAbout04/26/11APRIL 26, 2011
At a Regular Meeting of the Board of Commissioners, held on Tuesday, April 26, 2011, at 5:30
p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered
to their names: Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5).
ADDITIONS/DELETIONS
There were not any additions or deletions to the agenda. City Manager Jeff Pederson asked the
Commission if they wanted an executive session for discussion of personnel matters pertaining to
the personnel actions. If so, he requested the personnel actions be moved for consideration to the
end of the meeting and requested an executive session. Commission stated they did want an
executive session and agreed for the personnel actions to be moved on the agenda.
PROCLAMATION
"THANK A VETERAN MONTH"
Mayor Paxton presented a proclamation to Sandy Hart proclaiming the month of May 2011 as
"THANK A VETERAN MONTH".
FLOOD 2011 UPDATE
City Manager Pederson asked Rick Murphy, City Engineer, to give an update on the flood
situation in Paducah. Public Information Officer Pam Spencer reported the City Engineer's
update as follows in the highlights she provides for the news media after the commission meeting.
"City Engineer -Public Works Director Rick Murphy briefed the
Commission on the latest with the Ohio River flooding. Murphy
announced the latest projection from the National Weather Service shows
the Ohio River cresting in Paducah on Tuesday, May 3 at 53 feet. That is
two feet lower than the crest projected yesterday. If the Ohio crests at 53
feet, it will match the flooding seen in 1950. As a visual, if the City of
Paducah did not have a floodwall, a flood stage of 53 feet would mean that
water would be three feet deep on Broadway. At this time Paducah has
installed 37 of its 47 floodgates. Murphy will monitor the forecast. The
final floodgates are necessary to close only if the Ohio is projected to crest
higher than 53 feet. Murphy explained that the work to build a protective
levee around the Julian Carroll Convention Center and the Expo Center is
continuing. The revised forecast means the protective levee under
construction will not need to be built as high as expected, but the City will
be prepared to go higher if necessary. City Manager Jeff Pederson says
the Convention Center has flood insurance and that the City is maintaining
documentation in case the preventive measures qualify for FEMA
reimbursement. Murphy also explained that water seepage through the
floodgates is normal and expected. Murphy says, "The seepage
structurally has no effect on the gates." Mayor Bill Paxton thanked the
hard work by the City staff in installing the floodgates. Mayor Paxton
says, "It just shows what a good group of people we have working for the
City." Pederson says the City and County have been working together to
make sure that citizens and property are safe. Pederson says, "There's a
lot of good coordination and cooperation out there." "
Commissioner Gault asked if the City could provide a webcam showing how high the water is
getting on the riverfront side of the floodwall. Information Technology Director Greg Mueller
reported that the two cameras in the Farmer's Market area downtown will be on and the public
can go to the City's website to view. It will show the Schultz Park area.
PRESENTATION
LIVE ON BROADWAY
Jeff Spicer and Karson Kelley, Event Coordinators for the "Live on Broadway" events gave a
powerpoint presentation showing their preliminary plan for the events. The events previously
known as the Downtown After Dinner, will kick-off on May 28th and end on July 30th, from 7:00
to 10:00 p.m. Changes will include special lighting, valet parking for restaurants, one area for
vendors, etc. There will be five types of entertainment: 1) visual arts; 2) performing arts, 3)
music tied to the street cafes; 4) interactive events, and 5) vendors.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of
the Minutes for the April 12th, 2011 meeting be waived and that the Minutes of said meeting
prepared by the City Clerk be approved as written.
APRIL 26, 2011
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MOTION
R & F DOCUMENTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following
documents and bids be received and filed:
1. Insurance Certificates:
a) Florence & Hutcheson Inc.
2. Contracts/Agreements:
1) Change Order No. 1 with Paducah Ford for Purchase of Vehicles for the
2011 FY Fleet Plan (2011-4-7804)
2) QinetiQ North America Inc. for Purchase of a Dragon Runner Twenty
Robot System for the Paducah Police Department (2011-3-7801)
3) Florence & Hutcheson Inc. for Consulting Services for the Riverfront
Development Project (2011-4-7805)
4) Redwing Ecological Services for Consulting Services for the Riverfront
Development Project (2011-44-7806)
3. Notice of Cancellation of the Meeting for Tuesday, April 19, 2011 for the Board
of Commissioners of the City of Paducah
4. Declaration of A State of Emergency for City of Paducah, Kentucky, Flood 2011
(April)
5. Declaration of A Local State of Emergency for McCracken County, Kentucky,
Flood 2011 (April)
BIDS
FIRE DEPARTMENT
ROOF FOR FIRE STATION NO. 3
1. Minter Roofing
2. Atlas Roofing
3. Southern Roofing
INSPECTION DEPARTMENT
DEMOLITION OF 1379 IRVIN COBB DRIVE
1. T.W.B. Enterprises Inc.
2. Randy's Excavating
3. Central Paving Company of Paducah Inc.
4. Lambert's Gravel & Excavating Inc.
5. Heflin Inc.
6. Jones Excavating/Demolishing LLC
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
SUSPEND ORDER OF BUSINESS
Mayor Paxton offered motion, seconded by Commissioner Gault, 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 Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MUNICIPAL ORDERS
The Personnel Changes were moved for consideration at the end of the meeting.
TRANSFER 1707 MARTIN LUTHER KING DRIVE TO URBAN RENEWAL
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL
PROPERTY LOCATED AT 1707 MARTIN LUTHER KING JR. DRIVE TO THE URBAN
RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUAH, KENTUCKY
AND AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR SAME," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1602; BK 8
APRIL 26, 2011
AUTHORIZE MEMBERSHIP APPLICATION TO KY HOUSING CORPORATION FOR
HOUSE WORKS REPAIR PROGRAM
Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING A MATCHING MEMBERSHIP
APPLICATION TO THE KENTUCKY HOUSING CORPORATION FOR FUTURE
FUNDING FROM THE AFFORDABLE HOUSING TRUST FUND TO BE USED FOR THE
2010-2011 HOUSEWORKS REPAIR PROGRAM FOR THE FOUNTAIN AVENUE AREA,"
be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
_.y Paxton (5). M.O.#1603; BK 8
KENTUCKY HISTORIC TAX CREDIT APPLICATION FOR 331 & 333 N. 16TH
STREET
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING AN APPLICATION, ON BEHALF
OF THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY, TO THE
KENTUCKY HERITAGE COUNCIL TO DETERMINE ELIGIBILITY FOR POSSIBLE
FUNDING THROUGH THE KENTUCKY HISTORIC PRESERVATION TAX CREDIT
PROGRAM FOR TWO URBAN RENEWAL PROPERTIES LOCATED AT 331 AND 333
NORTH 16TH STREET IN THE FOUNTAIN AVENUE NEIGHBORHOOD
REVITALIZATION AREA," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1604; BK 8
RATIFYING PRELIMINARY APPROVAL FOR THE PADUCAH JACKSON HOUSE
ELEVATOR REHABILITATION PROJECT
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER RATIFYING THE MAYOR'S SIGNATURE FOR
PRELIMINARY APPROVAL TO RECEIVE COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS THROUGH THE COMMONWEALTH OF KENTUCKY, OFFICE OF THE
GOVERNOR, DEPARTMENT FOR LOCAL GOVERNMENT IN THE AMOUNT OF
$1,000,000 FOR THE PADUCAH JACKSON HOUSE ELEVATOR REHABILITATION
PROJECT CDBG#10-109," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1605; BK 8
TRANSFER FOR FUNDS FOR LOWER TOWN ARTS & MUSIC FESTIVAL
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO TRANSFER $15,000.00 FROM THE
COMMISSION CONTINGENCY ACCOUNT TO THE PADUCAH RENAISSANCE
ALLIANCE ADVERTISEMENT ACCOUNT FOR THE 2011 LOWERTOWN ARTS
AND MUSIC FESTIVAL," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1606; BK 8
ORDINANCES — ADOPTION
PURCHASE MARGARET HANK LIFE CENTER LOCATED AT 1527 MARTIN
LUTHER KING, JR. DRIVE
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
APPROVING THE PURCHASE OF FIVE PARCELS OF REAL PROPERTY LOCATED AT
1527 MARTIN LUTHER KING JR. DRIVE, PADUCAH, McCRACKEN COUNTY,
KNETUCKY, FROM THE TRUSTEES OF MARGARET HANK MEMORIAL
CUMBERLAND PRESBYTERIAN CHURCH FOR USE OF A PUBLIC PROJECT." This
ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky,
to purchase the real property located at 1527 Martin Luther King Jr. Drive, Paducah, McCracken
County, Kentucky, for purpose of the development of an indoor recreational facility from
Trustees of the Margaret Hank Memorial Cumberland Presbyterian Church, for the purchase
price of Two Hundred Fifty Thousand Dollars ($250,000.00).
APRIL 26, 2011
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD.#2011-4-7807; BK 32
ACCEPT CDBG FOR JACKSON HOUSE ELEVATOR SYSTEM PROJECT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING GRANT FUNDS
THROUGH THE KENTUCKY GOVERNOR'S OFFICE, DEPARTMENT FOR LOCAL
GOVERNMENT, FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE
JACKSON HOUSE ELEVATOR SYSTEM PROJECT AND AUTHORIZING THE MAYOR
TO EXECUTE SAID GRANT AGREEMENT AND ALL DOCUMENTS RELATING
THERETO." This ordinance is summarized as follows: That the City of Paducah hereby accepts
grant funds in an amount not to exceed $1,000,000.00 from the Kentucky Governor's Office,
Department for Local Government, for a Community Development Block Grant for the Jackson
House Elevator System Project. The pledged local cash match of $114,100, plus any cost
overruns, will be met by Jackson House. The City is not responsible for a match of any kind.
Further, the Mayor is hereby authorized to execute an Agreement, and all documents relating
thereto, with the Kentucky Governor's Office, Department for Local Government, for a grant for
the Jackson House Elevator System Project.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD.#2011-4-7808; BK 32
ZONE CHANGE ORDINANCE FOR 2540 LONE OAK RD
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL
REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE
CHANGE FOR PROPERTY LOCATED AT 2540 U. S HIGHWAY 45, A/K/A LONE OAK
ROAD, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT
SUCH REZONING." This ordinance is summarized as follows: Rezone property located at
2540 U. S. Highway 45, a/k/a Lone Oak Road, from R-1 to Highway Business District (HBD),
and amending the Paducah Zoning Ordinance to effect such rezoning.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD.#2011-4-7809; BK 32
FINAL ANNEXATION FOR 2540 LONE OAK RD
Commissioner Watkins offered motion, seconded by Commissioner Kaler, 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: Approving final annexation of a tract of property
contiguous to the present city limits, located at 2540 U. S. Highway 45, a/k/a Lone Oak Road,
containing 1.514 acres more or less.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD.#2011-4-7810; BK 32
ORDINANCES - INTRODUCTION
DEMOLITION OF 1379 IRVIN COBB DRIVE
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID OF JONES EXCAVATING/DEMOLISHING LLC FOR
DEMOLITION OF A CONDEMNED STRUCTURE LOCATED AT 1379 IRVIN
COBB DRIVE IN THE CITY OF PADUCAH, 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 Jones Excavating/Demolishing LLC in the /
amount of $33,900.00 for demolition of a condemned structure at 1379 Irvin Cobb Drive
in the City of Paducah, and authorizes the Mayor to execute a contract for same.
KLC SAFETY GRANT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT
AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE
APRIL 26, 2011
KENTUCKY LEAGUE OF CITIES FOR A 2011 SAFETY AND LIABILITY
MATCHING GRANT." This ordinance is summarized as follows: The Mayor is hereby
authorized and directed to execute a Grant Agreement and all documents relating thereto
with the Kentucky League of Cities, that will reimburse the City up to $6,000.00 for the
purchase of equipment for the Fire Department for respirator fit testing ($8,915),
spirometer ($4,085) as well as KMESHA registration fee ($225) for the Fire and Risk
Management Departments. This program requires local matching funds of $7,225 and
will be provided from the Risk Management and Fire Department budgets.
ROOF FOR FIRE STATION #3
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF MINTER ROOFING COMPANY, FOR ROOF REPLACEMENT FOR
FIRE STATION #3, 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 Minter Roofing Company, in the amount of $41,620.00 for
roof replacement for Fire Station #3, located at 1421 Friedman Lane said bid being in
substantial compliance with the bid specifications, advertisement for bid, and authorizes
the Mayor to execute a contract for same.
CDBG AWARD -JACKSON HOUSE ELEVATOR SYSTEM PROJECT BUDGET
ORDINANCE
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY
OF PADUCAH, KENTUCKY, TO INCLUDE THE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (CDBG) IN THE FY2012 BUDGET FOR THE JACKSON
HOUSE ELEVATOR SYSTEM PROJECT; THE CDBG FUNDS SHALL BE KEPT IN
A DISTINCT NON-INTEREST BEARING ACCOUNT; AND FURTHER, THE
WESTERN KENTUCKY SENIORS CENTER UNION LABOR HOUSING
CORPORATION SHALL BE RESPONSIBLE FOR THE LOCAL CASH MATCH
REQUIREMENT, ANY EXPENSES INCURRED AND COST OVERRUNS FOR THE
JACKSON HOUSE ELEVATOR SYSTEM PROJECT". This ordinance is summarized
as follows: That the City of Paducah, Kentucky, upon receipt of the Community
Development Block Grant funds in an amount not to exceed $1,000,000 from the Office
of the Governor, Department for Local Government, for the Jackson House Elevator
System Project shall be included in the City's FY2012 budget and shall be kept in a
distinct non-interest bearing account. Further, the City hereby agrees to administer the
funds, act as the legal recipient and fiscal agent for the grant and the Western Kentucky
Seniors Center Union Labor Housing Corporation shall be responsible for the local cash
match requirements of $114,100, additional expenses incurred and cost overruns.
CDBG AWARD -JACKSON HOUSE ELEVATOR SYSTEM PROJECT
LEGALLY BINDING AGREEMENT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A LEGALLY BINDING AGREEMENT BETWEEN THE CITY OF
PADUCAH AND WESTERN KENTUCKY SENIOR CITIZENS UNION LABOR HOUSING
CORPORATION TO OBTAIN A MATCHING GRANT FROM THE COMMONWEALTH OF
KENTUCKY, DEPARTMENT OF LOCAL GOVERNMENT FOR THE JACKSON HOUSE
CDBG PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby
approves the legally binding agreement between the City of Paducah, Kentucky, and Western
Kentucky Senior Citizens Union Labor Housing Corporation to be the award recipient for CDBG
funds through the Commonwealth of Kentucky, Department of Local Government for the
rehabilitation project for the Jackson House Senior Housing located at 301 South 91h Street.
Further, the Mayor is hereby authorized to execute the legally binding agreement with Western
Kentucky Senior Citizens Union Labor Housing Corporation to obtain a matching grant in the
amount of $1,000,000. The local required cash match of $114,100 and cost overruns will be
provided by Western Kentucky Senior Citizens Union Labor Housing Corporation.
CITY MANAGER REPORT
The budgeting process has started for FY2012. Department interviews were held last week with
the Finance Department.
APRIL 26, 2011
COMMISSIONER COMMENTS
No comments were made this evening.
PUBLIC COMMENTS
Joyce McKinney, JJ's Lounge and Tammie Sanders, Rockabilly's, asked the Commission to
consider amending the smoking ban ordinance to exempt bars for people over 21 years old until
the State mandates a smoking ban policy statewide.
After discussion with the Commission, the Mayor said if the Commission wants to consider the
exemption he will listen.
EXECUTIVE SESSION
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board go into
closed session for discussion of matters pertaining to the following topics:
➢ 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, Gault, Kaler, Watkins and Mayor
Paxton (5).
OPEN SESSION
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board
reconvene in Open Session.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
1u[11►f[6116A r Q191301`I
PERSONNEL CHANGES
Commissioner Gault offered motion, seconded by Commissioner Watkins, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of Paducah order
that the personnel changes on the attached list be approved.
(MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
Upon motion the meeting adjourned.
ADOPTED: May 10 , 2011
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City Clerk