HomeMy WebLinkAbout10/05/96149
OCTOBER 8, 1996
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,
October 8, 1996, Mayor Jones presided, and upon call of the roll
by the City Clerk, the following answered to their names:
Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones
(5).
DISCUSSION OF COMCAST'S PROPOSED RATE INCREASE
Attorney Tom Osborne addressed the City Commission on this
subject. He a to the Commission a document from him entitled,
"Report to the Mayor and City Commission Regarding the
Reasonableness of Cable Rate Increases Announced by Comcast
Cable of Paducah, Inc." A copy of this report is contained in
the minute file for this date.
MOTION TO DENY COMCAST INCREASE IN PART
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners deny 42 cents of the ✓
proposed 58 cent increase in Basic Cable Service Tier, thus
leaving a 16 cent increase. (As contained in the document
entitled, "Findings, Conclusions, and Order Reducing Cable
Increase Announced by Comcast Cable of Paducah, Inc.") Adopted
on call of the roll, yeas, Commissioners Coleman, Grumley,
Hornsby, Renfro and Mayor Jones (5).
NOTE:
The Mayor signed the following documents: "FINDINGS,
CONCLUSIONS AND ORDER REDUCING CABLE RATE INCREASE ANNOUNCED BY
COMCAST CABLE OF PADUCAH, INC."
�l APPROVE ACCOUNTING ORDER
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that the Board of Commissioners adopt the following
Accounting Order:
"WHEREAS, the City of Paducah has disapproved in part
the rate increase announced by Comcast Cable of Paducah, Inc.,
for its Basic Service Tier; and
"WHEREAS, the City has regulatory authority to order a
refund in the event Comcast fails to comply with said order.
"NOW, THEREFORE, it is hereby ordered, pursuant to
Section 7(d)(4) of the Cable Ordinance that Comcast Cable of
Paducah, Inc., shall keep an accurate account of all amounts
paid by individual subscribers for the Basic Service Tier
beginning November 1, 1996, and continuing for the Projected
Period of one year to which the rate increase applies.
"DATED this the 8th day of October, 1996
MAYOR AND BOARD OF COMMISSIONERS
BY: /s/ ALBERT JONES, MAYOR
ATTEST:
/s/ LENITA SMITH, CITY CLERK
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
NOTE: Mr. Ed Mount, General Manager of Comcast Cable of
Paducah, Inc., acknowledged that he has received copies of the
above documents.
150
OCTOBER 8, 1996
ORDINANCE - INTRODUCTION
NOTE: Attorney Rick Straub discussed the following ordinance
before its introduction:
CONDEMNATION PROCEEDINGS FOR EAST MALL ACCESS ROAD RIGHT-OF-WAY
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF LANDS
NECESSARY TO CONSTRUCT A PUBLIC RIGHT-OF-WAY FROM U.S. HIGHWAY
J60 ACROSS PROPERTY OWNED BY KENTUCKY OAKS MALL COMPANY, TEACHERS
RETIREMENT SYSTEM OF THE STATE OF KENTUCKY, AS LEASED TO WAL-MART
STORES, INC. AND SERVICE MERCHANDISE COMPANY, INC. AND ANY
NECESSARY TEMPORARY CONSTRUCTION EASEMENTS AND DEMONSTRATING THE
NEED FOR SAID CONDEMNATION." This ordinance is summarized as
follows: Directing the corporation counsel to institute or to
continue condemnation proceedings in McCracken Circuit Court in
the name of the City of Paducah against Kentucky Oaks all
Company, Service Merchandise Company, Inc., Teachers Retirement
Systems of the State of Kentucky and any other persons or
entities having ownership or possessory interests in the land
over which the public right-of-way shall pass as may be
necessary to allow transfer of fee simple title to the City of
Paducah.
DISCUSSION - CITY SCHOOL SYSTEM REPORT
Lyman Brown, Director of Pupil Personnel for the Paducah
JIndependent School System, discussed a recent Paducah Sun
article addressing a report by the state concerning the poverty
rate of students in the Paducah Independent School System; i.,e.,
that -the poverty rate increased from 58% for the last school
year to 63% for the current year. This is 2,060 students out of
a total enrollment of 3,256.
Mayor Jones told Mr. Brown he will give these statistics to the
GPEDC.
PROCLAMATION
Mayor Jones read a proclamation designating October 7-11, 1996
City Government Week. A copy of this proclamation is in the
minute file for this date.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the reading of the minutes for September 24, 1996,
be waived and that the minutes of said meeting as prepared by
the City Clerk be approved as written. Adopted on call of the
roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and
Mayor Jones (5).
APPOINTMENTS
HISTORICAL & ARCHITECTURAL REVIEW COMMISSION
Mayor Jones made the following appointments: "WHEREAS, subject
Jto the approval of the -Board of Commissioners, I hereby
reappoint John R. Warden as a member of the Historical and
Architectural Review Commission, which term will expire June 4,
2000.
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners approve the action of
Mayor Jones in reappointing John R. Warden as a member of the
Historical and Architectural Review Commission.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
RIVER HERITAGE CENTER BOARD
J Mayor Jones made the following appointments: "WHEREAS, subject
J to the approval of the Board of Commissioners, I hereby make the
following appointments and reappointments to the River Heritage
Center Board:
OCTOBER 81 1996
I hereby appoint Alan Sanders, Sr., as a member of
said board, which term will expire June 30, 1997.
I hereby appoint Jack Clark as a member of said board,
which term will expire June 30, 1998.
I hereby appoint E. Spivey Gault to said board to
replace Jim Marvel, who is deceased. This term will expire June /
June 30, 1997. r
M
I hereby appoint Melodie Doom Shrader as a member of
said board to replace Harry Ruth, who has resigned. This term
will expire June 30, 1998.
I hereby appoint Roberta Morse to said board to
replace Richard Holland, who has resigned. This term will
expire June 30, 1999.
I hereby make the following reappointments to said
board, which term will expire June 30, 1999:
Jim Brockenborough
Scott Garrett /
Shirley Hoy ✓
Buck Lay
Paul Ross
Paul Striegel
Jerald (Jerry) Tinkey
Capt. Jeff L. Yates
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that the Board of Commissioners approve the action of
Mayor Jones in appointing/reappointing the following individuals
to the River Heritage Center Board:
{ Alan Sanders, Sr.
Jack Clark
E. Spivey Gault
Melodie Doom Shrader
Roberta Morse
Jim Brockenborough
Scott Garrett
Shirley Hoy
Buck Lay
Paul Ross
Paul Striegel
Jerald (Jerry) Tinkey
Capt. Jeff L. Yates
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
PADUCAH PLANNING AND ZONING COMMISSION
Mayor Jones made the following appointment: WHEREAS, subject
to the approval of the Board of Commissioners, and pursuant to
the provisions of Sec. 3.001(A) and (B) of Chapter 33, City
Administrative Bodies, of the Code of Ordinances of the City of
Paducah, I hereby appoint Peyton B. Cromwell to the Paducah
Planning and Zoning Commission to replace Joe Reeves, whose term
has expired. This term will expire August 31, 2000. 41
Commissioner Grumley offered motion, seconded by Commissioner
Coleman, that the Board of Commissioners approve the action of
Mayor Jones in appointing Peyton B. Cromwell to the Paducah
Planning and Zoning Commission.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
DISCUSSIONS
Discussions were held on the following ten,items:
151
152
OCTOBER 81 1996
1. Yard Signs (Joel Scarbrough)
2. School Economical Disadvantages
3. Basketball in Noble Park (Gayle Frye)
J4. Landscaping in Noble Park (John Bichon/Gayle Frye)
5. Leaves & Trees (downtown trees)
6. House Police/Housing Authority
7. Letter to Bryan Stewart regarding Bill Beyer's RV Service
(Rick Murphy)
8. Noise & Parking at Twinkling Star
9. Holiday Parade
10. Martin Luther King Project (Tom Barnett)
(Discussion list in minute file)
R & F DOCUMENTS
Commissioner Grumley offered motion, seconded by Commissioner
Coleman, that the following documents be received and filed:
J1. Purchaser's Contract for 801 Jones Street
,/2. Contract with National Utility Products Company for Manhole
Rings for 1996-97 Fiscal Year
J3. Amended Contract for Engineering Services for Stuart Nelson
Park Road with Civil Design Group, Inc. Abatement -Phase I
J4. Contract with Department of Rural and Municipal Aid for
maintenance, reconstruction, or construction of city
streets in the amount of $323,625.00
)5. City of Paducah Police and Firefighters Pension Fund
Valuation as of July 1, 1996
�6. Paducah Water Works General Ledger Balance Sheet for Period
Ending August 31, 1996
J7. Paducah Water Works Monthly Report for September 1996
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
R & F BIDS
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that that Board of Commissioners receive and file the
following bids:
Demolition of Property at 801 Jones Street
1. Eagle Construction Co.
2. Purchaser's Contract w/Lynard Smith for 801 Jones
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
PETITION
Commissioner Renfro offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners receive and file the
following petition:
Petition oDDosina oronosed rate increase by Comcast Cable of
Paducah, Inc.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
MUNICIPAL ORDER
PERSONNEL CHANGES
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, 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)
153
OCTOBER 8, 1996
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
ORDINANCES - ADOPTION
CLOSE PORTION OF MARGARET COURT
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION
OF MARGARET COURT". This ordinance is summarized as follows:
Closing a portion of Margaret Court in the Jonquilawn
Subdivision adjacent to Block I, Lot 11 and Block F, Lot 1, and
authorizing, empowering and directing the Mayor to execute a
quitclaim deed to each of the property owners in or abutting the
public way to be closed. Adopted on call of the roll, yeas,
Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones
(5). ORD. NO. 96-10-5578; BOOK 26; PG 111
APPROVE MILNER ORR SUBDIVISION ON ALBEN BARKLEY DRIVE
Commissioner Grumley offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE
PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED SUBDIVISION
OF PROPERTY OF MILNER ORR SUBDIVISION LOCATED ON ALBEN BARKLEY
DRIVE, ACCEPTING THE DEDICATION OF RIGHT-OF-WAY AND PUBLIC
EASEMENTS, AND SETTING BOND AMOUNT". This ordinance is
summarized as follows: Approving the final report of the
Paducah Planning Commission respecting the proposed subdivision
of property of Milner Orr Subdivision located on Alben Barkley
Drive, accepting the dedication of right-of-way and public
easements, and setting bond in the amount of $69,412.00.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO.
96-10-5579; BK 26; PG :Z.3D
APPROVE LEASE W/SEAMEN'S CHURCH INSTITUTE
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND
SEAMEN'S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY, FOR LEASE
BY SEAMEN'S OF VARIOUS BUILDINGS -LOCATED AT 117 SOUTH FIRST
STREET IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY".
The foregoing title summarizes the contents of this ordinance.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO.
96-10-5580; BK 26; PG
CONTRACT WITH PADUCAH POWER SYSTEM FOR FIBER OPTIC CABLE TO
POLICE HEADQUARTERS AT 1400 BROADWAY
Commissioner Renfro offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE ELECTRIC PLANT BOARD OF THE
CITY OF PADUCAH, D/B/A PADUCAH POWER SYSTEM, AND THE CITY OF
PADUCAH, FOR INSTALLATION OF FIBER OPTIC CABLE BETWEEN THE ALLIE
MORGAN COMMUNICATION CENTER AND THE POLICE HEADQUARTER BUILDING AT
1400 BROADWAY, IN AN AMOUNT NOT TO EXCEED $17,500". This
ordinance is summarized as follows: Authorizing the Mayor to ✓
execute an Agreement between the Electric Plant Board of the City
of Paducah, d/b/a Paducah Power System, and the City of Paducah,
for installation of fiber optic cable between the Allie Morgan
Communication Center and the Police Headquarter Building at 1400
Broadway. The City agrees to reimburse Paducah Power System for
one-half the costs and expenses incurred for purchase and
installation of this cable in an amount not to exceed $17,500.
Adopted on call of the roll, yeas, Commissioners Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO.
96-10-5581; BK 26; PG ✓.
154
OCTOBER 81 1996
ORDINANCE ACCEPTING HOWLE DEMOLITION BID
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners adopt an ordinance
entitled, AN ORDINANCE ACCEPTING THE BID OF KENNETH HOWLE IN
THE AMOUNT OF $2,600 FOR DEMOLITION OF CONDEMNED STRUCTURES
LOCATED AT 1720 MONROE STREET IN THE CITY OF PADUCAH, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This
ordinance is summarized as follows: Accepting the bid of Kenneth
Howle in the amount of $2,600 for demolition of condemned
structures located at 1720 Monroe Street and authorizing the Mayor
to execute a contract for same. Adopted on call of the roll,
yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor
Jones (5). ORD. NO. 96-10-5582; BK 26; PG 2-�
ORDINANCES - INTRODUCTION
ATTORNEY FEES FOR DEMOLITIONS
Commissioner Grumley offered motion, seconded by Commissioner
Coleman, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE AUTHORIZING THE CITY TO COLLECT AND
RECOVER REASONABLE ATTORNEY FEES AND OTHER COSTS AND EXPENSES
INCURRED IN THE COLLECTION AND ENFORCEMENT OF LIENS FOR THE
J REASONABLE VALUE OR LABOR AND MATERIALS USED IN ABATING
NUISANCES". This ordinance is summarized as follows:
Authorizing the City to collect and recover from any
responsible party or parties reasonable attorney fees and other
costs and expenses incurred by the City by reason of the
collection upon and the enforcement of the responsible party or
parties' liability, and the lien which secures same, which
shall include liens for abatement of nuisance by demolition.
LITTLEVILLE SANITARY SEWER EXTENSION
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE ESTABLISHING THE AMOUNT TO BE CHARGED
FOR CONNECTING TO CITY SANITARY SEWERS CONSTRUCTED BY THE CITY
KNOWN AS LITTLEVILLE SANITARY SEWER EXTENSION, PHASE I, AND
PROVIDING FOR THE ISSUANCE OF CONNECTION PERMITS, PROVIDING FOR
THE PAYMENT OF CONNECTION CHARGES, AND PROVIDING PENALTIES FOR
VIOLATION OF THE PROVISIONS HEREOF". The foregoing title
summarizes the contents of this ordinance.
GUYLINE DRIVE SEWER SANITARY SEWER EXTENSION
Commissioner Renfro offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE ESTABLISHING THE AMOUNT TO BE CHARGED
FOR CONNECTING TO CITY SANITARY SEWERS CONSTRUCTED BY THE CITY
KNOWN AS GUYLINE DRIVE SANITARY SEWER EXTENSION, PHASE I AND
II, PROVIDING FOR THE ISSUANCE OF CONNECTION PERMITS, PROVIDING
FOR THE PAYMENT OF CONNECTION CHARGES, AND PROVIDING PENALTIES
FOR VIOLATION OF THE PROVISIONS HEREOF". The foregoing title
summarizes the contents of this ordinance.
AUTHORIZE CONTRACT RENEWAL WITH CENTRAL PAVING CO.
Commissioner Coleman offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXERCISE AN OPTION TO RENEW A CONTRACT WITH CENTRAL PAVING CO.
OF PADUCAH INC. FOR RENTAL OF VARIOUS EQUIPMENT FOR THE 1996-97
FISCAL YEAR". The foregoing title summarizes the contents of this
ordinance.
AUTHORIZE MAYOR TO EXECUTE CONSIDERATION CERTIFICATE FOR KY AVE
Commissioner Grumley offered motion, seconded by Commissioner
Coleman, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
CONSIDERATION CERTIFICATE FOR KENTUCKY AVENUE BETWEEN 27TH
STREET AND 28TH STREET". Tahis ordinance is summarized as follows:
Authorizing and directing the Mayor to execute a Consideration
Certificate included in a Quitclaim Deed whereby the Commonwealth
of Kentucky conveys to the City of Paducah that portion of
Kentucky Avenue between 27th and 28th Streets.
OCTOBER 81 1996
AMEND ORDINANCE FOR "NON -TRANSPORTATION USE OF VEHICLES AND
TRAILERS IN DOWNTOWN BUSINESS DISTRICT"
Commissioner Hornsby offered motion, seconded by Commissioner
Renfro, that the Board of Commissioners introduce an ordinance
entitled, "AN ORDINANCE AMENDING SECTION 19-173(C) OF ARTICLE
IX, 'NON -TRANSPORTATION USE OF VEHICLES AND TRAILERS IN THE
DOWNTOWN BUSINESS DISTRICT' OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as
follows: Setting forth guidelines for issuance of permits for use
of vehicles and trailers in the Downtown Business District.
EXECUTIVE SESSION
Commissioner Renfro offered motion, seconded by Commissioner
Hornsby, that the Board go into closed session for discussion
of matters pertaining to the following topics:
1. Proposed or pending litigation, as permitted by KRS
61.810(1)(c).
2. Collective bargaining with public employees, as permitted
by KRS 61.810(1)(e).
3. 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 Coleman,
Grumley, Hornsby, Renfro and Mayor Jones (5).
At the conclusion of the executive session the Board reconvened
in open session, whereupon the Mayor announced there was no
further business.
Upon motion the meeting adjourned.
ADOPTED: OCTOBER 22, 1996
r
4tCdlerk
minute 8 . c>=,r_
Mayor
155