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Home My WebLink About12-06-2016DECEMBER 6, 2016 At a Regular Meeting of the Board of Commissioners, held on Tuesday, December 6, 2016, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). PLEDGE OF ALLEGIANCE Daniel Willett, sixth grader from St. Mary Middle School, led the pledge. PRESENTATIONS STUDENT CHRISTMAS ORNAMENT CONTEST WINNERS - Mayor Gayle Kaler presented awards for the Mayor's Student Christmas Ornament Contest. Aiden Chino received the first place award for the K -3rd grade category. Emmy Seaton received the first place award with Ella Crider receiving the second place award for the 4th -8th grade category. Eric Gericke received the first place award for the 9th -12th grade category. EMPLOYEE SERVICE AWARDS City Manager Jeff Pederson presented employee service awards and certificates to the following employees: • Section 8 Division of Planning Department: Donna Swift (30 years) • Finance Department: Jonathan Perkins (25 years) • General Government: Tammy Sanderson (25 years) • Fire Department: Jeff Montgomery (25 years) and Barry Carter (25 years) • Engineering -Public Works: William Shelby (20 years), Rick Murphy (20 years), and Calvin Meadows (20 years) PROCLAMATION PALLISTER-KILLIAN SYNDROME Mayor Kaler read a proclamation that proclaimed December 4, 2016, as "Pallister -Killian Syndrome Awareness Day." MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the November 29, 2016, City Commission meeting be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MOTION R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents and bids be received and filed: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah, Kentucky for Tuesday, November 22, 2016 2. Certificates of Liability Insurance: a. Moser Construction, LLC b. Burnett Custom Homes C. Wilkins Construction Company, Inc. 3. Right of Way Bond for Burnett Custom Homes, Inc. 4. Quitclaim Deed with Roger Kendall for 1418 Walter Jetton Boulevard (MO 1909) 5. Contracts/Agreements: a. Agreement, Notice To Proceed, Labor & Material Payment Bond, Contractor Notice, and Nondiscrimination in Employment with Wilkins Construction Company, Inc. for Paducah Health Park Project Phase 1 (ORD 2016-11-8451) b. Short Form Agreement with HDR Engineering for Greenway Trail Phase 4 Project (ORD 2016-11-8443) C. Agreement with HDR Engineering for Professional Engineering Services for Flood Pump Stations #2 & #9 (ORD 2016-8-8410) 868 DECEMBER 6, 2016 6. City of Paducah Financial Report for Period Ending September 30, 2016Paducah Transit Authority Financial Statements with Independent Auditor's Report for Year Ended June 30, 2016 7. Electric Plant Board of the City of Paducah DBA Paducah Power System Financial Statements for Years Ended June 30, 2016 and 2015 BIDS FOR POLICE DEPARTMENT Police Department Uniforms 1. Galls, LLC * Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MUNICIPAL ORDER PERSONNEL ACTIONS Commissioner Rhodes offered motion, seconded by Commissioner Wilson, 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORDINANCES — ADOPTION AUTHORIZE FINANCE DIRECTOR TO MAKE PAYMENT FOR ARCHITECTURAL & DESIGN SERVICES FOR POLICE DEPARTMENT ANNEX Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO i5 DESIGN GROUP, INC., FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE POLICE DEPARTMENT ANNEX." This Ordinance is summarized as follows: That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $22,634.35 to i5 Design Group, Inc., for architectural and design services for the Paducah Police Department Annex. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8453; BK 34 PAY FOR FENCING FOR POLICE DEPARTMENT ANNEX Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO MORRIS FENCING FOR FENCING FOR THE POLICE DEPARTMENT ANNEX." This Ordinance is summarized as follows: That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $24,390 to Morris Fencing for fencing for the Paducah Police Department Annex. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8454; BK 34 AMENDMENT TO CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY GRANTING COMCAST CABLE, HEARTLAND REGION FORMERLY KNOWN AS COMCAST OF THE SOUTH, L.P. A FRANCHISE EXTENSION THROUGH APRIL 11, 2017." This ordinance is summarized as follows: The Franchise Agreement between the City of Paducah and Comcast Cable, Heartland Region formerly known as Comcast of the South, L.P., is hereby amended by extending the term of the Franchise from November 2, 2016 through and including April 11, 2017. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8455; BK 34 869 DECEMBER 6, 2016 ORDINANCES — INTRODUCTION APPROVE FINAL SUBDIVISION FOR GREENWAY VILLAGE PHASE 2 Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR GREENWAY VILLAGE SUBDIVISION — PHASE 2; ACCEPTING ALL PUBLIC IMPROVEMENTS, EASEMENTS AND RIGHT OF WAY; AND AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE PLAT." This ordinance is summarized as follows: An Ordinance approving the final report of the Paducah Planning Commission on the proposed final subdivision for property known as the Greenway Village Subdivision — Phase 2; accepting all public improvements, dedication of right of way and public utility easements. In addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat. ACCEPT BID FOR POLICE OFFICERS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF GALLS, LLC FOR THE PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of Galls, LLC for uniforms for employees in the Police Department at the uniform unit prices contained in the bid dated November 12, 2016, for a period of two years beginning upon execution of the contract, and authorizing the Mayor to execute said contract. OFFICIALLY ASSIGN A NAME FOR THE NEWLY CONSTRUCTED ROADWAY ASSOCIATED WITH THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OFFICIALLY NAMING A PORTION OF THE NEWLY CONSTRUCTED FIVE -LANE ROADWAY AS NEW HOLT ROAD, WHICH HAS BEEN COMPLETED AS PART OF THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT." This Ordinance is summarized as follows: That the name of a portion of a newly constructed five -lane roadway originating at the intersection of Hinkleville Road and New Holt Road and proceeding through Kentucky Oaks Mall to the intersection of the existing reconstructed three -lane portion of Olivet Church Road be New Holt Road. ACCEPTANCE OF DELTA REGIONAL AUTHORITY GRANT FOR RECONSTRUCTION OF FLOODWALL PUMP STATION NO.2 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 ALL DOCUMENTS NECESSARY BETWEEN THE DELTA REGIONAL AUTHORITY AND THE CITY OF PADUCAH FOR A COMMUNITY INFRASTRUCTURE FUND (CIF) MATCHING GRANT FOR THE FLOODWALL PUMP STATION NO.2 REHABILITATION PROJECT." This Ordinance is summarized as follows: The Mayor is hereby authorized to execute all documents necessary with the Delta Regional Authority for a Community Infrastructure Fund matching grant award in the amount of $400,000 for the Floodwall Pump Station No. 2 Rehabilitation Project. The projected cost is estimated to be $5,105,000 which will be provided from the City's FY2017 budget and meet the 10% required grant match. FY2016 FINAL REVISED BUDGET ORDINANCE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY FINAL ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2015, THROUGH JUNE 30,2016." This Ordinance is summarized as follows: The City of Paducah hereby adopts a final budget for FY2016 that reflects all adjustments made throughout the fiscal year and any adjustments required by the independent financial auditors. The appropriations of City Government for a total of $74,510,750, and summarized by fund as follows: 870 -- T - DECEMBER 6, 2016 FUNDS APPROPRIATIONS GENERAL $ 34,237,445 MAP 1,338,670 INVESTMENT 5,208,985 CDBG 737,500 E911 1,464,120 COURT AWARDS 30,375 DEBT 3,081,865 CIP 13,872,675 BOND FUND 1,274,360 SOLID WASTE 4,691,660 CIVIC CENTER 142,560 RENTAL 159,705 RADIO DEPR 166,815 FLEET 511,715 FLEET TRUST 1,009,955 SELF INSURANCE 1,194,345 HEALTH INS 3,938,110 AEPF/PFPF/TRSTS 1,449,890 $74.510.750 $3.0 MILLION BORROWING ISSUE FOR DOME RELOCATION AND CAPITAL NEEDS FOR CONVENTION CENTER Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING AND APPROVING A GENERAL OBLIGATION LEASE WITH COMMUNITY FINANCIAL SERVICES BANK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000 TO PROVIDE FINANCING FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF IMPROVEMENTS TO THE JULIAN CARROLL CONVENTION CENTER, INCLUDING RELATED AND APPURTENANT COSTS; PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASE; CREATING A SINKING FUND; AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE; MAKING CERTAIN DESIGNATIONS REGARDING SUCH LEASE; AND AUTHORIZING AND APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY OF MCCRACKEN, KENTUCKY TO PROVIDE ADDITIONAL SOURCES OF PAYMENT FOR THE PRINCIPAL OF, AND INTEREST ON, SUCH LEASE." This Ordinance is summarized as follows: The Ordinance authorizes the City of Paducah, Kentucky (the "City") to (i) execute and deliver a general obligation lease agreement (the "Financing Lease") in the maximum aggregate principal amount of $3,000,000 with Community Financial Services Bank (the "Financing Lessor") in order to (mance improvements to the Julian Carroll Convention Center, and (ii) an Interlocal Cooperation Agreement (the "Interlocal Agreement") with the County of McCracken, Kentucky (the "County"), whereby the County will remit to the City a portion of certain taxes collected by the County under Sections 91A.390 and 91A.392 of the Kentucky Revised Statutes, as amended, in order to provide funds to the City to pay, or reimburse the City for the payment of, debt service on the Financing Lease. The Ordinance approves the forms of the Financing Lease and the Interlocal Agreement presented to the City Commission of the City and authorizes the Mayor and City Clerk to execute the Financing Lease and the Interlocal Agreement with such changes therein as shall not be adverse to the City and as may be approved by the Mayor and City Clerk. The Ordinance further provides for a general obligation pledge to assess sufficient taxes to comply with the obligations to pay lease payments under the Financing Lease. The full text of the section relating to the pledge to levy and assess a tax to pay the Financing Lease is as follows: "Section 2. General Obligation Pledgee. Pursuant to the Constitution of the Commonwealth 871 DECEMBER 6, 2016 and Chapter 66 of the Kentucky Revised Statutes, as amended (the "General Obligation Statutes"), the obligation of the City created by the Financing Lease shall be a full general obligation of the City and, for the prompt payment of the Lease Payments (as defined in the Financing Lease), the full faith, credit and revenue of the City are hereby pledged. During the period the Financing Lease is outstanding, there shall be and there hereby is levied on all the taxable property in the City, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the Financing Lease Payments on the Financing Lease when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof; provided, however, that in each year to the extent that the other taxes or revenues of the City are available for the payment of the Lease Payments and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such other taxes or revenues so available and appropriated. SPECIFYING CERTAIN PUBLIC OFFICIALS TO HAVE AUTHORITY OF CITATION OFFICERS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2-591(B) AND MODIFYING ITS CONTENT BY SPECIFYING WHAT PUBLIC OFFICIALS HAVE THE AUTHORITY OF CITATION OFFICER UNDER THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This Ordinance amends section 591 of Chapter 2 of the Paducah Code of Ordinances to add and delete what public officials are citation officers under the Code of the City of Paducah. REPEALING AND REPLACING THE NUISANCE CODE ORDINANCE Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled "AN ORDINANCE COMPLETELY REPEALING CHAPTER 42, SECTION 1 THRU 100, THE NUISANCE CODE AND RELATED ORDINANCES AND REPLACING THEM IN THEIR ENTIRETY WITH A CODE ENFORCEMENT BOARD AND RELATED ORDINANCES, THUS REVISING CHAPTER 42, 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 code enforcement board for the purpose of regulating and enforcing nuisances, property maintenance and other code ordinances, that are to be adopted herein, and for allowing the imposition of remedial measures, fees and/or fines, which will be published as follows in accordance with Kentucky Revised Statutes. Sec. 42-43. - Ordinance fine schedule. Violations of ordinances that are enforced by the 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 inspection: If the code enforcement officer is required to make inspections beyond the initial inspection and one additional follow-up inspection, to determine if the required corrections have been made, then the Code Enforcement Board shall assess the following fines not to exceed the value of the property as determined by the Property Valuation Administrator: Inspections 3rd Inspection and All Subsequent Inspections Abandoned Vehicles and Appliances, Grass, Weeds, Litter, Solid $100.00 Waste, Other Nuisances Defined By 42-50(a)(1-7) (b) If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the board per inspection not to exceed the value of the property as recorded by the Property Valuation Administrator: 872 -- -r [ ,,- _ _I -I �, i "--]u DECEMBER 6, 2016 Inspections 3rd Inspection 4th Inspection 5th Inspection and All Subsequent Inspections Property Maintenance $250.00 $350.00 $500.00 Sec. 42-44. - Lien; fines, charges, abatement costs, fees, penalties, attorney fees and costs. (a) The city shall possess a lien on the property owned by the person found by a non - appealable final order, or by a final judgment of the court, to have committed a violation of the code for all fines assessed for the violation and for all charges, costs, penalties, abatement costs, and fees, including without limitation attorney's fees and a $30.00 administration fee, incurred by the city in connection with the enforcement of the code. The lien shall bear interest at the rate of four percent per annum until paid. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to KRS 65.8839. (b) A notice of the lien may 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 until paid. The lien shall continue for ten (10) years following the date of the nonappealable final order or final court judgment. (c) Subject to section 42-45(i), the lien shall take precedence over all other liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings, including a foreclosure action. (d) In addition to the remedy prescribed in subsection (a), the person found to have committed the violation shall be personally liable for the amount of all fines assessed for the violation and for all charges, costs, penalties, abatement costs, and fees, including without limitation attorney's fees and a $30.00 administration fee, incurred by the city in connection with the enforcement of the code. The aforesaid amount shall bear interest at the rate of four percent per annum until paid. The city may bring a civil action against the responsible owner or owners 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 owner or owners all attorney fees and others costs incurred by the city by reason of the collection upon and enforcement of the responsible owner's or owners' liability hereunder and the lien which secures the same. (f) Upon payment, determination of the Code Enforcement Board or Court order, the city shall be authorized to release any lien filed hereunder and recorded in the Office of the County Clerk. CITY MANAGER REPORT BROADWAY/JEFFERSON STREET CONVERSION City Planner II, Sheryl Chino, announced the Planning Department will be hosting a public meeting for the Broadway/Jefferson Street Conversion Project on December 15th at the Julian Carroll Convention Center from 5:00 to 7:00 p.m. Planning Staff and HDR Engineering will be there to answer questions and provide information for the public to view. NEXT NEIGHBORHOOD REVITALIZATION PROJECT City Manager Pederson reported the Planning Department has given the Urban Renewal Board a packet of information for five prospective neighborhoods that the Board will review to be able to make a recommendation to the Board of Commissioners for the next neighborhood revitalization project. THE MUNIS PROJECT Michelle Smolen, Assistant to the City Manager and project manager for the Enterprise Resource Planning software project, provided an update to the Board. The project is now called "The Munis Project." Currently the staff team is working on Phase 1, Financials, Purchasing and Fixed Assets. There are six phases to the project with the goal to have all phases implemented by 2020. City Manager Pederson requested an executive session to discuss proposed or pending litigation. EXECUTIVE SESSION Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board go into closed session for discussion of matters pertaining to the following topic(s): 873 DECEMBER 6, 2016 Proposed or pending litigation, as permitted by KRS 61.810(1)(c). Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ADOPTED: December 13, 2016 City Clerk Mayor 874