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Home My WebLink About12-13-2016DECEMBER 13, 2016 At a Regular Meeting of the Board of Commissioners, held on Tuesday, December 13, 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). PRESENTATION CHRISTMAS PARADE FLOAT WINNERS Parks Services Department Special Event Coordinator Molly Tomasallo presented Christmas Parades awards to the following winners: Themed Float 5t Place - Cub Scout Pack #20 4th Place — Girl Scouts of Kentuckiana, Paducah Reidland 3`d Place — BFW/Marcum Engineering 2nd Place — Girl Scout Troop # 1778 1St Place — Cub Scout Pack #2018 Non -Float 3` Place - Black Sheep Off-Roading 2nd Place - Blackburn Farms 1St Place - Goodwin Farms School Float 3`d Place - McCracken County High School Pep Club 2nd Place — Murray State University, Paducah Campus 1St Place — St. Mary School System Drill Team 2"Pd lace - Silver Lining Homeschool Colorguard 1St Place - Paducah Quickstep Cloggers Band 2 Place — McCracken County High School 1 St Place — Paducah Tilghman High School Religious Float 3` Place — Trinity United Methodist Church 2nd Place — Highland Cumberland Presbyterian Church 1St Place — Milburn Chapel Cumberland Presbyterian Church MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the December 6, 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). ITI 1"1110 R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Liability Insurance: a. Johnston Fire Services, LLC b. Danny Cope & Sons C. Youngblood Excavating d. Will Thomas e. AST Environmental, Inc. 2. Right of Way Bonds for Will Thomas and AST Environmental 3. Quitclaim Deed with Lots of Wheels, LLC and Maegah Properties & Development, Inc. for Floodwall Remnants (ORD 2016-10-8437) 4. Deed with Jenny Hari -Keeling & Seth Keeling for 2400 Spruce Street (MO 1943) 875 r- Fl---,- DECEMBER 13, 2016 5. Contracts/Agreements: a. Franchise Extension Agreement with Comcast Cable, Heartland Region (ORD 2016-12-8455) b. One -Year Renewal Agreement with Harper Construction, LLC for Concrete Program (ORD 2015-05-8235) C. Grant Agreement with US Department of Homeland Security for 2016 Port Security Grant (ORD 2016-09-8424) d. Community Development Block Grant Agreement with the Kentucky Department for Local Government for Four Rivers Recovery Center (ORD 2016-11-8450) 6. Paducah Water Works Financial Highlights for October 2016 BIDS FOR PLANNING DEPARTMENT 151 Clements Street 1. Kenneth W Knight *denotes accepted bid 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. (SEE MUNICIPAL ORDER BOOK) Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). DECLARATION AND SALE OF SURPLUS PROPERTY LOCATED AT 151 CLEMENTS STREET Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF KENNETH W. KNIGHT IN THE AMOUNT OF $100 PLUS RECORDING AND DEED PREPARATION FEES FOR REAL PROPERTY LOCATED AT 151 CLEMENTS STREET AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE," be adopted. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). M.O.#1945; BK 9 ORDINANCES — ADOPTION APPROVE FINAL SUBDIVISION FOR GREENWAY VILLAGE PHASE 2 Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8456; BK 34 876 DECEMBER 13, 2016 ACCEPT BID FOR POLICE OFFICERS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8457; BK 34 OFFICIALLY ASSIGN A NAME FOR THE NEWLY CONSTRUCTED ROADWAY ASSOCIATED WITH THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD. 2016-12-8458; BK 34 ACCEPTANCE OF DELTA REGIONAL AUTHORITY GRANT FOR RECONSTRUCTION OF FLOODWALL PUMP STATION NO.2 Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8459; BK 34 FY2016 FINAL REVISED BUDGET ORDINANCE Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt 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: FUNDS APPROPRIATIONS GENERAL $ 34,237,445 MAP 1,338,670 INVESTMENT 5,208,985 CDBG 737,500 E911 1,464,120 877 DECEMBER 13, 2016 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 Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8460; BK 34 $3.0 MILLION BORROWING ISSUE FOR DOME RELOCATION AND CAPITAL NEEDS FOR CONVENTION CENTER 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 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 finance 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 Pledge. Pursuant to the Constitution of the Commonwealth 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 878 DECEMBER 13, 2016 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8461; BK 34 SPECIFYING CERTAIN PUBLIC OFFICIALS TO HAVE AUTHORITY OF CITATION OFFICERS Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-12-8462; BK 34 REPEALING AND REPLACING THE NUISANCE CODE ORDINANCE Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt 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: 879 DECEMBER 13, 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. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORDN2016-12=I BK 34 &I &Z> -M CITY MANAGER REPORT WATER RESOURCE DEVELOPMENT ACT Both houses of Congress have passed the WRDA Bill meaning the City's floodwall reconstruction project and will be starting the appropriation process. $3.0 MILLION LOAN FOR THE DOME RELOCATION AND RENOVATIONS TO THE JULIAN CARROLL EXPO CENTER -BILL AND MEREDITH SCHROEDER EXPO CENTER Last night the McCracken County Fiscal Court passed an ordinance authorizing an Inter -local Agreement with the City for funds collected by the county from the 2% transient room tax to be used as the revenue stream to pay the loan. BROADWAY/JEFFERSON STREET CONVERSION PROJECT Reminder that the meeting for public input will be held December 15th at 7:00 p.m. at the Julian Carroll Convention Center. NEXT STEPS WORKSHOP PRIORITIES A committee of staff members have been researching how cities have established criteria to rank capital improvement projects. In January, department directors and the city manager will hold a workshop for the commission to select the criteria which will be used to rank capital improvement projects. 880 DECEMBER 13, 2016 STORMWATER PLAN Next month the City Engineer will be bringing forward a contract proposal for the stormwater management plan. ADOPTED: January 3, 2017 City Clerk 881 Mayor I T ! � _ I -[- I- --, ---- --- , .1 . --F77 -'" 7-- 1 1 1 �. 11 -1 ., .., �-, ---,