HomeMy WebLinkAbout05/09/0659
MAY 9, 2006
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers
of City Hall at 6:00 p.m., Tuesday, May 9, 2006, Mayor Paxton presided, and upon call
of the roll by the City Clerk, the following answered to their names: Commissioners
Coleman, Guess, Sirk, Smith and Mayor Paxton (5).
ADDITION/DELETION
The City Manager added VII (H), Agreement for Tourism Signage Along I-24, as an
ordinance introduction to the agenda.
` CITIZEN COMPLAINT
Dale Perry, citizen, made a complaint that a city firefighter, while campaigning at his
residence, had left a nasty note on a campaign flyer regarding a political sign he had in
his front yard. The Mayor and Commission apologized to Mr. Perry and said the City
will take some type of action against the firefighter.
STATUS OF COMCAST FRANCHISE NEGOTIATIONS
Greg Mueller, Director of Information Systems, said at this time the Cable Authority is
working on two documents for cable franchise renewal, the ordinance and the franchise
agreement with Comcast. The ordinance is ready but the agreement is still in the
negotiation process with Comcast. Several key items in the agreement such as the
upgrade of cable system from 550MHz system to a 750MHz, customer service, and
funding for PEG Access channels are being negotiated. Mr. Mueller also informed the
Board that language is in the contract so that Comcast cannot just leave the area in the
event something should happen regarding cable regulations at the State level. If Comcast
does not reach an agreement with the City, the City will enter into formal process to
challenge continuation of the Comcast franchise. This could be lengthy and expensive.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
reading of the Minutes for April 18, April 25, and May 2, 2006, be waived and that the
Minutes of said meeting prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
APPOINTMENTS
PADUCAH AREA TRANSIT AUTHORITY
Mayor Paxton made the following appointment and reappointments: "WHEREAS,
subject to the approval of the Board of Commissioners, I hereby appoint Len Ogden, Jr.,
as a member of the Paducah Area Transit Authority, to replace Rollie France, whose term
has expired. This term will expire June 30, 2008; and
WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint
Brian Carner, Mark Davis, and William W. Cox, Jr. as members of the Paducah Area
Transit Authority. These term will expire June 30, 2009."
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners approve the action of Mayor Paxton in appointing Len Ogden,
Jr., and reappointing Brian Carner, Mark Davis, and William W. Cox, Jr., as members of
the Paducah Area Transit Authority.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
PADUCAH CABLE COMMUNICATIONS AUTHORITY
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Richard Grana as a member of the
Paducah Cable Communications Authority. This term will expire October 15, 2009."
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Richard Grana as a
member of the Paducah Cable Communications Authority.
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MAY 9, 2006
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
following documents and bids be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) Central Paving Company of Paducah
(b) Galloway Plumbing Inc.
(c) H & G Construction Company
(d) Schmitt Concrete, Inc.
Payment Bond:
(a) Central Paving Company of Paducah, Inc.
(b) H & G Construction Company, Inc.
Performance Bond:
(a) Central Paving Company of Paducah, Inc.
(b) H & G Construction Company, Inc.
2. Contracts/Agreements:
(a) Central Paving Company for Equipment Rental during 2006 and 2007
(2006-4-7100)
(b) North American Salt Company for Bulk Ice Control Rock Salt (2006-4-
7101)
(c) Federal Materials Company, Inc. for Portland Cement (Concrete) (2006-4-
7102)
(d) H & G Construction Company, Inc. for the 2006 Street Resurfacing
Program (2006-4-7103)
(e) EBC Master Plan Document Amendment #9A to the City of Paducah
Employee Benefit Plan Document (M.O. 12 10) '
(f) Paducah Housing Authority Reimbursement Agreement for Storm Sewer
Repair in Ella Munal Court (2006-4-7109)
(g) Interlocal Agreement Among McCracken County, the City of Paducah,
and the Purchase Area Development District for Staff Services (2006-4-
7106)
(h) Civil Design Group, Inc. Engineering Service Agreement for the Olive
Church road Improvement Project (2006-4-7111)
3. Deeds:
(a) Commissioner's Deed — 100 1 Harrison
(b) Deed of Conveyance — 5045 Alben Barkley Drive (2006-3-7096)
(c) Deed of Conveyance — 202 Colonial Drive (2006-3-7098)
(d) Deed of Conveyance — 245 Pecan Drive (2006-3-7097)
4. Forest Hills Village FY06-07 Operating Budget
5. Paducah Water Works Financial Highlights for March 2006
BIDS
PUBLIC WORKS DEPARTMENT/REFUSE DIVISION
FRONT -LOADING REFUSE CONTAINERS
1. Wastequip Holt
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
MUNICIPAL ORDERS
CREATE SUPERINTENDENT POSITION IN PUBLIC WORKS DEPARTMENT
Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2,
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MAY 9, 2006
CLASSIFICATIONS/ PAY SCHEDULES FOR NON -CIVIL SERVICE, POLICE AND
FIRE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). M.O.#1211; BK 6; PG
PERSONNEL CHANGES
Commissioner Smith offered motion, seconded by Commissioner Guess, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of
Paducah order that the personnel changes on the following list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
PRESERVE AMERICA GRANT APPLICATION
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
APPLICATION FOR A PRESERVE AMERICA MATCHING GRANT IN THE
AMOUNT OF $150,000, FROM THE NATIONAL PARK SERVICE FOR
ASSISTANCE IN THE DEVELOPMENT OF MARKETING PADUCAH AS A
HISTORIC AND CULTURAL TOURIST DESTINATION," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). M.O.#1212; BK 6; PG
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR
FOUNTAIN AVENUE REVITALIZATION PROJECT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, `A MUNICIPAL ORDER AUTHORIZING THE
APPLICATION FOR A MATCHING GRANT IN THE AMOUNT OF $1,000,000,
FROM THE GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE FOUNTAIN AVENUE
NEIGHBORHOOD REVITALIZATION PROJECT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). M.O.#1213; BK 6; PG
2007 GOVERNOR'S HIGHWAY SAFETY PROGRAM FOR POLICE DEPT.
Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE A GRANT APPLICATION WITH THE KENTUCKY STATE
POLICE FOR A GOVERNOR'S HIGHWAY SAFETY PROGRAM GRANT," be
adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). M.O.#1214; BK 6; PG
ORDINANCE — EMERGENCY
AMEND GENERAL ASSEMBLIES ORDINANCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AMENDING CHAPTER 98, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY." This ordinance is summarized as follows: Amending regulations for
General Assemblies to exclude peddlers and solicitors from all General Assemblies
unless allowed by the General Assemblies permit.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). ORD.#2006-5-7114; BK 30; PG
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MAY 9, 2006
ORDINANCES — ADOPTION
PURCHASE SPRAYER POTHOLE PATCHER FOR PUBLIC WORKS
DEPARTMENT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID FOR SALE TO THE CITY OF A SPRAY POTHOLE PATCHER FOR USE
IN THE PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows:
The City of Paducah accepts the bid of CMI Equipment Sales, Inc., in the total amount of
$48,895.00, for a spray pothole patcher for use in the Public Works Department, said bids
being in substantial compliance with bid specifications, and as contained in the bids of
CMI Equipment Sales, Inc., of April 12, 2006.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). ORD.#2006-5-7115; BK 30; PG
2006 KENTUCKY COMMUNITY PREPAREDNESS REIMBURSEMENT
PROGRAM
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATING THERETO WITH THE KENTUCKY JUSTICE AND
PUBLIC SAFETY CABINET FOR A 2006 COMMUNITY PREPAREDNESS
REIMBURSEMENT PROGRAM GRANT." This ordinance is summarized as follows:
The Mayor is hereby authorized and directed to execute all documents necessary with the
Kentucky Justice and Public Safety Cabinet to obtain a reimbursement grant in the
amount of $10,000.00 to purchase eligible security equipment for City Hall as part of the
Vulnerability Assessment of Paducah completed by the Police Department.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). ORD.#2006-5-7116; BK 30; PG
ACQUISITION OF PROPERTY FOR THE PECAN DRIVEBUCKNER LANE
ROADWAY IMPROVEMENT PROJECT
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS
NECESSARY FOR ACQUISITION OF REAL PROPERTIES LOCATED AT 220
PECAN DRIVE AND 230 PECAN DRIVE FOR THE PECAN DRIVEBUCKNER
LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as
follows: The Mayor is hereby authorized to execute a Deed of Conveyance and all
documents relating to same, with Baptist Healthcare System, Inc., aka Western Baptist
Hospital for acquisition of real properties located at 220 Pecan Drive in the amount of
$26,730.00 and 230 Pecan Drive in the amount of $21,340.00 to be used for right of way
for the development of the Pecan Drive/Buckner Lane Roadway Improvement Project.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). ORD.#2006-5-7117; BK 30; PG
APPROVE CLOSURE OF AN UNIMPROVED ALLEY OFF SOUTH 8TH
STREET
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDNG FOR THE
CLOSING OF AN UNIMPROVED ALLEY LOCATED OFF SOUTH 8TH STREET,
ANDAUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY
DOCUMENTS FOR COMPLETION OF SAID CLOSING." This ordinance is
summarized as follows: The City of Paducah does hereby authorize the closing of an
unimproved alley located off South 8t' Street, and fin-ther, authorizes, empowers and
directs the Mayor to execute a quitclaim deed from the City to the property owners in or
abutting the public ways to be closed.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5). ORD.#2006-5-7118; BK 30; PG
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MAY _9, 2006
ORDINANCES — INTRODUCTION
DEED OF CORRECTION FOR 1640 SOUTH 6TH STREET
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVING
A DEED OF CORRECTION AND QUITCLAIM DEED TO KIWANIS CLUB OF
SOUTH PADUCAH, INC." This ordinance is summarized as follows: The City of
Paducah hereby authorizes the Mayor to execute a deed of correction and quitclaim deed
to Kiwanis Club of South Paducah, Inc., for property located at 1640 South 6th Street.
CHANGE ORDER #1 FOR THE PECAN DRIVEBUCKNER LANE ROADWAY
IMPROVEMENT PROJECT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC FOR THE PECAN
DRIVEBUCKNER LANE ROADWAY IMPROVEMENT PROJECT." This ordinance
is summarized as follows: Authorize Mayor to execute Change Order No.1 in the
amount of $235,769.32 with Jim Smith Contracting Company, LLC, in order to finalize
the Pecan Drive/Buckner Lane Roadway Improvement Project for a total project cost of
$3,872,145.76.
MUNICIPAL AID COOPERATIVE AGREEMENT FOR CONSTRUCTION,
MAINTENANCE, AND RECONSTRUCTION OF STREETS
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE DEPARTMENT OF
RURAL AND MUNICIPAL AID, COMMONWEALTH OF KENTUCKY, AND THE
CITY OF PADUCAH, KENTUCKY, FOR MAINTENANCE, RECONSTRUCTION,
OR CONSTRUCTION OF CITY STREETS." This ordinance is summarized as follows:
That the Mayor is hereby authorized to execute a contract between the Department of
Rural and Municipal Aid, Commonwealth of Kentucky, and the City of Paducah,
Kentucky, for maintenance, reconstruction, or construction of city streets for fiscal year
2006-2007.
REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED
FOR THE PECAN DRIVEBUCKNER LANE ROADWAY IMPROVEMENT
PROJECT
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT FOR GAS
CONSTRUCTION REQUIRED FOR THE PECAN DRIVEBUCKNER LANE
ROADWAY PROJECT." This ordinance is summarized as follows: That the City of
Paducah hereby authorizes the Mayor to execute an agreement between Atmos Energy
and the City of Paducah, Kentucky, for reimbursement for actual labor and materials
necessary for gas construction to complete the Pecan Drive/Buckner Lane Roadway
Project, estimated at $29,500.00.
REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED
FOR THE PECAN DRIVE/BUCKNER LANE ROADWAY IMPROVEMENT
PROJECT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT
FOR GAS CONSTRUCTION REQUIRED FOR THE OLIVET CHURCH ROAD LEFT
TURN LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is
summarized as follows: That the City of Paducah hereby authorizes the Mayor to
execute an agreement between Atmos Energy and the City of Paducah, Kentucky, for
reimbursement for actual labor and materials necessary for gas construction to complete
the Olivet Church Road Left Turn Lane Roadway Improvement Project, estimated at
$6,000.00.
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MAY 9, 2006
PURCHASE OF AUTOMATED SIDEARM LOADER
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID OF MUNICIPAL EQUIPMENT, INC., FOR SALE TO THE
CITY OF ONE AUTOMATED SIDEARM LOADER FOR USE BY THE SOLID
WASTE DIVISION/PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized
as follows: The City of Paducah accepts the bid of Municipal Equipment, Inc., in the
amount of $214,490.14, for sale to the City of one automated sidearm loader, for use by
the Solid Waste Division/Public Works Department, and authorizes the Mayor to execute
a contract for same.
PURCHASE FRONT -LOADING REFUSE CONTAINERS
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID OF WASTEQUIP HOLT FOR THE PURCHASE OF FRONT -LOADING REFUSE
CONTAINERS 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 Wastequip Holt in an amount not to exceed $40,000.00, for furnishing
the City with refuse containers, of various sizes, for use by the Public Works
Department/Solid Waste Division, and authorizes the Mayor to execute a contract for
same.
AGREEMENT FOR TOURISM SIGNAGE ALONG I-24
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A LIMITED SUPPLEMENTAL
GUIDE SIGNS AGREEMENT WITH KENTUCKY TRANSPORTATION CABINET."
This ordinance is summarized as follows: That the Mayor is hereby authorized and
directed to execute a Limited Supplemental Guide Signs Agreement with the Kentucky
Transportation Cabinet, in an amount not to exceed $12,000.00, for the following
attractions: Paducah Lowertown Arts District, National Quilt Museum, Players
Bluegrass Downs, Carson Center, and River Heritage Museum.
CITY MANAGER REPORT
• Calendar Items
Herschel Dungey, Human Resources Director, distributed an updated listing of
the City's current African-American/Minority managerial and supervisory
employees. (A copy is in the minute file.)
COMMISSIONER CONCERNS
Commissioner Smith asked for an update regarding the city/county soccer complex. At
this time the County is looking at three possible sites.
Commissioner Guess requested Rick Murphy, Director of Engineering, explain the
procedure for closing an alley. He has had inquiries from citizens.
Commissioner Sirk has been contacted by a citizen regarding the condition of property
located at 810 North 25th Street. Can anything be done? Mr. Scarbrough, Chief
Building Inspector, informed Mr. Sirk that the City could not do anything to the property
because it is in foreclosure proceedings.
Upon motion the meeting adjourned. -
ADOPTED: May 23 , 2006
JMM�77"Mlltck
City Clerk