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HomeMy WebLinkAbout06/28/05574 JUNE 28, 2005 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, June 28, 2005, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). Commissioner Guess was absent (1). MINUTES Commissioner Coleman offered motion, seconded by Commissioner Smith, that the reading of the Minutes for June 14th and June 21St, 2005, 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, Sirk, Smith and Mayor Paxton (4). APPOINTMENTS RIVER HERITAGE CENTER BOARD Mayor Paxton made the following appointment and reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint John Operle to the River Heritage Center Board. This term will expire June 30, 2008; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint the following individuals to the River Heritage Center Board. These terms will expire June 30, 2008: Guthrie Allen Tina Hayes Jim Brockenborough Shirley Hoy Bill Dyer Scott Garnett Bruce Hahn Buc Lay Gerry Montgomery Don Salsbury" Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in appointing and reappointing the following individuals to the River Heritage Center Board: John Operle Guthrie Allen Tina Hayes Jim Brockenborough Shirley Hoy Bill Dyer Buc Lay Scott Garnett Gerry Montgomery Bruce Hahn Don Salsbury Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). HISTORICAL AND ARCHITECTURAL REVIEW COMMISSION Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Michael D. McDowell as a member of the Historical and Architectural Review Commission. This term will expire June 4, 2008." Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Michael D. McDowell as a member of the Historical and Architectural Review Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). BOARD OF ASSESSMENT APPEALS Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mary Hoy as a member of the Board of Assessment Appeals. This term will expire June 30, 2008." Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Mary Hoy as a member of the Board of Assessment Appeals. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). 575 JUNE 28, 2005 PADUCAH-MCCRACKEN COUNTY SENIOR CITIZENS BOARD Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mary Jean Grief as a member of the Paducah -McCracken County Senior Citizens Board. This term will expire July 1, 2008." Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Mary Jean Grief as a member of Paducah -McCracken County Senior Citizens Board. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). MOTIONS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the following documents be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Brian Womble Construction 2. Right of Way Bond: (a) Gary Lee & Son Construction 3. Contracts/Agreements: (a) Thermal Equipment for Purchase of HVAC Unit for Robert Cherry Civic Center (2005-5-6971) (b) Interlocal Cooperation Agreement for the 2025 City/County Comprehensive Plan (2005-4-6964) (c) Agreement with Commonwealth of Kentucky Transportation Cabinet Department of Highways for Pecan Drive/Buckner Lane (2005-5-6974) (d) Change Order #4 with Chester Mechanical, Inc. for Paducah Police Department HVAC Renovation (2005-6-6979) (e) Lease with James Marine, Inc. (M. 0. 113 9) 4. Financial Report of Jackson Purchase Local Officials Organization, Inc. for Year Ending June 30, 2004 5. Notice of Called Meeting for the Smoking Ban Task Force on June 24, 2005 6. Petition to Remove/Lower Shrubs to Prevent Blind Spot on 8th Street at Anderson Court Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4)• MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith motion, seconded by Commissioner Coleman, 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, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4)• AMEND PAYROLL TABLE 1 Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 1, CLASSIFICATIONS/ PAY SCHEDULE FOR CIVIL SERVICE," be adopted. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O. 1142; BK 5; PG ORDINANCE — EMERGENCY RENEW RADIO SYSTEM SERVICE AGREEMENT WITH MOTOROLA Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SERVICE 576 JUNE 28, 2005 AGREEMENT WITH MOTOROLA FOR FY 2005-2006." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a service agreement with Motorola for all city -owned radios in the amount of $58,297.68. This contract shall expire June 30, 2006. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2005-6-6982; BK 30; PG ORDINANCES - ADOPTION ACCEPT PREMIUMS FOR WORKERS' COMPENSATION, LIABILITY INSURANCE Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF KENTUCKY LEAGUE OF CITIES FOR WORKERS' COMPENSATION, PROPERTY AND LIABILITY INSURANCE FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City accepts the proposal of Kentucky League of Cities in the total amount of $1,153,980.00 for Workers' Compensation, Property and Liability Insurance for the City of Paducah for Fiscal Year ending June 30, 2006. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-6-6983; BK 30; PG AMEND ORDINANCE FOR HORSE DRAWN CARRIAGES Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled "AN ORDINANCE AMENDING CHAPTER 122, VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby amends Chapter 122-79(d) changing the required amount of liability insurance for applicants applying for a Downtown Horse Carriage Tour Permit and/or Contract Carriage Operating Permit to a minimum limit of $1,000,000 combined single limit Bodily Injury and Property Damage per occurrence. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-6-6984; BK 30; PG AMEND EXEMPTION FOR HORSE STABLE LOCATION WITHIN CITY LIMITS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 14-1(C), "KEEPING OF ANIMALS GENERALLY; KEEPING OF ANIMALS WHICH CONSTITUTE NUISANCE," OF CHAPTER 14, ANIMALS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance changes the location of the exempted Annie's Stables from 501 South Second Street to 750 North Sixth Street. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-6-6985; BK 30; PG AMEND SALARY OF CITY MANAGER TO INCLUDE 3% INCREASE Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING THE SALARY OF THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Increasing the current annual salary for the City Manager by $2,795.73 for a total salary of $95,985.06 effective June 23, 2005. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-6-6986; BK 30; PG AMEND LICENSE FEE (EMPLOYEE PAYROLL TAX) Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-82, LICENSE FEE IMPOSED, OF CH. 106, TAXATION OF THE CODE OF 577 JUNE 28, 2005 ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance shall be read in full: AN ORDINANCE AMENDING SEC. 106-182, LICENSE FEE IMPOSED, OF CH. 106, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted Ordinance No. 76-1-1217 which increased the license fee for employees to 1 % percent; and WHEREAS, the current tax revenues of the City are not adequate to fund economic development, neighborhood redevelopment, and infrastructure capital investments; and WHEREAS, it is the intent of the Board of Commissioners to raise the City's current employee license fee from 1'/2 percent to 2 percent for a term of three (3) years and all revenues derived from the '/2 percent increase in the employee license fee paid to the City shall be segregated and deposited in the "Investment Fund; and WHEREAS, it is the intent of the Board of Commissioners to consider a reduction in real property tax at the setting of the annual tax levy in 2006. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sec. 106-182, "License Fee Imposed" of Chapter 106, "Taxation", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 106-182. License Fee Imposed. a) There is hereby levied and imposed a license fee upon all persons engaged in any occupation, trade or profession, as defined in section 106-181, in the city, for the privilege of engaging in such occupation, trade or profession, which license fee shall be measured by 1 17� persent 2 percent of the gross salaries, wages, commissions and other compensation earned by such persons en- and Zafter- e :y 1, 1 b) This ordinance shall take effect on October 1, 2005, provided however, that the employee license fee of two percent herein shall by pperation of this ordinance alone be automatically reduced to 1'/z percent effective October 1, 2008." Ray McLennan, citizen, expressed opposition to the increase of the payroll tax. Adopted on call of the roll, Commissioners Coleman, Smith and Mayor Paxton (3). Nays, Commissioner Sirk (1). ORD. #2005-6-6987; BK 30; PG FY2006 BUDGET Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2005, THROUGH JUNE 30, 2006, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July 1, 2005, through June 30, 2006, by estimating revenues and resources and appropriating funds for the operation of City Government. Stan Beauchamp, Human Rights Director, clarified the number of complaints that the Human Rights Department has received in recent years and gave details explaining the complaint process. Betty Dobson and Shirlene Holland -Cooper, supporters for the Metropolitan Hotel, requested funding in the amount of $249,000 from the City for a match for the Save America's Treasure Grant that was received to help renovate the hotel. This match can be in-kind services or cash. —The Mayor asked the City Manager to schedule a meeting with him, the supporters, the City Manager, Tom Barnett and Steve Ervin to discuss the request. At this time the Mayor called for the vote. Adopted on call of the roll, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-6-6988; BK 30; PG 578 JUNE 28, 2005 ORDINANCES — INTRODUCTION REPEAL ORDINANCE TO SELL PADUCAH WATER WORKS PROPERTY Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RESCINDING AUTHORIZATION FOR THE SALE OF MUNICIPALLY OWNED REAL PROPERTY HELD FOR THE USE AND BENEFIT OF THE PADUCAH WATER WORKS." This ordinance is summarized as follows: That the Board of Commissioner hereby rescinds Ordinance 2005-4-6955, passed on April 26, 2005, which authorized the sale of certain municipally owned real property held for the use and benefit of Paducah Water Works. AMEND ORDINANCE FOR CONTRACT FOR COMPREHENSIVE PLAN Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE 2005-4-6965 ENTITLED, `AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF THE 2025 COMPREHENSIVE PLAN UPDATE'." This ordinance is summarized as follows: Amending the ordinance that authorizes a contract between the City, County and Lane Kendig, Inc., for professional planning services for the development of the 2025 Comprehensive Plan Update to reflect the total contract price of $100,000, not just the City's portion of $50,000 and upon invoice the County will reimburse the City. REVISED PARKING ENFORCEMENT ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance as follows: AN ORDINANCE AMENDING CHAPTER 110, TRAFFIC AND VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 110-183, Parking Violation Notice, of Chapter 110, Traffic and Vehicles, of the Code of Ordinances is hereby amended to read as follows: "Sec. 110-183. Parking Violation Notice. (a) If any motor vehicle is found parked, standing or stopped in violation of any provision of this article, the vehicle shall be cited for the appropriate parking violation. The citing officer shall note the vehicle's registration number and any other information concerning the vehicle which will identify it and, if the driver is not present, shall conspicuously affix to the vehicle a notice of the parking violation. (b) The form of the notice of the parking violation shall contain the following information: (1) A statement that the notice represents a determination that a parking violation has been committed by the owner of the vehicle and that the determination shall be final unless contested as provided in Section 110-184 of the Paducah Code of Ordinances; (2) A statement that a parking violation may result in impoundment of the vehicle for which the owner may be liable for a fine and towing, handling and storage charges or fees; (3) A statement of the specific parking violation for which the citation was issued; (4) A statement of the monetary penalty established for the parking violation, as described below: Parking Fine Parking Violation 15 Overtime $25 No Parking Zone $50 Fire Hydrant $75 Handicapped $25 Fire Lane $25 Other $25 Disabled/Abandoned $25 Alley $25 Driveway 579 JUNE 28, 2005 $25 Wrong Side $25 Parking Double (5) And, a statement of the options for responding to the notice and the procedures necessary to exercise these options. SECTION 2. That Section 110-184, Challenges to Validity of Parking Violation Notice, of Chapter 110, Traffic and Vehicles, of the Code of Ordinances is hereby amended to read as follows: Section 110-184. Challenges to Validity of Parking Violation Notice. (a) Any person who receives notice of a parking violation shall respond to such notice as provided in this section within seven days of the date of the notice, by paying the fine set forth in the notice, requesting in writing the Chief of Police to agree to void or amend the notice, or requesting a hearing, as provided herein. (b) If the owner of a vehicle cited for a parking violation has not responded to the notice within seven days, a second notice shall be sent to the registered owner by certified mail. Such notice shall state that if a hearing is not requested within seven days of the date of the second notice, the owner shall be deemed to have waived his right to a hearing and the determination that a violation was committed shall be considered final. The registered owner of the vehicle at the time the violation occurred shall be liable for all fines, fees and penalties. (c) If the owner of the vehicle cited for a parking violation requests a hearing before the Hearing Board in writing, such hearing shall be held no later than 14 days from the date of receipt of the request, unless an extension is requested by the owner of the vehicle, not to exceed 14 days. The owner of the vehicle shall be notified no less than seven days prior to the date of the hearing of the date, time, and place. Failure to appear at the hearing will be deemed a waiver of the person's right to a hearing. (d) At the hearing, the Hearing Board may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of an officer's personal appearance at the hearing. After consideration of the evidence, the Hearing Board shall determine whether a violation was committed. Where it has not been established that the violation was committed, an order dismissing the citation shall be entered. Where it has been established that a violation was committed, the Board shall uphold the citation and order the owner to pay the citation within seven days. A $25 administrative hearing fee will be added to the amount of the original fine if the Board upholds the citation. A copy of such order shall be furnished to the owner. If the fine amount plus the administrative hearing fee is not received within seven days of the hearing date, a $15 late fee shall be added to the original fine amount. Failure to pay the fine(s) within an additional seven days may result in a summons being issued in the name of the registered owner of the vehicle, requiring the owner to appear in McCracken County District Court. (e) An appeal from the Hearing Board's determination may be made to the McCracken District Court within seven days of the Board's determination." ACCEPT 2005 JUSTICE ASSISTANCE GRANT AWARD Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY TO OBTAIN AN ONLINE JUSTICE ASSISTANCE GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT." This ordinance is summarized as follows: The City is hereby authorized and directed to obtain an online Justice Assistance Grant through the U.S. Department of Justice in the amount of $31,430 for use by the Police Department for the purchase of digital type in -car cameras. AMEND ORDINANCE TO EXCLUDE GROSS RECEIPTS FROM INTERSTATE COMMERCE Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-61 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Amend Section 106-61, Definitions, of Chapter 106, Taxation, to exclude gross receipts which are solely 580 JUNE 28, 2005 attributable to any activity performed outside of the City which would be defined as an activity in interstate commerce AMEND ORDINANCE FOR FLEA MARKT & BOOTH BUSINESSES Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance as set out in full as follows: "AN ORDINANCE AMENDING SECTION 106-119 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: That Section 106-119 is hereby amended to read as follows: Sec. 106-119. Flea Markets. (a) Any person engaging in the business of operating a flea market, or any business by any other name except trade shows, which is conducted by leasing or renting booths or space to two or more individuals on a day-to-day, week -to -week or month-to-month basis, shall pay an annual license tax under schedule D of section 106-101; provided, however, that the minimum annual license tax shall be $75.00. Any person renting a booth_ or space in the flea market must also secure a separate business license under Section 106-147, provided, however, that the minimum license tax shall be $75.00. CREATE A GENERAL CLASSIFICATION FOR BUSINESS LICENSE Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance as set out in full as follows: "AN ORDINANCE RELATING TO A BUSINESS LICENSE FOR A BUSINESS NOT ENUMERATED IN OR COVERED BY OTHER SECTIONS OF CHAPTER 106, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY That a new section shall be added under Section, 106, Division 11, Tax schedules of the Paducah Code of Ordinances as follows: "Sec. 106-159. `General Classification' Any person engaging in a business not enumerated in or covered by other sections of this article shall pay an annual license tax under Schedule D of section 106- 101; provided, however, the minimum license tax of any such person shall be $75.00. This section shall apply to any person engaging in or transacting any permanent or any temporary or transient business in the City." CITY MANAGER REPORT • Mark Thompson, Parks Services Director, reminded everyone of the expanded activities for the July 4th Annual Fireworks event at the riverfront. Activities will begin at 5:00 p.m., fireworks will start at 9:00 p.m.. • Calendar Items • Request to cancel workshop scheduled for July 5th due to only one item being listed on the agenda. • Request an executive session for an update on specific personnel issues. COMMISSIONER CONCERNS Commissioner Sirk gave an update for the Waterfront Development Committee. Commissioner Sirk and Rick Murphy, City Engineer, had a meeting with staff members of the Department of Fish and Wildlife to discuss the placement of a boat ramp along the riverfront area. The Department of Fish and Wildlife offers grants for such projects. Commissioner Sirk will continue to update the Commission on the progress of the Waterfront Committee. Commissioner Smith asked if there is a solution to the problem of drop-offs at the end of the ramp in the area of the riverfront where people put their boats in the water. If so, he would like to see improvement. 581 JUNE 28, 2005 EXECUTIVE SESSION Commissioner Sirk offered motion, seconded by Commissioner Smith, 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 Coleman, Sirk, Smith and Mayor Paxton (4). Upon motion the meeting adjourned. ADOPTED: July /-.2 , 2005 City Clerk