HomeMy WebLinkAbout08/09/05595
AUGUST 9, 2005
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers
of City Hall at 6:00 p.m., Tuesday, August 9, 2005, 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).
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
reading of the Minutes for July 26th, August 2nd, and August 8th, 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, Guess, Sirk, Smith and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
following documents be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) Paul Duncan Construction
(b) Medlin Construction, LLC
(c) MidStates Construction, Inc.
(d) Jim Smith Contracting Co.
2. Performance & Payment Bond for Jim Smith Contracting Co.
3. Right of Way Bonds:
(a) B. H. Green & Sons
(b) Carl Medlin dba Medlin Construction, LLC
4. Contracts/Agreements:
(a) Grant Agreement Amendment for the Recreational Trail (2002-5-6511)
(b) Transportation Enhancement Contract for River Heritage Museum Phase
111(2005-4-6963)
5. Financial Highlights of Paducah Water Works for June, 2005
6. Notice of Called Meeting of the Smoking Ban Task Force on August 10, 2005
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Sirk offered motion, seconded by Commissioner Smith, 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, Guess, Sirk, Smith and Mayor
Paxton (5).
APPROVE APPLICATION FOR THE 2005 KENTUCKY COMMUNITY
ECONOMIC GROWTH GRANT
Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE AN APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN
A COMMUNITY ECONOMIC GROWTH GRANT IN THE AMOUNT OF $750,000
THROUGH THE KENTUCKY GOVERNOR'S OFFICE FOR LOCAL
DEVELOPMENT, FOR FUNDING TO BE USED TO ENHANCE ECONOMIC
DEVELOPMENT," be adopted.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). M.O.#1147; BK 6; PG
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AUGUST 9, 2005
APPROVE 2005 RENAISSANCE ON MAIN GRANT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE AN APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN
A RENAISSANCE ON MAIN GRANT IN THE AMOUNT OF $150,000 THROUGH
THE KENTUCKY GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT, FOR
FUNDING TO SPUR ECONOMIC DEVELOPMENT THROUGH JOB CREATION IN
DOWNTOWN," be adopted.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). M.O.#1148; BK 6; PG
AMENDMENT #4A TO THE CITY'S HEALTH INSURANCE PLAN
Commissioner Guess offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENT NO.
4A TO THE REVISED HEALTH INSURANCE MASTER PLAN DOCUMENT FOR
EMPLOYEES OF THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). M.O.#1149; BK 6; PG
AMENDMENT #5A TO THE CITY'S HEALTH INSURANCE PLAN
Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal
Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENT NO. 5A TO THE
REVISED HEALTH INSURANCE MASTER PLAN DOCUMENT FOR EMPLOYEES
OF THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). M.O.#1150; BK 6; PG
CREATE POSITION OF RECORDS MANAGER IN THE POLICE DEPT.
Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2,
CLASSIFICATIONS/ PAY SCHEDULE, FOR NON -CIVIL SERVICE, POLICE AND
FIRE; AND TABLE 3, GRADE, CLASSIFICATION AND SALARY RANGE FOR
CITY OF PADUCAH EMPLOYEES," be adopted.
Adopted on call of the roll, Commissioners Guess, Sirk, Smith and Mayor Paxton (4).
Nays, Commissioner Coleman (1). M.O. #1151; BK 6; PG
ORDINANCES - ADOPTION
AMEND LICENSE FEE TEXT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
SEC. 106-182, LICENSE FEE IMPOSED, OF CHAPTER 106, TAXATION OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY"
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 2 percent of the gross salaries, wages, commissions
and other compensation eeryap id to such persons.
b) This ordinance shall take effect on October 1, 2005, provided
however, that the employee license fee of two percent herein, shall
by operation of this ordinance alone, be automatically reduced to
1 %2 percent effective October 1, 2008."
597
AUGUST 9, 2005
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD. #2005-8-6996; BK 30; PG
AUTHORIZE MAYOR TO EXECUTE DEED OF CORRECTION
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 A DEED OF
CORRECTION FOR PROPERTIES ACQUIRED FOR THE DEVELOPMENT OF THE
GREENWAY TRAIL". This ordinance is summarized as follows: That the Mayor is
hereby authorized and directed to execute a Deed of Correction between J.E.D.D. and the
City of Paducah for the sale of properties located adjacent to Stuart Nelson Park for
development of the Greenway Trail.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-6997; BK 30; PG
MEMORANDUM OF UNDERSTANDING WITH HOUSING AUTHORITY FOR
HOME OWNERSHIP PROGRAM
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PADUCAH SECTION 8 HOUSING
PROGRAM AND THE HOUSING AUTHORITY OF PADUCAH". This ordinance is
summarized as follows: The Mayor of the City of Paducah, Kentucky, is hereby
authorized and directed to execute a Memorandum of Understanding between the City of
Paducah Section 8 Housing Program and the Housing Authority of Paducah for the
implementation of the Homeownership Program utilizing Section 8 vouchers.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-6998; BK 30; PG
MEMORANDUM OF UNDERSTANDING WITH PADUCAH HABITAT FOR
HUMANITY, INC. FOR THE HOME OWNERSHIP PROGRAM
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PADUCAH SECTION 8 HOUSING
PROGRAM AND THE PADUCAH HABITAT FOR HUMANITY, INC.". This
ordinance is summarized as follows: The Mayor of the City of Paducah, Kentucky, is
hereby authorized and directed to execute a Memorandum of Understanding between the
City of Paducah Section 8 Housing Program and the Housing Authority of Paducah for
the implementation of the Homeownership Program utilizing Section 8 vouchers.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-6999; BK 30; PG
PECAN-BUCKNER CONSTRUCTION INSPECTION CONTRACT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN
ENGINEERING SERVICE CONTRACT WITH FLORENCE & HUTCHESON, INC.
FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE PECAN DRIVE-
BUCKNER LANE ROADWAY IMPROVEMENT PROJECT". This ordinance is
summarized as follows: That the Mayor of the City of Paducah is hereby authorized and
directed to execute an Engineering Service Contract with Florence & Hutcheson, Inc., in
an amount not to exceed $156,781.00 for professional engineering services for
construction oversight and administration associated with the Pecan Drive -Buckner Lane
Roadway Improvement Project.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-7000; BK 30; PG
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AUGUST 9, 2005
PECAN-BUCKNER CONSTRUCTION CONTRACT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR
CONSTRUCTION OF REMAINING IMPROVEMENTS NECESSARY FOR THE
PECAN DRIVEBUCKNER LANE IMPROVEMENT PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". That the
City of Paducah accepts the bid of Jim Smith Contracting Company, LLC in the amount
of $3,636,376.44, for construction of the remaining grade, drain and surfacing portion of
the Pecan Drive/Buckner Lane Improvement Project, and authorizes the Mayor to `
execute a contract for same.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-7001; BK 30; PG
CHANGE ORDER NO.1 FOR PECAN DRIVEBUCKNER LANE BRIDGE
CONSTRUCTION PROJECT
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER 1 WITH H & G
CONSTRUCTION, INC., FOR THE PECAN DRIVEBUCKNER LANE BRIDGE
CONSTRUCTION PROJECT". This ordinance is summarized as follows: The Mayor is
hereby authorized and directed to execute Change Order 1 for an overall price reduction
in the amount of $2,768.57 for the City of Paducah's Pecan Drive/ Buckner Lane Bridge
Construction Project, decreasing the total contract price to $881,187.53.
Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor
Paxton (5). ORD.#2005-8-7002; BK 30; PG
ORDINANCES — INTRODUCTION
CITY OF PADUCAH LICENSE FEE AMNESTY ORDINANCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce an ordinance entitled "AN ORDINANCE AUTHORIZING
THE DIRECTOR OF FINANCE TO IMPLEMENT A ONE-TIME OCCUPATIONAL
LICENSE FEE AMNESTY PROGRAM, WAIVING PENALTIES AND INTEREST
FOR DELINQUENT OCCUPATIONAL LICENSE FEES OWED BY APPLICANTS TO
THE PROGRAM WHO HAVE FAILED TO FILE RETURNS AND/OR PAY
OCCUPATIONAL LICENSE FEES WHICH ARE DELINQUENT AS OF AUGUST 31,
2005, AND WHO VOLUNTARILY FILE RETURNS AND REMIT FULL PAYMENT
OR WHO VOLUNTARILY FILED RETURNS AND REMITTED FULL PAYMENT
OF OCCUPATIONAL LICENSE FEE DUE PRIOR TO SEPTEMBER 1, 2005, AND
HAVE A LIABILITY CONSISTING SOLELY OF PENALTY AND INTEREST
REMAINING AS OF SEPTEMBER 1, 2005, SAID PROGRAM TO RUN THROUGH
OCTOBER 31, 2005. This Ordinance is summarized as follows:
This ordinance provides for the approval and implementation of an occupational
license fee amnesty program (hereinafter "Amnesty Program"), which fees are imposed
pursuant to the Code of Ordinances of the City of Paducah, Kentucky, Chapter 106,
Articles III and IV, Sections 106-61 through 106-193. This ordinance will allow the
Director of Finance to implement an amnesty program to waive penalties, interest, and
criminal prosecution against any applicant which makes an application for participation
in the amnesty program, files any and all required tax returns, and remits payment by
October 31, 2005, of all tax amounts, which are due and payable as of September 1,
2005. If, upon further review of the application and returns, the City of Paducah
determines that an applicant for the amnesty program owes additional occupational
license fees beyond those paid by the applicant at the time the application and return were
submitted to the City, the City will notify the applicant and the applicant will have thirty
(30) days to remit the additional amount due. In exchange for the benefit of participation
in the amnesty program, applicants will waive any and all rights to protest the imposition
or payment of the occupational license fees due. Any applicant who fails to pay any and
all amounts due within the applicable time frame, will not receive amnesty pursuant to
this program and will be responsible for payment of all taxes, penalties, and interest and,
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AUGUST 9, 2005
additionally, may be subject to the criminal prosecution all as provided by the Code of
Ordinances of the City of Paducah. This ordinance also allows the Finance Department
to adopt administrative regulations, policies, rules, forms, or instructions reasonable and
necessary to implement this Ordinance. Further, this Ordinance authorizes the Finance
Department to advertise and publicize the OLF Amnesty Program in order to maximize
awareness of and participation in the program.
AMEND PADUCAH'S ZONING ORDINANCE
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ABOLISHING SECTION 126-72, SCREENING REQUIREMENTS, AND
AMENDING SECTION 126-79, "MANUFACTURED HOMES AND MOBILE
HOMES," OF CH. 126. "ZONING" OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Due to the
adoption of new landscape regulations Section 126-72 is abolished in its entirety; Section
126-79, "Manufactured Homes and Mobile Homes," is amended to change compatibility
standards to be compliant with KRS 100.348. These standards will ensure that when a
qualified manufactured home is placed in a residential zone it is compatible, in terms of
assessed value, with existing housing.
APPROVE FINAL SUBDIVISION/DEDICATION FOR EXTENSION OF
CAMPBELL STREET
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING
COMMISSION RESPECTING THE PROPOSED SUBDIVISION OF PROPERTY OF
HARPER INDUSTRIES, CITY OF PADUCAH, MIDWEST TERMINAL, INC., AND
PADUCAH-McCRACKEN COUNTY CONVENTION CENTER CORPORATION
FOR PROPERTY LOCATED ADJACENT TO CAMPBELL STREET AND THE CITY
OF PADUCAH FLOODWALL, AND ACCEPTING DEDICATION OF PUBLIC
RIGHT OF WAY AND PUBLIC EASEMENTS." This ordinance is summarized as
follows: Approve final report of the Paducah Planning Commission respecting the
proposed final subdivision of property of Harper Industries, City of Paducah, Midwest
Terminal, Inc., and Paducah -McCracken County Convention Center Corporation for
property located adjacent to Campbell Street and City of Paducah Floodwall, and
accepting the dedication of public right of way and public easements. In addition, the
City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the
plat.
COMMISSIONER CONCERNS
Commissioner Coleman relayed information from a phone call he had received from a
resident who lives at 1759 Monroe Street. The resident's chain link fence was damaged
during police pursuit of a suspect. The resident would like to know who is responsible
for damages. Chief Bratton explained that the suspect who was fleeing the police is
responsible for damages.
Commissioner Smith requested some greenery be added to the parking area of the
Farmer's Market located in downtown.
Commissioner Smith mentioned the cemetery was looking very bad because of fallen
trees, grass needing to be mowed, etc.
Commissioner Guess complimented the Public Works employees for cleaning up brush
in the area of Pines Road.
Mayor Paxton—At the last meeting the Board agreed to have emergency replacement of
the air conditioning at City Hall. Due to further inspection of the system by
Commissioner Guess, Earnie Via, Public Works Director, has now said that it appears
that the system can be repaired.
Mr. Via thanked Commissioner Guess for helping in this matter.
AUGUST 9, 2005
PUBLIC COMMENTS
Col. Linda Murname, Executive Director—Kentucky Commission on Human Rights,
expressed her opinion against abolishing the local Human Rights office. She also
explained how it could affect the state office in a negative manner.
Upon motion the meeting adjourned.
ADOPTED: August 23, 2005
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City Clerk