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HomeMy WebLinkAbout08/23/05602 AUGUST 23, 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 23, 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). PROCLAMATION UNITED WAY Mayor Paxton read a proclamation proclaiming September 1, 2005, as the "Official Kick Off' day for the United Way of Paducah -McCracken County fundraiser. 85TH ANNIVERSARY OF THE 19TH AMENDMENT Mayor Paxton read a proclamation proclaiming August 26, 2005, as the "85th Anniversary of the 19th Amendment". MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for August 9th and August 16th, 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). APPOINTMENTS PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Buz Smith as a member of the Paducah -McCracken County Joint Sewer Agency. This term will expire November 30, 2006. Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Buz Smith as a member of the Paducah -McCracken County Joint Sewer Agency. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor Paxton (4). 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) Earl Dawson Equipment, Inc. 2. Performance Bond for B. H. Green & Son 3. Contracts/Agreements: (a) EBC Master Plan Document Amendments #4A and #5A (M.O.# 1149 and # 1150) (b) Change Order #1 with H&G Construction Company for Phase I Pecan Drive/ Buckner Lane Extension Project (2005-8-7002) (c) Engineering Service Contract with Florence & Hutcheson, Inc. for Pecan Drive/Buckner Lane Extension Project (2005-8-7000) (d) Owner -Contractor Agreement with Jim Smith Contracting Company for Pecan Drive/Buckner Lane Extension Project (2005-8-7001) (e) License Agreement with American Society of Composers, Authors and Publishers (ASCAP) 4. Deed of Correction between J.E.D.D. and City of Paducah for land inadvertently omitted in the original Deed. BIDS PUBLIC WORKS/FLEET MAINTENANCE DIVISION LEAF LOADER MACHINE 1. Municipal Equipment, Inc. 603 AUGUST 23, 2005 2. Municipal Equipment, Inc. PUBLIC WORKS/FLEET MAINTENANCE DIVISION POLICE INTERCEPTOR PURSUIT VEHICLES 1. Paducah Ford 2. Countryside Motors PUBLIC WORKS/SOLID WASTE DIVISION LEAF BAGS Paducah Woodenware 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 KY 2005 BUFFER ZONE PROTECTION PROGRAM GRANT Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY FOR FUNDS IN THE AMOUNT OF $50,000, FOR IMPLEMENTATION OF A VULNERABILITY REDUCTION PLAN," be adopted. Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O.#1152; BK 6; PG ACCEPT TRANSFER OF PROPERTY LOCATED AT 1909 GUTHRIE AVENUE Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE TRANSFER OF REAL PROPERTY LOCATED AT 1909 GUTHRIE AVENUE TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR SAME," be adopted. Adopted on call of the roll, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O.#1153; BK 6; PG ORDINANCES - ADOPTION CITY OF PADUCAH LICENSE FEE AMNESTY ORDINANCE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt 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: 604 AUGUST 23, 2005 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, 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. Adopted on call of the rolls, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-8-7003; BK 30; PG AMEND PADUCAH'S ZONING ORDINANCE Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt 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. Adopted on call of the rolls, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-8-7004; BK 30; PG APPROVE FINAL SUBDIVISION/DEDICATION FOR EXTENSION OF CAMPBELL STREET Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt 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. 605 1 AUGUST 23, 2005 Adopted on call of the rolls, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-8-7005; BK 30; PG ORDINANCES — INTRODUCTION AUTHORIZE RADIO SERVICE AGREEMENT TO INCLUDE RADIOS FOR FIRE DEPARTMENT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SERVICE AGREEMENT INVENTORY ADJUSTMENT FORM WITH MOTOROLA FOR FY2005-2006." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Service Agreement Inventory Adjustment Form for an increase in the amount of $912.60 for the City of Paducah's radio service agreement for FY2006 for all city -owned radios, increasing the total contract price to $59,210.28. APPROVE INSTALLATION CONTRACT FOR TRAFFIC SIGNAL UPGRADE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING SIEMENS BUILDING TECHNOLOGIES, INC., TO COMPLETE PHASE ONE OF THE TRAFFIC SIGNAL UPGRADE FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is authorized to pay an amount not to exceed $48,126.98 to Siemens Building Technologies, Inc., for completion of phase one of the traffic signal upgrade for the City of Paducah, and authorizing the Mayor to execute a contract for same. PURCHASE 3 LEAF LOADER MACHINES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF THREE GIANT VACUUM LEAF LOADER MACHINES 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 Municipal Equipment, Inc., in the total amount of $56,670.00, for two Giant Vacuum Leaf Loader Machines trailer mounted and one Giant Leaf Loader Machine skid mounted for use in the Public Works Department, and authorizes the Mayor to execute a contract for same. PURCHASE 10 POLICE VEHICLES Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF POLICE INTERCEPTOR PURSUIT VEHICLES FOR THE PADUCAH POLICE 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 Paducah Ford, Inc. in the amount of $198,990.00, for sale to the City of ten 2006 Ford Crown Victoria police interceptor pursuit vehicles for use by the Police Department, and authorizes the Mayor to execute a contract for same. PURCHASE 500,000 LEAFBAGS FOR FY2006 Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PADUCAH WOODENWARE FOR SALE TO THE CITY OF LEAF BAGS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City accept the bid of Paducah Woodenware to sell to the City leaf bags for use in the City's Yard Waste Collection Program for FY2006, in the amount of $65,800.00, and the City hereby authorizes the Mayor to execute a contract' for same. APPROVE CONTRACTS FOR SERVICES: PADUCAH AREA TRANSIT SYSTEMS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUGUST 23, 2005 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH AREA TRANSIT SYSTEM FOR PUBLIC TRANSPORTATION SERVICES." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a contract with Paducah Area Transit System in the amount of $250,000.00 for public transportation services for the Paducah/McCracken County area. This contract expires June 30, 2006. PURCHASE PARTNERSHIP FOR PROGRESS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING y AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH PURCHASE PARTNERSHIP FOR PROGRESS FOR SPECIFIC SERVICES." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a contract with Purchase Partnership for Progress in the amount of $300,000.00 for specific services for the Paducah area. This contract shall expire June 30, 2006. PADUCAH MAIN STREET 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 CONTRACT WITH PADUCAH MAIN STREET FOR SPECIFIC SERVICES." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a contract with Paducah Main Street in the amount of $95,000.00 for specific services. This contract shall expire June 30, 2006. CITY MANAGER REPORT City Manager requested an executive session for an economic development briefing. COMMISSIONER CONCERNS Commissioner Sirk distributed a letter from Lowertown Artists, Business People and Residents requesting alcohol be sold on Sundays. (A copy is in the Minute file.) Commissioner Smith expressed his concern of graffiti being on the railroad bridges specifically at 31St and Jefferson and the one over 32"d Street — What is the policy? Who is responsible to have it painted? Mayor Paxton thanked the Public Works employees who participated in cleaning up the Information Age Park for the opening of the Law School. EXECUTIVE SESSION Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board go into closed session for discussion of matters pertaining to the following topic: • A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g). Upon motion the meeting adjourned. ADOPTED: September 13 '2005 i City Clerk MR