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HomeMy WebLinkAbout10/25/05632 OCTOBER 25, 2005 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, October 25, 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). RECOGNITION Mark Thompson, Parks Services Director, introduced Laurie Blount the new Parks Services Community Recreation Supervisor. She has been working with the Veterans in organizing the Veterans' Day Parade. He also introduced Larry McCullogh, Chair of the Veterans' Committee. Mr. McCullogh, along with Buddy Smith and other veterans, thanked the Commission for their support for the Veterans' Day Parade. TAX AMNESTY PROGRESS REPORT Jon Perkins, Director of Finance, distributed a progress report for the Amnesty Program. PRESENTATION SENIOR CITIZENS AWARD Guelda Wooldridge, Director of the Paducah -McCracken Co. Senior Citizens Center, introduced Mamie Rikel. Ms. Rikel was the winner of the Volunteer of the Year Award of the State of Kentucky. She has volunteered for over 25 years of at the Center . MINUTES Commissioner Coleman offered motion, seconded b� Commissioner Guess, that the reading of the Minutes for October 11th, October 18t , and October 19th, 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 CONVENTION AND VISITORS BUREAU Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, and jointly with the McCracken County Judge - Executive, I hereby reappoint Kimberly Rust and Neil Ward to the Paducah -McCracken County Convention and Visitors Bureau. These terms will expire December 31, 2008." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton and jointly with the McCracken County Judge -Executive in reappointing Kimberly Rust and Neil Ward as members of the Paducah -McCracken County Convention and Visitors Bureau. 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. Certificate of Insurances: (a) Donald Brookshire d/b/a Brookshire & Sons Concrete Construction (b) Sonny Ridgeway Construction Inc. 2. Contracts/Agreements: (a) Morgan Keegan as Financial Advisor for the City's Police and Firefighters Pension Fund (2005-9-7023) (b) Paducah Symphony Orchestra for Specific Services October, 2005 — June 30, 2006 (c) Municipal Equipment, Inc. for Purchase of a 2006 Knuckle Boom Trash Loader and Dump Body (2005-9-7020) (d) WSF Fleet Service to Replace all Plumbing and Piping on Two Ladder Trucks in the Fire Department (2005-9-7016) 633 OCTOBER 25, 2005 3. Deeds: (a) 5225 Buckner Lane (2005-9-7006) (b) 280 Pecan Drive (M.O. 1156) (c) 5510 Buckner Lane (M.O. 115 5) (d) 5055 Buckner Lane (2005-9-7017) (e) 5085 Buckner Lane (2005-9-7018) (f) 5120 Buckner Lane (M.O. 1159) (g) Closing a Portion of Popular Street (2002-8-6554) (h) Portion of Surplus Property at Paxton Park Golf Course (2005-9-7019) 4. West Kentucky Community & Technical College Annual Report for 2004-2005 5. Electric Plant Board d/b/a/ Paducah Power System financial Statements Years Ended June 30, 2005 and 2004 BIDS PUBLIC WORKS DEPARTMENT PLUMBING & PIPING REPLACEMENTS FOR PUMPER TRUCKS 1. WSF Fleet Services 2. Hudson Fire Apparatus 3. E -One Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). WAL-MART DONATION FOR PURCHASE OF BODY ARMOR Police Chief Bratton introduced Mark Propes, Manager of Wal-Mart Supercenter West and Jerry Cooper, Manager of Wal-Mart Supercenter Southside. The Wal-Mart Corporation has a nationwide program to help law enforcement agencies. Mr. Propes and Mr. Cooper gave the contribution to the City in the amount of $5,250 to assist in purchasing body armor for the police officers. MOTION Commissioner Sirk offered motion, seconded by Commissioner Smith, that the City of Paducah accept a contribution of $5,250 from Wal-Mart Supercenter West and Wal-Mart Supercenter Southside toward the purchase of body armor for police officers in the Paducah Police Department. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Sirk, 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). APPLICATION FOR FIRE PREVENTION AND SAFETY GRANT Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A FIRE PREVENTION AND SAFETY GRANT THROUGH THE DEPARTMENT OF HOMELAND SECURITY, OFFICE FOR T DOMESTIC PREPAREDNESS IN THE AMOUNT OF $41,525, FOR FUNDING TO IMPLEMENT FIRE PREVENTION AND SAFETY PROGRAMS," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O. 1164; BK 6; PG 634 OCTOBER 25, 2005 ACQUIRE PROPERTY FOR OLIVET CHURCH ROAD LEFT TURN LANE PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 3600 OLIVET CHURCH ROAD IN THE AMOUNT OF $10,000 BY THE CITY OF PADUCAH FOR THE OLIVET CHURCH ROAD LEFT TURN LANE PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O. 1165; BK 6; PG ORDINANCES — ADOPTION KENTUCKY BODY ARMOR GRANT 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 WITH THE GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR A KENTUCKY BODY ARMOR GRANT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Memorandum of Understanding with the Governor's Office for Local Development for a Kentucky Body Armor Grant in the amount of $31,040.00 to purchase body armor for sworn police officers. The City's required cash amount is $16,960.00. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-10-7026; BK 30; PG APPROVE PURCHASE OF IN -CAR VIDEO SYSTEMS . Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF IN -CAR VIDEO CAMERAS FOR USE BY THE POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah authorizes the sole -source purchase of ten (10) in -car video systems from Mobile Vision, Inc. in the amount of $30,350.00, for use by the Police Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-10-7027; BK 30; PG ORDINANCES — INTRODUCTION SALE OF BONDS AUTHORIZATION -PENSION OBLIGATION BONDS - SERIES 2005 Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, PROVIDING FOR THE ISSUANCE OF ITS CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS (POLICE AND FIREFIGHTERS PENSION PLAN), SERIES 2005; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE SERIES 2005 BONDS ARE TO BE ISSUED AND OUTSTANDING; ORDERING AND PROVIDING FOR THE LEVY OF AN ANNUAL TAX, TO THE EXTENT NECESSARY, IN AN AMOUNT SUFFICIENT TO PAY THE INTEREST ON AND PRINCIPAL OF THE SERIES 2005 BONDS; AND PROVIDING FOR A PUBLIC SALE OF THE SERIES 2005 BONDS AND THE APPLICATION OF THE PROCEEDS THEREOF." This ordinance is summarized as follows: A. Authorizes the issuance of $6,160,000 (subject to an adjustment upward or downward not to exceed $615,000) principal amount of its City of Paducah, Kentucky Taxable General Obligation Bonds (Police and Firefighters Pension Plan), Series 2005 (the "Series 2005 Bonds"), for the purpose of financing the costs of paying certain unfunded liabilities in the City's police and firefighters pension obligations. 635 OCTOBER 25, 2005 B. Authorizes the Series 2005 Bonds to be sold by public competitive sale and sets the terms and conditions for the sale of the Series 2005 Bonds. C. Authorizes the Mayor to open the bids and accept the successful bid on behalf of the City pursuant to a Municipal Order and authorizes the Mayor and the City Clerk to execute all necessary documents, instruments and obligations of the City in order to issue the Series 2005 Bonds. D. Orders and provides for the levy of an annual tax, to the extent necessary, in an amount sufficient to pay the principal of and interest on the Series 2005 Bonds. E. Appoints U.S. Bank, National Association, Louisville, Kentucky, as paying agent and bond registrar for the Series 2005 Bonds and provides for the creation of a Sinking Fund with the paying agent as the fund depository. SUNDAY RESTAURANT ALCOHOL SALES Members of the audience spoke on the above issue either for or against. FOR AGAINST Merle Paschadag Kevin McCallon Tricia Colson Baxter Margy Pope Paulette Mentor Bill Baxter Mayor Paxton read aloud a letter from Rev. Don Young of the Heartland Worship Center opposing the sale of the alcoholic beverages on Sunday. After discussion the Board proceeded with the following action: Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "ORDINANCE AMENDING CHAPTER 6, ARTICLE I, SECTION 6-4 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH ENTITLED "OPERATING HOURS FOR RETAIL PREMISES" AND AMENDING ARTICLE II, SECTION 6-40 ENTITLED "FEES", TO PROVIDE FOR THE SALE OF DISTILLED SPIRITS, WINE AND MALT BEVERAGES BY THE DRINK ON SUNDAYS AND IMPOSING AN ANNUAL LICENSE FEE OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE SALE OF DISTILLED SPIRITS AND WINE AND AN ANNUAL LICENSE FEE OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE SALE OF MALT BEVERAGES BY THE DRINK ON SUNDAYS AND AMENDING ARTICLE II, SECTION 6-35 ENTITLED "REVOCATION; SUSPENSION" TO INSERT SUCH AMOUNT IN LIEU OF SUSPENSION." This ordinance may be summarized as follows: WHEREAS, pursuant to KRS 244.290(4), the legislative body of a City of the second class in which the sale of distilled spirits and wine is permitted, may, by ordinance, permit the sale of distilled spirits and wine by the drink on Sunday from 1:00 p.m. until a closing hour to be established by the Board of Commissioners at hotels, motels, and restaurants which have dining facilities with a minimum seating capacity of one hundred (100) people at tables and which receive at least fifty percent (50%) or more of their gross annual income from their dining facilities from the sale of food; and WHEREAS, pursuant to KRS 244.480(3), the legislative body of a city of the second class may, by ordinance, permit the sale of malt beverages on Sunday, and establish the times in which malt beverages may be sold. By such authority, this ordinance authorizes the sale of distilled spirits, wine, and malt beverages by the drink on Sundays from 1:00 p.m. to 10:00 p.m. by duly licensed hotels, motels, and restaurants, subject to the following conditions: (a) The hotel, motel, or restaurant shall have dining facilities with a minimum seating capacity of 100 people at tables; (b) At least fifty percent (50%) of the gross annual income realized from the dining facilities is received from the sale of food; (c) The licensee shall apply for and receive a special Sunday sales license and pay a Sunday sales license fee. 636 OCTOBER 25, 2005 This ordinance also establishes a Sunday sales license and a licensee fee of $150.00 for the sale of distilled spirits and wine and for the sale of malt beverages on Sundays, and establishes such license fee amounts to be paid in lieu of suspension for any violation with regard to Sunday sales of alcohol. PLUMBING & PIPING REPLACEMENT FOR FIRE TRUCKS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF WSF FLEET SERVICE FOR SALE TO THE CITY OF PLUMBING AND PIPING REPLACEMENT FOR FIVE PUMPER TRUCKS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of WSF Fleet Service in the amount of $38,750.00, for sale to the City of plumbing and piping replacement for five pumper trucks, for use by the Fire Department, and authorizing the Mayor to execute a contract for same. AUTHORIZE CHANGE ORDER NO. 1 FOR RENOVATION OF THE AMPHITHEATRE AT NOBLE PARK 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 CHANGE ORDER NO. 1 WITH B. H. GREEN & SON, INC., FOR RENOVATION OF THE AMPHITHEATRE IN NOBLE PARK." This ordinance is summarized as follows: Authorize Mayor to execute Change Order No. l in the amount of $5,620.00 with B. H. Green & Son, Inc., to finalize the project for a total project cost of $199,520.00. ACCEPT FUNDS FOR OUTDOOR SKATE PARK 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 GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR A 2005 LAND AND WATER CONSERVATION FUND GRANT." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a grant agreement and all documents relating thereto with the Governor's Office for Local Development to obtain a matching grant in the amount of $75,000.00 for a National Park Service Land and Water Conservation Fund Grant for the construction of Phase I of the outdoor skate park located in Noble Park. The City will provide matching funds in the amount of $75,000.00, for this project. APPROVE REVISED FALSE ALARM ORDINANCE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE REPEALING ARTICLE III, "ALARM SYSTEMS," OF CHAPTER 38, "EMERGENCY SYSTEMS," AND CREATING ARTICLE III, "SECURITY AND FIRE ALARMS," OF CHAPTER 38, "EMERGENCY SYSTEMS," OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance governs security and fire alarms systems and specifically requires an owner of a security and/or fire alarm to obtain a permit following three false alarm notifications within a 12 -month period. The permit costs $25.00 and expires one year from the date of issuance and must be renewed annually by submitting an application and a permit renewal fee. The ordinance requires a person in control of an alarm system to appear at the site when an alarm is sounded and must install a device to automatically terminate the signal within 15 minutes of activation. This ordinance assesses fees upon the third false alarm notification within a calendar year and allows for suspension of an alarm permit upon the seventh false alarm notification with a calendar year. Penalties. (A) In addition to any fees assessed and payable to the City of Paducah pursuant to the provisions of this ordinance, any person who operates an alarm system without a permit required by this ordinance, or with a suspended or revoked permit, shall be subject to a fine not to exceed $250. 637 OCTOBER 25, 2005 (B) In addition to any fees assessed and payable to the City of Paducah, any person who fails to pay any fee authorized by the provisions of this ordinance within 30 days of receiving a written notice from the designated authority shall be subject to a fine not to exceed $250. (C) In addition to the fees and penalties authorized by this ordinance, any person in violation of the noise control ordinance may be subject to penalties specified under the provisions of that ordinance. AUTHORIZE MAYOR TO EXECUTE ADDENDUM 1 -GIS PARCEL MAINTENANCE Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ADDENDUM NO. 1 WITH GRW AERIAL SURVEYS, INC. FOR PROFESSIONAL SERVICES TO CREATE ADDITIONAL DIGITIZED NEW PARCELS FOR THE GEOGRAPHIC INFORMATION SYSTEM (GIS)." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute Addendum No. 1 with GRW Aerial Surveys, Inc., in the amount of $13,000.00, to provide professional services to digitize additional new parcels for the data layer for the Geographic Information System (GIS). AMEND ZONING REGULATIONS TO INCLUDE BED & BREAKFASTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126, ZONING, OF THE PADUCAH CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Amending Chapter 126, Zoning, defining a bed and breakfast operation; setting guidelines and procedures for bed and breakfast operations to be located in a R-2 or R-3 Zone with a Conditional Use Permit; and allowing a bed and breakfast operation to be located within a R-4 zone. AMEND CHAPTER 19 TO EXCLUDE WORDING "TOURIST HOMES" Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 19, RESIDENTIAL RENTAL OCCUPANCY PERMITS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Amending Section 19-2, "Definitions" and 19-5, "Applicability and exceptions", of Chapter 19, "Residential Rental Occupancy Permits", of the Code of Ordinances to remove references to tourist homes. APPROVE FINAL SUBDIVISION FOR E & T ENTERPRISES, INC. 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 E & T ENTERPRISES, LLC LOCATED ADJACENT TO LONE OAK ROAD AND NORTH OF EMMETT STREET AND ACCEPTING THE DEDICATION OF PARKVIEW DRIVE RIGHT OF WAY AND EASEMENTS." This ordinance is summarized as follows: Approve final report of the Paducah Planning Commission respecting the proposed final subdivision of property of E & T Enterprises, LLC for property located adjacent to Lone Oak Road and north of Emmett Street, 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. Mayor Paxton called for a short recess. Mayor Paxton called meeting back to order. PRESENTATION OF 2006 HEALTH PLAN Greg Carlton, Consultant for Peel & Holland, presented a preliminary report for the City's health insurance usage for the year of 2005. A copy of the report is in the minute file. OCTOBER 25, 2005 MUNICIPAL ORDERS AMEND CITY'S COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN PREMIUMS Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING PREMIUMS FOR THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN FOR CALENDAR YEAR 2006 FOR EMPLOYEES OF THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O. 1166; BK 6; PG AMENDMENT #6A TO CITY'S HEALTH INSURANCE PLAN DOCUMENT Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENT NO. 6A TO THE REVISED HEALTH INSURANCE MASTER PLAN DOCUMENT FOR EMPLOYEES OF THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O. 1167; BK 6; PG CITY MANAGER REPORT Calender Items Tom Barnett, Fountain Avenue Neighborhood Redevelopment On October 24th the Board held a called meeting for a tour of the proposed Fountain Avenue area for neighborhood redevelopment. The Board discussed different options of how to proceed and what regulations to implement. Tom Barnett, Planning Director, distributed a proposal he prepared based on input from the Board during the tour. This proposal is contained in the minute file. The Board agreed that this is a broad proposal of the direction they want to proceed but also agreed that the proposal will need to be reviewed and tweaked. The City Manager requested a brief executive session to discuss economic development. 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 topics: • 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)(k). Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: November 22 , 2005 City Clerk