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HomeMy WebLinkAbout12/13/05661 DECEMBER 13, 2005 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, December 13, 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 November 15 and November 22, 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 PADUCAH-McCRACKEN 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 Glenn D. Denton to the Paducah -McCracken County Convention and Visitors Bureau. This term will expire December 31, 2008." Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners approve the action of Mayor Paxton and jointly with the McCracken County Judge -Executive in reappointing Glenn D. Denton as a member of the Paducah -McCracken County Convention and Visitors Bureau. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). RESOLUTION RIGHT TO WORK Mayor Paxton offered motion, seconded by Commissioner Smith, that a resolution entitled, "A RESOLUTION ADVOCATING THE ENACTMENT OF RIGHT TO WORK LEGISLATION BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY IN ITS 2006 REGULAR SESSION," be adopted. Mayor Paxton opened the floor for discussion. Larry Sanderson, Business Manager for the Plumbers and Steamfitters Local 184, was here representing the union views of the Right to Work Resolution and requested the Commission vote no. Gerald Watkins, citizen, addressed the Commission regarding his view of the Right to Work Resolution. Mr. Watkins asked the Commission to withdraw the resolution. After comments expressed by the Commission the vote was called for. Adopted on call of the roll, yeas, Commissioners Sirk, Smith and Mayor Paxton (3). Nays, Commissioner Coleman (1). MOTIONS R & F DOCUMENTS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the following documents and bids be received and filed: DOCUMENTS 1. Certificate of Insurance and Right of Way Bond: (a) Noel Rankin 2. Contracts/Agreements: (a) Settlement Agreement with Ingram (2005-11-7039) (b) Change Order #4 for Pecan Drive/Buckner Lane Engineering Design & Bridge Inspection (2005-11-7041) (c) Employee Health Insurance Master Plan Document Amendment #6A (M.O. 1167) and Amendment #7A (M.O. 1168) 662 DECEMBER 13, 2005 (d) Sales & Equipment Maintenance Agreement with Pitney Bowes for new Postage Machine (2005-11-7045) (e) Collective Bargaining Negotiations Service Agreement (2005-12-7047) 3. Edwin J. Paxton Golf Course Financial Statements December 31, 2004 and 2003 4. Paducah -McCracken County Joint Sewer Agency Financial Statements June 30, 2005 5. Financial Highlights for Paducah Water Works October, 2005 BIDS PUBLIC WORKS DEPARTMENT GASOLINE & DIESEL FUEL SERVICE' 1. Wagner Smoke Shop 2. Mid West Terminal Inc. 3/4 TON GAS PICKUP TRUCK 2 WHEEL DRIVE 3/4 TON GAS CREW CAB PICKUP TRUCK 2 WHEEL DRIVE 2 -ONE TON CREW CAB DIESEL DUMP TRUCKS 2 -MIDSIZE FOUR DOOR SEDANS 1. Paducah Ford FIRE DEPARTMENT FIRE FIGHTER STRUCTURAL TURN OUT GEAR 1. Bluegrass Fire Equipment 2. Emergency Equipment Specialists 3. Waggoner Clothing PARKS DEPARTMENT PLAYGROUND EQUIPMENT 1. Miracle 2. Little Tykes 3. Game Time Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered 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, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ACCEPT PROPERTY AT 1414 NORTH 8TH STREET Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1414 NORTH 8TH STREET TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR SAME," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1177; BK 6; PG / TILGHMAN HOUSE MUSEUM FUNDING ASSISTANCE Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $6,000.00 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE MARKET HOUSE MUSEUM ACCOUNT FOR TILGHMAN HOUSE MUSEUM," be adopted. 663 DECEMBER 13, 2005 Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1178; BK 6; PG ACQUIRE PROPERTY AT 3566 OLIVET CHURCH ROAD FOR OLIVET CHURCH ROAD LEFT -TURN LANE PROJECT Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF A PORTION OF REAL PROPERTY LOCATED AT 3566 OLIVET CHURCH ROAD IN THE AMOUNT OF $13,000 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, Sirk, Smith and Mayor Paxton (4). M.O.#1179; BK 6; PG CORRECT NUMBER OF POSITIONS FOR SOLID WASTE COLLECTOR AND SOLID WASTE TRUCK DRIVER ON PAYROLL TABLE 1 Commissioner Coleman offered motion, seconded by Commissioner Smith, 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, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1180; BK 6; PG ORDINANCES — ADOPTION SELL PROPERTY AT 721-723 JOE BRYAN DRIVE Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PURCHASE OF REAL PROPERTIES LOCATED AT 721 AND 723 JOE BRYAN DRIVE IN PADUCAH MCCRACKEN COUNTY, KENTUCKY". This ordinance is summarized as follows: That the City of Paducah approve the sale of real properties located at 721 and 723 Joe Bryan Drive for the sum of $5,000 to Dale Binford, authorizes Corporation Counsel to prepare a deed and also authorizes the Mayor to execute said deed. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2005-12-7048; BK 30; PG SELL PROPERTY AT 616 McKINLEY STREET Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 616 MCKINLEY STREET IN PADUCAH McCRACKEN COUNTY, KENTUCKY." This ordinance is summarized as follows: That the City of Paducah approve the sale of real property located at 616 McKinley Street for the sum of $7,250 to Castleton Properties, Inc., authorizes Corporation Counsel to prepare a deed and also authorizes the Mayor to execute said deed. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. #2005-12-7049; BK 30; PG ACCEPT BID FOR POLICE DEPT BODY ARMOR Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF TACTICAL BODY ARMOR FROM RAY O'HERRON COMPANY INC., FOR THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is hereby authorized to pay to Ray O'Herron Company Inc., the total amount of $38,400 for the purchase of tactical body armor for the Paducah Police Department, and that the Mayor is hereby authorized to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2005-12-7050; BK 30; PG 664 DECEMBER 13, 2005 APPROVE AGREEMENT WITH STATE FOR FUNDS FOR MUNICIPAL ROAD AID Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF INTERGOVERNMENTAL PROGRAMS AND THE CITY OF PADUCAH, KENTUCKY, FOR BITUMINOUS RESURFACING OF EXISTING CITY STREETS." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement between the Commonwealth of Kentucky, Department of Highways, and the City of Paducah, Kentucky, for reimbursement funds in an amount up to $350,110 for bituminous resurfacing j on various city streets. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.92005-12-7051; BK 30; PG AUTHORIZE INTERLOCAL AGREEMENT FOR SURFACE TRANSPORTATION ENHANCEMENT PROJECTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH (CITY) AND MCCRACKEN COUNTY (COUNTY), KENTUCKY FOR ADMINISTERING AND OPERATING A CITY/COUNTY TRANSPORTATION ENHANCEMENT PROGRAM, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah approves an Interlocal Cooperation Agreement between the City of Paducah and McCracken County, Kentucky, for the administration and operation of a transportation enhancement program relating to infrastructure projects across the boundaries of the City and County, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton { (4). ORD.#2005-12-7052; BK 30; PG '__ .�/ I DECERTIFICATION OF INSPECTION CLASSIFICATIONS AS CIVIL SERVICE POSITIONS Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE RECLASSIFYING ALL CODE ENFORCEMENT OFFICER BUILDING INSPECTOR POSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE". This ordinance is summarized as follows: The classes of positions at the City of Paducah which traditionally perform code enforcement and building inspection duties in the City's inspection department, as specifically identified herein, are hereby designated as non -civil service. Those positions are as follows: Code Enforcement Officer Deputy Building Inspector Deputy Building Inspector II Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD. 92005-12-7053; BK 30; PG WATERFRONT PLAN CONSULTANT CONTRACT 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 AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF A WATERFRONT COMPREHENSIVE PLAN." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an agreement between the City of Paducah and JJR, in an amount not to exceed $150,000.00 for professional planning services related to the development of the Waterfront Comprehensive Plan. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2005-12-7054; BK 30; PG 665 DECEMBER 13, 2005 APPROVE INTERLOCAL AGREEMENT FOR SHARING HEALTH INSURANCE GROUP FOR PRISONERS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH (CITY) AND MCCRACKEN COUNTY (COUNTY), KENTUCKY RELATING TO MEDICAL COSTS FOR PRISONERS OR DETAINEES OF THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah approves an Interlocal Cooperation Agreement between the City of Paducah and McCracken County, Kentucky, for mutual cooperation in administering a medical services program for persons under control, being detained, or arrested by the City of Paducah Police Department, and authorizing the Mayor to execute same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2005-12-7055; BK 30; PG ORDINANCES — INTRODUCTION 800MHz REBANDING — PROFESSIONAL SERVICES Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES ASSOCIATED WITH THE REBANDING OF THE 800MHz RADIO SYSTEM." This ordinance is summarized as follows: The City of Paducah authorizes and directs the Mayor to execute an agreement for professional legal services associated with the FCC mandated rebanding of the 800 MHz radio system. If services are necessary hourly rates will be charged ranging from $180.00 to $415.00. 2005 KY RENAISSANCE ON MAIN GRANT AWARD 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 ALL DOCUMENTS NECESSARY TO ACCEPT FUNDS FOR A RENAISSANCE ON MAIN GRANT FOR THE CITY OF PADUCAH'S OHIO RIVER PUBLIC ACCESS FACILITY PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute all documents necessary with the Kentucky Governor's Office for Local Development for a Renaissance On Main Grant in the amount of $150,000 for the construction of handicapped accessible comfort stations and a retail store/fueling station that are part of the Ohio River Public Access Facility Project. PURCHASE PLAYGROUND EQUIPMENT Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT 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 the total sum of $54,562.00 to GameTime for the purchase and installation of playground equipment to be located in Noble Park in the City of Paducah, in compliance with Sec. 2-661, Cooperative Purchasing of the Code of Ordinances of the City of Paducah, Kentucky, and authorizing the Mayor to execute a contract for same. PURCHASE TURN OUT GEAR /PROTECTIVE CLOTHING Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PURCHASE OF FIRE STRUCTURAL TURN OUT GEAR, FOR USE BY THE FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a contract with Bluegrass Fire Equipment in the amount of $10,380, for fire structural turn out gear for the Fire Department. M. DECEMBER 13, 2005 INTENT TO ANNEX PROPERTY LOCATED ON OLIVET CHURCH ROAD Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY INTENT TO ANNEX CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Approving intent to annex a tract of property contiguous to the present city limits, located on Olivet Church Road, containing 26.72 acres more or less. APPROVE FUEL CONTRACT FOR CITY VEHICLES Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF WAGNER WHOLESALE, L.L.C., D.B.A.SMOKE SHOP FOR THE CITY'S FUEL SUPPLY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The Mayor is hereby authorized to execute an agreement for a period of one (1) year with Wagner Wholesale, L.L.C., D.B.A. Smoke Shop for its supply of gasoline and diesel fuel at OPIS (Oil Price Information Service) price plus $.05 per gallon. PURCHASE VEHICLES FOR VARIOUS CITY DEPARTMENTS Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF PADUCAH FORD FOR SALE TO THE CITY OF VEHICLES FOR USE BY VARIOUS DEPARTMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bids of Paducah Ford for sale to the City of various vehicles in the total amount of $153,830.00, and authorizes the Mayor to execute a contract for same. AMEND CH.2 AND CH. 42 OF THE CODE OF ORDINANCES TO PROHIBIT ILLICIT DISCHARGE NUISANCES FOR THE CITY'S STORM SEWER SYSTEM Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2 REGARDING CITY CITATION OFFICERS AND AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY TO PROHIBIT ILLICIT DISCHARGE NUISANCES INVOLVING THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)." This ordinance is summarized as follows: This ordinance adds the City Engineer to Chapter 2, Section 571(b) to include the City Engineer as a City citation officer as referenced in the City of Paducah Nuisance Enforcement Code. This ordinance also establishes a new Section 42-52 under the Nuisance Enforcement Code. The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. This new Section 42-52 defines illicit discharges as a nuisance under the Nuisance Enforcement Code. It provides for definitions and prohibitions declaring illicit discharges to be illegal nuisances. It further provides for inspection, monitoring, testing, and enforcement under the mechanisms of the Nuisance Enforcement Code. AMEND CH. 50 OF THE CODE OF ORDINANCES — STORMWATER CONVEYANCE AND MANAGEMENT REGARDING POST CONSTRUCTION Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 50-151 THROUGH SECTION 50-157 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance hereby amends Sections 50-151 through 50-157 of the Code of Ordinances of the City of Paducah. The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. 667 DECEMBER 3, 2005 These amendments are vital in promoting the health, safety, and general welfare of the public. It is the intent of these amendments to minimize surface water pollution carried to receiving streams and to improve life and property, to protect local water quality, and maintain the integrity of stream channels that might be affected by runoff control devices. Design criteria for stormwater conveyance systems are outlined in these amendments. These amendments include a penalty which is as follows: Sec. 50-157. Penalty. Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars ($100.00)/day and not more than five hundred dollars ($500.00)/day, or by imprisonment for not more than ninety (90) days, or both, for each separate offense. Each day there is a violation of any part of this Ordinance shall constitute a separate offense. AMEND CH. 50 OF THE CODE OF ORDINANCES TO CREATE ARTICLE IV - EROSION PREVENTION AND SEDIMENT CONTROL Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 50, BY CREATING ARTICLE IV, EROSION PREVENTION AND SEDIMENT CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. This ordinance creates a new Article IV within Chapter 50 of the Code of Ordinances of the City of Paducah. This new section is intended to protect the general health, safety, and welfare of the citizens of Paducah and to comply with federal legislation. This ordinance will establish criteria to control land disturbances, soil storage, and erosion and sedimentation resulting from disturbing activities and establishes procedures for issuance, approval, administration, and enforcement of an Erosion Prevention and Sediment Control (EPSC) permit. This ordinance contains a penalty provision that reads as follows: Should the Issuing Authority or City take legal action to enforce the provisions of this Ordinance, the Issuing Authority or City shall be entitled to collect any and all costs in instituting and taking such legal action, including but limited to its court costs and attorney's fees. SALE OF SPECULATIVE BUILDING IN INFORMATION AGE PARK Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AND A & K CONSTRUCTION, INC., WITH RESPECT TO A PUBLIC PROJECT AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as follows: Finding a public purpose and providing economic incentives and awarding the incentives to A & K Construction, Inc., in consideration of it expanding its existing business and industry by acquiring land, expanding its corporate headquarters, and relocating its corporate headquarters to the Information Age Park Subdivision in McCracken County, Kentucky, authorizing an expenditure up to $15,900 from the Reserve for Economic Development Incentives, and authorizes the Mayor to execute a Memorandum of Understanding for said project. 668 DECEMBER 13, 2005 CITY MANAGER REPORT • Calendar Items • Karen Sloan, independent owner of gas station, left a letter for the Board regarding the prepayment of gasoline and diesel fuel at the pumps. City Manager will distribute letter. COMMISSIONER CONCERNS Commissioner Coleman is concerned with the image Paducah may get for poor labor management due to the City's approval of the Right to Work Resolution. i' Upon motion the meeting adjourned. ADOPTED: January 10 , 2006 City Clerk