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APRIL 12, 2005
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City
Hall at 6:00 p.m., Tuesday, April 12, 2005, Mayor Paxton presided, and upon call of the roll by the
Assistant City Clerk, the following answered to their names: Commissioners Coleman, Guess,
Smith and Mayor Paxton (4). Commissioner Sirk was absent (1).
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the
Minutes for March 22nd and March 29th, 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, Smith and Mayor Paxton (4).
APPOINTMENTS
PADUCAH WATERFRONT DEVELOPMENT MASTER PLAN COMMITTEE
Mayor Paxton made the following appointments: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby appoint Glen Anderson and Michael Walker to the Paducah
Waterfront Development Master Plan Committee. These terms will expire June 30, 2008."
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Glen Anderson and Michael
Walker as members of the Paducah Waterfront Development Master Plan Committee.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
PADUCAH GOLF COMMISSION
Mayor Paxton made the following appointments: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby reappoint Rick Lloyd to the Paducah Golf Commission. This
term will expire March 26, 2009."
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Rick Lloyd to the Paducah Golf
Commission. This term will expire March 26, 2009.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
MOTIONS
R & F DOCUMENTS & BIDS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following
documents be received and filed:
DOCUMENTS
1. Certificate of Insurance:
(a)
Louisville Paving Co., Inc.
2. Contracts/Agreements:
(a)
Hartland Equipment Corporation for Purchase of One Tiger Triple Gang Flail
Mower and Tilt Switch (2005-2-6932)
(b)
Paducah Symphony Orchestra for Specific Services (2004-7-6836)
(c)
Memorandum of Understanding with Housing Authority of Paducah for the
Neighborhood After School Program (M.O. 1127)
(d)
Encroachment Agreement with Easter Seals West Kentucky (M.O. 1120)
(e)
Real Estate Lease with William Clark Market House Museum Portion of the
Market House Building (M.O. 1123)
(f)
Real Estate Lease with Market House Theatre Portion of the Market House
Building (M.O. 1122)
3. Deeds:
(a) QuitClaim Deed for an alley closure with Jack L. Buri and wife, Terri Buri (2005-
3-6939)
(b) QuitClaim Deed for an alley closure with James Coltharp, Jr, and wife, Heather
Coltharp (2005-3-6939)
4. Edwin J. Paxton Park Financial Statement 2004
5. Paducah Water Works Financial Highlights for February, 2005
6. Notice of Cancellation for the Board of Commissioners Meeting of April 5, 2005
BIDS
Proposals from Williams, Williams & Lentz and Kemper CPA Group for Audit and
Professional Services for the Electric Plant Board of the City of Paducah
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith, and Mayor Paxton (4).
534
APRIL 12, 2005
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, Guess, Smith, and Mayor Paxton (4).
APPROVE SALE OF PROPERTY LOCATED AT 1150 N. 13TH STREET
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order
entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR
THE SALE OF REAL PROPERTY LOCATED AT 1150 NORTH 13TH STREET," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
M.O. #1131; BK 5; PG
Commission Coleman questioned why property on 12'h Street was auctioned and this property was
sold to the next-door neighbor. Mayor Paxton asked Tom Barnett, Director of Planning, to look
into the reason for the difference in sale of the properties.
PURCHASE PROPERTY FOR DEVELOPMENT OF THE GREENWAY TRAIL
Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order
entitled, "A MUNICIPAL ORDER APPROVING THE ACQUISITION OF REAL PROPERTY
LOCATED ALONG PERKINS CREEK AND ADJACENT TO STUART NELSON PARK FOR
THE DEVELOPMENT OF THE GREENWAY TRAIL," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
M.O. #1132; BK 5; PG
APPROVE APPLICATION FOR 2005 ASSISTANCE FOR FIREFIGHTERS GRANT
PROGRAM
Commissioner Smith offered motion, seconded by Commissioner Coleman, that a Municipal Order
entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A 2005
ASSISTANCE FOR FIREFIGHTERS GRANT PROGRAM APPLICATION AND ALL
DOCUMENTS NECESSARY THROUGH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY IN THE AMOUNT OF $108,625.00, FOR FUNDING TO BE USED FOR THE
PADUCAH FIRE DEPARTMENT", be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
M.O. #1133; BK 5; PG
ORDINANCE -EMERGENCY
ANNEXATION OF 2.731 ACRES LOCATED ON PERKINS CREEK DRIVE
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE EXTENDING
THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE
ANNEXATION OF 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 final annexation of a tract of property contiguous
to the present city limits, located on Perkins Creek Drive, containing 2.731 acres more or less.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6947; BK 30; PG
APPROVE CONTRACT FOR PRODUCTION OF "THIS IS AMERICA" PROGRAM
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce and adopt an ordinance entitled: "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A LETTER OF AGREEMENT BETWEEN THE PADUCAH
BANK, THE CITY OF PADUCAH, KENTUCKY, AND DENNIS WHOLEY ENTERPRISES,
INC. FOR PRODUCTION OF "THIS IS AMERICA" PROGRAM." This ordinance is
summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a Letter
of Agreement between Paducah Bank, the City of Paducah, Kentucky, and Dennis Wholey
Enterprises, Inc., for production of "This Is America" program in the amount of $20,000.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6948; BK 30; PG
535
APRIL 12, 2005
ORDINANCES — ADOPTION
ACCEPT SECTION 8 HOUSING CHOICE VOUCHERS
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING SECTION 8
HOUSING CHOICE VOUCHERS FOR THE CITY OF PADUCAH SECTION 8 PROGRAM".
This ordinance is summarized as follows: The City of Paducah hereby accepts 44 Housing Choice
Vouchers from the U.S. Department of Housing & Urban Development in the amount of $151,008
annually and one time administrative payment of $9,250 for the City of Paducah Section 8 Program
to replace housing conversion actions at Southgate Manor Apartments.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6949; BK 30; PG
PURCHASE FRONT -LOADING REFUSE CONTAINERS
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an ordinance entitled, ""AN ORDINANCE ACCEPTING THE BID OF
WASTEQUIP HOLT FOR THE PURCHASE OF FRONT -LOADING REFUSE CONTAINERS
AND, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This
ordinance is summarized as follows: The City of Paducah accepts the bid of Wastequip Holt in an
amount not to exceed $50,000.00, for furnishing the City with 64 refuse containers, of various
sizes, for use by the Public Works Department/Solid Waste Division, and authorizes the Mayor to
execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6950; BK 30; PG
APPROVE ENGINEERING DESIGN SERVICES FOR PECAN DRIVEBUCKNER LANE
ROADWAY PROJECT
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 CHANGE ORDER NO. 3 WITH FLORENCE &
HUTCHESON, INC., FOR THE PECAN DRIVE BRIDGE CONSTRUCTION PROJECT". This
ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute
Change Order No. 3 in an amount not to exceed $61,024.00 with Florence & Hutcheson, Inc., for
additional surveying and design services to relocate the mainline roadway at the intersection with
Alben Barkley Drive, increasing the total cost to $395,603.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6951; BK 30; PG
INTERLOCAL COOPERATION AGREEMENT FOR THE STORMWATER PHASE H
PROGRAM
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
PADUCAH, KENTUCKY AND DISTRICT ONE OF THE KENTUCKY TRANSPORTATION
CABINET, FOR STORMWATER PHASE 11 RESPONSIBILITIES." This ordinance is
summarized as follows: The City of Paducah hereby authorizes the Mayor to execute an interlocal
agreement with District One of the Kentucky Transportation Cabinet for Stormwater Phase Il
responsibilities.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4).
ORD. #2005-4-6952; BK 5; PG
ORDINANCES — INTRODUCTION
OPTION TO PURCHASE AGREEMENT FOR PADUCAH WATER WORKS SURPLUS
PROPERTY
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING SALE OF
MUNICIPALLY OWNED REAL PROPERTY HELD FOR THE USE AND BENEFIT OF THE
PADUCAH WATER WORKS." This ordinance is summarized as follows: This ordinance
authorizes the Mayor of the City of Paducah, Kentucky, to execute an option to purchase
agreement with a prospective purchaser, wherein the City of Paducah agrees to sell surplus
municipal real property for the purchase price of $300,000.00. All monies realized from the option
to purchase agreement, including all option prices and the purchase price paid thereunder, shall be
received by the City for the benefit of the Paducah Water Works.
CONTRACT WITH EBC FOR PROVIDING CLAIMS ADMINISTRATIVE SERVICES
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
536
APRIL 12, 2005
MAYOR TO EXECUTE AN AGREEMENT FOR THIRD PARTY ADMINISTRATOR
SERVICES FOR THE GROUP HEALTH INSURANCE PLANS FOR THE CITY OF
PADUCAH, KENTUCKY." This ordinance is summarized as follows: The Mayor is hereby
authorized and directed to execute a Service Agreement between Employment Benefit Claims of
Wisconsin, Inc., (EBC) and the City of Paducah for Third Party Administrator services for the
group health insurance plan for the City of Paducah. This agreement shall be effective January 1,
2005.
PURCHASE EMERGENCY BACK-UP DISPATCH SYSTEM
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
FINANCE DIRECTOR TO PAY JACKSON PURCHASE 2 -WAY FOR THE SOLE SOURCE
PURCHASE OF ZETRON DISPATCHING EQUIPMENT FOR THE PADUCAH FIRE
DEPARTMENT." This ordinance is summarized as follows: The Finance Director is hereby
authorized to pay Jackson Purchase 2 -Way for the sole source purchase in the amount of
$38,820.00 for the Zetron Dispatching Equipment for the Paducah Fire Department.
ACCEPT PROPOSAL FOR FINANCIAL AUDIT FOR PADUCAH POWER SYSTEM
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
PROPOSAL FOR FINANCIAL AUDITS FOR ELECTRIC PLANT BOARD DBA PADUCAH
POWER SYSTEM FOR FISCAL YEARS ENDING JUNE 30, 2005, 2006, 2007 AND 2008,
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO
SAME." This ordinance is summarized as follows: That the City of Paducah accepts the proposal
of Williams, Williams, & Lentz, LLP Certified Public Accountants for financial audits for Electric
Plant Board DBA Paducah Power System for Fiscal Years ending June 30, 2005, 2006, 2007 and
2008 for a total sum not to exceed $52,200.00, and authorizing the Mayor to execute all documents
relating to same.
CHANGE ORDER NO.2 FOR CITY HALL HVAC IMPROVEMENT PROJECT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.2 FOR THE CITY HALL
HVAC IMPROVEMENT PROJECT." This ordinance is summarized as follows: The Mayor is
hereby authorized and directed to execute Change Order No. 2 for an increase in the amount of
$3,491.00 with Swift and Staley Mechanical Contractors, Inc., for modifications to the original
scope of work necessary to finalize the project, increasing the total cost to $180,506.00.
CONTRACT RENEWAL FOR SOLID WASTE DISPOSAL
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT RENEWAL WITH COMMERCIAL WASTE
DISPOSAL, INC., D.B.A. CWDI, FOR DISPOSAL OF CITY AND COUNTY MUNICIPAL
SOLID WASTE, AND CERTAIN OTHER WASTE." This ordinance is summarized as follows:
The Mayor is hereby authorized to execute a contract renewal for a period of five (5) years with
Waste Disposal, Inc., D.B.A. CWDI for disposal of city and county municipal solid waste, and
certain other waste with the following exception; discontinuance of the recyclable transport service
and the use of recyclable convenience centers.
APPROVE CHANGE ORDER NO.4 FOR PADUCAH PARKS PHASE I PROJECT
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 CHANGE ORDER NO.4 WITH WILKINS
CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF PADUCAH PARKS PHASE
I PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and
directed to execute Change Order No. 4 in the amount of ($1,464.00) for the City of Paducah's
Parks Phase I Project, decreasing the total contract price to $823,024.00.
CONTRACT FOR SUMMER FOOD PROGRAM
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY
OF PADUCAH TO PAY THE PADUCAH INDEPENDENT SCHOOL SYSTEM FOR THE
SUMMER FOOD PROGRAM FOR CHILDREN'S LUNCHES." This ordinance is summarized
as follows: That the City is hereby authorized to pay to the Paducah Independent School System
an amount not to exceed $34,720, for the Summer Food Program for children's lunches. The City
will be reimbursed for this expenditure by the Kentucky Department of Education, Division of
School and Community Nutrition.
537
APRIL, 12, 2005
EXECUTE AGREEMENT FOR GRANT FOR RIVER HERITAGE MUSEUM
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT AND ALL DOCUMENTS NECESSARY TO
OBTAIN FUNDS FROM THE KENTUCKY TRANSPORTATION CABINET FOR THE RIVER
HERITAGE MUSEUM." This ordinance is summarized as follows: The Mayor is hereby
authorized to execute an agreement and all documents necessary with the Kentucky Transportation
Cabinet to obtain funds in the amount of $878,850 to be used for the River Heritage Museum Phase
II Improvement Project. The local required cash match in the amount of $219,712.50 will be
provided by the River Heritage Museum.
AUTHORIZE INTERLOCAL COOPERATION AGREEMENT FOR CITY/COUNTY
COMPREHENSIVE PLAN
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT AND ALL DOCUMENTS.NECESSARY TO
OBTAIN FUNDS FROM THE KENTUCKY TRANSPORTATION CABINET FOR THE RIVER
HERITAGE MUSEUM." This ordinance is summarized as follows: The Mayor is hereby
authorized to execute an agreement and all documents necessary with the Kentucky Transportation
Cabinet to obtain funds in the amount of $878,850 to be used for the River Heritage Museum Phase
11 Improvement Project. The local required cash match in the amount of $219,712.50 will be
provided by the River Heritage Museum.
APPROVE PROFESSIONAL SERVICE AGREEMENT FOR THE DEVELOPMENT OF
THE CITY/COUNTY COMPREHENSIVE PLAN
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance 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: That the
Mayor is hereby authorized and directed to execute an agreement between the City of Paducah,
McCracken County and Lane Kendig, Inc., in an amount not to exceed $50,000.00 for professional
planning services related to the development of the 2025 Comprehensive Plan Update.
APPROVE FINAL SUBDIVISION FOR LAKEWOOD VILLAS
Commissioner Smith 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 HIGDON DEVELOPMENT, INC., FOR PROPERTY
LOCATED ON BLEICH ROAD AND ACCEPTING THE DEDICATION OF LAKEWOOD
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 Higdon Development, Inc., for property located on Bleich Road, and
accepting the dedication of Lakewood Drive right-of-way and utility easements. In addition, the
City of Paducah hereby accepts an Irrevocable Standby Letter of Credit in the amount of
$30,000.00 and authorizes the Mayor to subscribe a certificate of approval on the plat.
FINAL ANNEXATION FOR PADUCAH JUNIOR COLLEGE
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE EXTENDING THE
BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE
ANNEXATION OF CERTAIN PROPERTIES 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 final annexation of two tracts of property
contiguous to the present city limits, located on the south side of Alben Barkley Drive and the east
side of Kentucky Highway 1296, containing 39.81 acres more or less.
CITY MANAGER REPORT
• Calendar Items
• Lyle Sumek — City Manager asked the Commission if they wanted to schedule Mr. Sumek
for the Commission Advance next year. Both Commissioner's Coleman and Smith want
more information regarding cost before they commit. Mr. Zumwalt will get information to
the Commission at the next meeting.
• Fire Rescue Training & Specialty Pay — Chief Benton spoke of the upcoming rescue
training in which some of the firefighters would be participating. He asked the
Commission if they would approve Specialty Pay for those trained firefighters. After
discussion, the Mayor asked the firefighters to obtain the training and show that they can
coordinate efforts with DES and other emergency agencies and then come back before the
Commission with their request.
AF
APRIL, 12, 2005
EXECUTIVE SESSION
Commissioner Guess offered motion, seconded by Commissioner Coleman, 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)(g).
Adopted on call of the roll, yeas, Commissioners Guess, Sirk, Smith and Mayor Paxton (4).
Upon motion the meeting adjourned.
ADOPTED: April .26 '2005
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