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HomeMy WebLinkAbout02/10/04325 FEBRUARY 10, 2004 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 10, 2004, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). Commissioner Smith was out of town (1). PRESENTATION DONKEY BASKETBALL FOR UNITED WAY Janet Dicke, coordinator for the United Way fundraiser for the City reported it was a huge success. The City sold almost 1,000 tickets and made and donated $3,471.80. 01 MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for January 27 and February 6, 2004, 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, Montgomery, and Mayor Paxton (4). APPOINTMENTS BROOKS STADIUM COMMISSION Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Leo Green and Coy Stacey as members of the Brooks Stadium Commission, which terms will expire December 5, 2007." Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Leo Green and Coy Stacey as members of the Brooks Stadium Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). BOARD OF ETHICS Mayor Paxton made the following reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Jill Gott Wrye as a member of the Board of Ethics, which term will expire February 10, 2007, and; WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mark C. Whitlow as a member of the Board of Ethics, which term will expire February 10, 2006." Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Jill Gott Wrye and Mark C. Whitlow as members of the Board of Ethics. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). PADUCAH-McCRACKEN COUNTY CONVENTION & VISITORS' BUREAU Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Tom Emerson as a member of the Paducah - McCracken County Convention and Visitors Bureau, which term will expire December 31, 2006." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Tom Emerson as a member of the Paducah -McCracken County Convention and Visitors Bureau. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). 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 Sue Clark as a member of the Paducah -McCracken County Convention and Visitors Bureau, whose term will expire December 31, 2006." 326 FEBRUARY 10, 2004 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 Sue Clark as a member of the Paducah -McCracken County Convention and Visitors Bureau. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). BOARD OF CIVIL SERVICE Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Russell Chittenden as a member of the Board of Civil Service Commissioners. This term will expire September 22, 2005." Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the . Board of Commissioners approve the action of Mayor Paxton in reappointing Russell Chittenden as a member of the Board of Civil Service Commissioners. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Dennis Jackson as a member of the Board of Civil Service Commissioners. This term will expire December 9, 2005." Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Dennis Jackson as a member of the Board of Civil Service Commissioners. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Rollie France as a member of the Board of Civil Service Commissioners. This term will expire September 22, 2006." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Rollie France as a member of the Board of Civil Service Commissioners. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Peyton B. Cromwell as a member of the Board of Civil Service Commissioners. This term will expire December 9, 2006." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Peyton B. Cromwell as a member of the Board of Civil Service Commissioners. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, 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. Contracts: (a) Lease Renewal Agreement between the Commonwealth of Kentucky Department of Juvenile Justice and the City of Paducah (2003-12-6729) K, 327 FEBRUARY 10, 2004 (b) Memorandum of Agreement between the Commonwealth of Kentucky and the City of Paducah for the 2003 Land and Water Conservation Fund Grant Award for the Noble Park Amphitheater Renovation Project (2003-8-6682) 2. Easement: (a) Release of Easement between the City of Paducah and LAM Properties, LLC, for a 20' easement located at 1049 Kentucky Avenue to property located at 1044 Broadway (2003-11-6724) 3. Notice of Cancellation for the Regular Scheduled Meeting for February 3, 2004 4. Financial Highlights - Paducah Water Works for December 2003 5. Deeds: (a) Deed between City of Paducah and Vernon E. Gary for property located at 1237 Park Avenue (2004-1-6742) Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). PRESENTATIONS HERITAGE PLACE CONSTRUCTION AND HOME OWNERSHIP PLAN Cal Ross, Director of Paducah Housing Authority, requested funds from the City to extend 7th Street through the block area that is set to be Heritage Place. This area covers about 11/2 blocks and is bordered by 8th Street, Tennessee Street, Ohio Street and Roof Lane. The Paducah Housing Authority is building the homes to implement a home ownership program, for low- income families. LOWERTOWN REDEVELOPMENT Tom Barnett, Director of Planning, asked the Board to consider an additional $150,000 in funding to allow the Urban Renewal Board and the Planning to acquire additional structures in Lowertown. The property owners have either contacted the City to purchase the property or the City will be purchasing properties, which have been repossessed by financial institutions. The purchase of the deteriorated properties will help to further the revivification of the Lowertown neighborhood. MUNICIPAL ORDERS COMMISSION CONTINGENCY FUND TRANSFER FOR ROAD CONSTRUCTION FOR HERITAGE PLACE Commissioner Montgomery offered motion, seconded by Commissioner Coleman that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $77,000.00 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE CAPITAL IMPROVEMENT FUND," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). M.O. 1036; BK 5; PG a 05 FUNDING FOR ADDITIONAL LOWERTOWN REDEVELOPMENT INVESTMENT Commissioner Montgomery offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $150,000 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE LOWERTOWN REVITALIZATION ACCOUNT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). M.O. 1037; BK 5; PG .06 I ADOPT TABLE 2, CLASSIFICATION & PAY SCHEDULE FOR ENGINEERING & PUBLIC WORKS DEPT. Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/ PAY SCHEDULE, FOR NON -CIVIL SERVICE, POLICE AND FIRE FOR CITY OF PADUCAH EMPLOYEES," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). M.O. 1038; BK 5; PG o I 328 FEBRUARY 10, 2004 PERSONNEL CHANGES Commissioner Guess offered motion, seconded by Commissioner Coleman, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah orders that the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). ORDINANCES — ADOPTION ACCEPTANCE OF PERMANENT RIGHT OF WAY FOR THE PECAN DRIVE'' ROADWAY IMPROVEMENT PROJECT Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL OTHER DOCUMENTS RELATING TO SAME FOR ACCEPTING DONATION OF A PORTION OF PROPERTY LOCATED AT 4520 VILLAGE SQUARE DRIVE." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance and all other documents relating to same between the City of Paducah and Strawberry Hill, LLC for accepting a donation of a portion of property (1.5995 acres) located at 4520 Village Square Drive for the Pecan Drive Roadway Improvement Project. Adopted on call of the roll, yes, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). ORD. NO. 2004-2-6757; BK 30; PG I C? FINAL SUBDIVISION APPROVAL FOR HILL TERRACE DEVELOPMENT, INC. Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED FINAL SUBDIVISION OF PROPERTY OF HILL TERRACE DEVELOPMENT INC LOCATED ON HILL TERRACE, ACCEPTING THE DEDICATION OF 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 Hill Terrace Developments. Inc., for property located on Hill Terrace, and accepting the dedication of 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). ORD. NO. 2004-2-6758; BK 30; PG --�D PURCHASE TURN OUT GEAR/PROTECTIVE CLOTHING FOR FIRE DEPT. Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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 Pro -Fire Equipment, LLC in the amount of $11,329.00, for fire structural turn out gear for the Fire Department. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). ORD. NO. 2004-2-6759; BK 30; PG 2003 ASSISTANCE FOR FIREFIGHTERS GRANT PROGRAM 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 ALL DOCUMENTS NECESSARY BETWEEN THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE CITY OF PADUCAH FOR A MATCHING GRANT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT AND ANCILLARY ITEMS." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute all documents necessary with the Federal Emergency Management Agency for a Federal Emergency Management Agency Firefighters Matching 329 FEBRUARY 10, 2004 Grant in the amount of $105,365 for the purchase of Exhaust Removal/Exhaust Extraction Systems and a training system. The City's cash match will be in the amount of $11,707. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). ORD. NO. 2004-2-6760; BK 30; PG o2a ORDINANCES — INTRODUCTION FINAL FY2002-2003 BUDGET REVISION Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING I'i� ORDINANCE NUMBER 2002-6-6538, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2002, THROUGH JUNE 30, 2003, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT."' This ordinance is summarized as follows: Amending Ordinance No. 2002-6-6538, to reflect actual revenues and expenditures for Fiscal Year July 1, 2002, through June 30, 2003. ACCEPTANCE OF PERMANENT RIGHT-OF-WAY FOR THE PECAN DRIVE ROADWAY IMPROVEMENT PROJECT FROM BAPTIST HEALTHCARE SYSTEM, INC. Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL OTHER DOCUMENTS RELATING TO SAME FOR ACCEPTING DONATION OF A PORTION OF PROPERTY LOCATED AT 180 PECAN DRIVE." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance and all other documents relating to same between the City of Paducah and Baptist Healthcare System, Inc., for accepting a donation of a portion of property located at 180 Pecan Drive for the Pecan Drive Roadway Improvement Project. ENCROACHMENT AGREEMENT WITH PRECISION MACHINE, INC. Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of �l Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND PRECISION MACHINE, INC., FOR AN ENCROACHMENT UPON A PORTION OF CITY OF PADUCAH RIGHT-OF-WAY OF SOUTH 4'H STREET." This ordinance is summarized as follows: Authorize the Mayor to enter into an Encroachment Agreement with Precision Machine, Inc., for construction of a chain link fence to be located along the right of way of South 4a' Street. PROPOSED CLOSING OF A PORTION OF DUNDALE ROAD Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF DUNDALE ROAD LOCATED ADJACENT TO OAK STREET." This ordinance is summarized as follows: Closing a portion of Dundale Road located adjacent to Oak Street, and authorizing, empowering and directing the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public way to be closed. 2003 CALENDAR YEAR STREET RESURFACING PROGRAM CHANGE ORDER NO. 2 FOR GRANTING TIME EXTENSION Commissioner Montgomery 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 #2 WITH JIM SMITH Cl CONTRACTING CO., INC., FOR THE CITY OF PADUCAH'S 2003 STREET RESURFACING PROGRAM." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 2 for the City of Paducah's 2003 Street Resurfacing Program granting a time extension from March 1, 2004 to April 2, 2004. AMEND TRUCK ROUTE ORDINANCE Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CH. 110, TRAFFIC AND VEHICLES OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Amending Ch. 110, 330 FEBRUARY 10, 2004 Traffic and Vehicles of the Code of Ordinances, to further define the operation of trucks on public ways, set regulations for parking of semi -trailers, granting authority to police officers for violation of this chapter, and setting time frame for truck traffic on 6`h Street and Campbell Street. PUBLIC DISCUSSION REGARDING PROPOSED TRUCK ROUTE Rick Murphy, Bob Freudenthal, and Steve Ervin presented information for the proposed truck route. John Gust, Dr. Rinzulli, and Sharon Clymer voiced their opposition to the proposed truck route. They would like for the route to stay the way it is now. Jack Campbell, General Manager of Midwest Terminal, responded to some of the concerns that were mentioned by the residents in the area. Everyone (staff, residents and Board) was in agreement that no trucks should travel northbound on 6h Street. After much discussion, the Commission requested the Traffic Commission to come up with an ordinance that does not allow 6a' Street between Park Avenue and Martin Luther King, Jr. Blvd to be included in the proposed truck route. AMEND CH. 102, SUBDIVISIONS OF THE CODE OF ORDINANCES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 102, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby amends sections within Chapter 102, Subdivisions, of the Code of Ordinances to revise subdivision standards. AMEND CH. 126-76, SIGN REGULATIONS, OF THE CODE OF ORDINANCES Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-76(b) and (e), Sign Regulations, of Chapter 126, Zoning, of the Code of ordinances of the City of Paducah, Kentucky, is amended to add the definition for Campus Sign and adding Campus Signs to be permitted in all zones and districts with Planning Commission approval. ZONE CHANGE FOR PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF HANSEN ROAD AND PERKINS CREEK DRIVE Commissioner Montgomery 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 ON THE PROPOSED ZONE CHANGE FOR 9.862 ACRES OF PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF HANSEN ROAD AND PERKINS CREEK DRIVE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone 9.862 acres located at the northwest intersection of Hansen Road and Perkins Creek Drive from R-1 (Low Density Residential Zone) to R-3 (Medium Density Residential), and amending the Paducah Zoning Ordinance to effect such rezoning. CITY MANAGER REPORT • Announced an emergency repair was required for a pipeline under the floodwall. Engineering Department will come to the Board with an ordinance for payment when work is completed. • City Manager's office has received several email supporting a skate park. • Request from River Heritage Museum to make use of old PATS garage for storage of middle to last century steamboat that is being donated to them. • Request for executive session to discuss a personnel item. li J]";) FEBRUARY 10, 2004 PUBLIC COMMENTS George Wiggins, retired firefighter, requested funds to help retirees under age of 65 to pay for health insurance premiums. There are 8 retirees that this will affect. Mr. Wiggins also has a concern with the firefighter's contract language regarding retirees that the Fire Department wants to delete. Has requested that wording be kept in contract. The Board agreed to discuss the situation and make a decision in a timely manner. EXECUTIVE SESSION Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the Board go into closed session for discussion matters pertaining to the following topics: Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f). Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, and Mayor Paxton (4). Upon request by The Paducah Sun for the purpose of the executive session, it was determined that the personnel matter was not a permitted topic for discussion in executive session. Therefore, discussion was not held and there was not an Executive Session. Upon motion the meeting adjourned. ADOPTED: February 24, 2004 jWMrr",//S &4- City Clerk 331