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."
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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,
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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
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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
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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,
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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
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City
Clerk
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