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HomeMy WebLinkAbout11/09/04465 NOVEMBER 9, 2004 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 9, 2004, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). REPORT FOR LEAF PICK-UP Public Works Director Earnie Via reported on the progress of leaf pickup within the City limits. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for October 25 and 26, 2004, be waived and that the Minutes of said meetings prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS & BIDS Commissioner Guess offered motion, seconded by Commissioner Smith, that the following documents and bids be received and filed: DOCUMENTS 1. Contracts/Agreements: (a) Certificate of Substantial Completion from Brandstetter Carroll, Inc. for Paducah Parks Phase I completed by Wilkins Construction (b) Paducah Concert Band Contract for Specific Services through June 30, 2005 2. Notice of Cancellation for November 2, 2004 Commission Meeting 3. Police and Firefighters Pension Fund Valuation as of July 1, 2004 4. Paducah Water Works Financial Highlights for September 30, 2004 BIDS PUBLIC WORKS/SOLID WASTE DIVISION CONTAINER CARRIER & CHASSIS 1. Paducah Ford 2. Duckett Truck Center 3. Stringfellow 4. CMI Equipment PUBLIC WORKS/GROUNDS DIVISION COMMERCIAL GRADE MOWERS 1. Richards Small Engines 2. CFI 3. CFI (They quoted two separate models) 4. Rasche Cycle Company PUBLIC WORKS/CITY HALL HVAC COOLING TOWER REPLACEMENT & HVAC CONTROL UPGRADE 1. Tilford Contractors, Inc. 2. Chester Mechanical, Inc. 3. Triangle Enterprises 4. Preferred Industries 5. Swift & Staley Mechanical Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Montgomery offered motion, seconded by Commissioner Smith, 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, Montgomery, Smith and Mayor Paxton (5). • • II 1 NOVEMBER 9, 2004 ORDINANCES — ADOPTION CREATE LOCAL AIR BOARD Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CREATING AND ESTABLISHING AN ENTITY TO BE KNOWN AS THE BARKLEY REGIONAL AIRPORT BOARD; PROVIDING FOR THE APPOINTMENT OF MEMBERS; AND SETTING FORTH THE POWERS, FUNCTIONS AND DUTIES OF SAID AIRPORT BOARD." This ordinance is summarized as follows: The City of Paducah hereby creates and establishes the Barkley Regional Airport Board which shall have all the powers, functions and duties authorized' by the Local Air Board Act, KRS 183.132, et seq. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6883; BK 30; PG TRANSFER ASSETS TO NEW LOCAL AIR BOARD Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF REAL PROPERTY, PERSONAL PROPERTY AND OTHER ASSETS FROM CITY OF PADUCAH, KENTUCKY, TO BARKLEY REGIONAL AIRPORT BOARD." This ordinance is summarized as follows: This ordinance transfers real property, personal property, and other assets currently utilized by the Paducah Airport Corporation, Inc., to the newly created and established joint city/county Barkley Regional Airport Board, and authorizes the Mayor to execute all documents necessary to convey such transfer. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6884; BK 30; PG POLICE HVAC CONTRACT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF CHESTER MECHANICAL, INC., FOR HVAC RENOVATIONS AT THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Chester Mechanical, Inc., in the amount of $411,560.00 for HVAC renovations at the Paducah Police Department and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6885; BK 30; PG ENVIRONMENTAL ABATEMENT OF POLICE DEPT. MECHANICAL ROOM Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF THOMAS ENVIRONMENTAL FOR ENVIRONMENTAL ABATEMENT AT THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Thomas Environmental in the amount of $22,086.89, for environmental abatement of the mechanical room at the Paducah Police Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6886; BK 30; PG PURCHASE VEHICLES FOR VARIOUS DEPARTMENTS Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF PADUCAH FORD IN THE TOTAL AMOUNT OF $104,635.00, 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 two 3/4 ton gas super cab 4 wheel drive pickup trucks 467 NOVEMBER 9, 2004 in the amount of $44,698.00, one one -ton crew cab dump truck in the amount of $39,950.00, and one 3/4 ton gas crew cab 2 wheel drive pickup truck in the amount of $19,987.00 for use by the Public Works Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6887; BK 30; PG AMEND GIS INTERLOCAL AGREEMENT TO INCLUDE JSA AS FULL PARTNER Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING AN ADDENDUM TO AGREEMENT TO ESTABLISH PADUCAH/McCRACKEN COUNTY GEOGRAPHIC INFORMATION SYSTEM TO INCLUDE PADUCAH/McCRACKEN COUNTY E-911 EMERGENCY COMMUNICATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND APPROVING AN ADDENDUM TO AGREEMENT TO ESTABLISH PADUCAH/McCRACKEN COUNTY GEOGRAPHIC INFORMATION SYSTEM TO ADD AND INCLUDE PADUCAH/McCRACKEN COUNTY JOINT SEWER AGENCY AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: The City of Paducah hereby approves addendums to Agreement to Establish Paducah/McCracken County Geographic Information System to include Paducah/McCracken County E-911 Emergency Communication Services and Paducah/McCracken County Joint Sewer Agency and authorizes the Mayor to execute same. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6888; BK 30; PG REVISE NOISE ORDINANCE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ARTICLE IV. NOISE OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: The City of Paducah has amended its ordinance regulating uncontrolled noise within the City of Paducah. The ordinance maintains the restriction on prohibited noises, although some sound levels were lowered. The ordinance removed the time restrictions regarding enforcement. The ordinance also establishes temporary "Quiet Zones," which are areas to be determined by the Traffic Commission. Any area designated a "Quiet Zone" will have a sign posted to alert those passing by. The ordinance eliminates the hardship permit and establishes a special variance procedure, which allows a person to seek a variance from the noise prohibitions and noise level restrictions by filing an application with the City Manager thirty (30) days prior to the date on which the special variance is to be effective. As required by KRS 83A.060, the following Section 8 of the Ordinance is set forth in its entirety: The provisions of this article shall be enforced in the same manner as other violations of the City Code of Ordinances. Any person violating any of the provisions of this article shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof, shall receive a fine not to exceed $250.00 or a jail sentence not to exceed ninety (90) days, for each offense. Each day that such violation continues shall constitute a separate offense. This article and the foregoing penalties shall not be construed to limit or deny the right of the City or any person to such equitable legal remedies as may be available by law. Adopted on call of the roll, yeas Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2004-11-6889; BK 30; PG ORDINANCES — INTRODUCTION EDUCATIONAL DEVELOPMENT REVENUE BONDS FOR PADUCAH JUNIOR COLLEGE REAL ESTATE PURCHASE Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING .411.;. 468 NOVEMBER 9, 2004 AND PROVIDING FOR THE ISSUANCE OF THE CITY OF PADUCAH, KENTUCKY EDUCATIONAL DEVELOPMENT REVENUE BONDS (PADUCAH COLLEGE PROJECT), SERIES 2004, IN THE PRINCIPAL AMOUNT OF $900,000." This ordinance is summarized as follows: A. Authorizes and approves the issuance of the City of Paducah, Kentucky Educational Development Revenue Bonds (Paducah College Project) Series 2004, in the aggregate principal amount of $900,000 (the "Bonds") for the purpose of acquiring, constructing and equipping a "building" project to be constructed on a site that has been and will continue to be used and occupied by the College as part of its existing educational facilities, and for uses incidental thereto (the "Project") in Paducah,. Kentucky. B. Authorizes and approves the execution of (1) a Loan Agreement (the "Loan Agreement"), whereby the proceeds of the Bonds will be used by Paducah Junior College, Inc., a Kentucky non-profit corporation (the "College") or leased to the West Kentucky Community and Technical College, and whereby the Bonds will be retired from loan payments to be received from the College, and a lien against the College's facilities has been granted as security for such Bonds, as set forth in KRS 103.200 through 103.286, inclusive; (2) a Trust Indenture from the City to Union Planters Bank, Paducah, Kentucky (the "Bank"), whereby the Bonds will be secured by a foreclosable mortgage lien on the Project, including an assignment by the City to the Trustee of all rights of the City in and to the Loan Agreement; and (3) a Bond Purchase Agreement setting forth the terms of the public offering and sale of the Bonds. C. Provides that the maximum amount of Bonds which may be outstanding at any one time shall be $900,000. D. Authorizes the Mayor and other City officials to take any other necessary action, including executing the appropriate arbitrage certifications, to effect the issuance and delivery of the Bonds. E. Provides that the Bonds will not be a general obligation of the City, but will be payable solely out of the revenues and proceeds of the Project, including loan payments received under the Loan Agreement. LOAN GUARANTEE FOR INFORMATION AGE PARK SPECULATIVE BUILDING Commissioner Smith offered motion, seconded by Commissioner Montgomery that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE EXECUTION OF A FINANCING AGREEMENT WITH THE PADUCAH- McCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; AUTHORIZING THE EXECUTION OF ANY OTHER INSTRUMENTS NECESSARY TO CARRY OUT A PLAN OF REFINANCING CERTAIN OBLIGATIONS OF THE AUTHORITY AND THE COST OF FINANCING THE RENOVATION OF THE AUTHORITY'S ECONOMIC DEVELOPMENT FACILITY". This ordinance is summarized as follows: A. Authorizes the Paducah -McCracken County Industrial Development Authority (the "IDA") to proceed as an agency of the City and the County of McCracken (the "County") under a plan of financing to issue up $700,000 principal amount of its Notes (the "Notes"), for the purpose of refinancing certain outstanding debt obligations of the IDA and the Greater Paducah Economic Development Corporation ("GPEDC") [the "Refunding Program"] and in financing the renovation of the IDA's economic development facility (the "Facility") located in the Paducah Information Age Park (hereinafter the Refunding Program and the renovation of the Facility shall be collectively referred to as the "Project"). B. Authorizes the Mayor and the City Clerk to execute a Financing Agreement by and among the IDA, the County and the City and to execute all necessary documents, instruments and obligations of the City in order to aid the IDA in financing the Project. C. Sets forth the intention of the City Commission to renew the Financing Agreement and to provide appropriations specified in said Financing Agreement until all of the Notes have been retired. D. Authorizes the Mayor and the City Clerk to execute a First Amendment to Contract for Services (the "Amended Service Contract") between the City and Purchase Partnership for Progress. 469 NOVEMBER 9, 2004 E. Specifically approves a Mortgage Deed of Trust from the IDA to The Paducah Bank and Trust Company, Paducah, Kentucky, and approves the execution of any supplemental or amended mortgages in connection therewith as may be deemed appropriate in order to carry out the plan of financing contemplated for the Project CLOSURE OF A PORTION OF KENTUCKY AVENUE FROM SOUTH 27TH STREET TO SOUTH 28' STREET Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled "AN ORDINANCE { PROVIDING FOR THE CLOSING OF A PORTION OF KENTUCKY AVENUE BETWEEN SOUTH 27TH STREET AND SOUTH 28TH STREET". This ordinance is summarized as follows: Closing a portion of Kentucky Avenue between South 27th Street and South 28th 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. PURCHASE MOWERS FOR GROUNDS MAINTENANCE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF COMMERCIAL GRADE MOWERS FOR USE BY THE PUBLIC WORKS DEPARTMENT/ GROUNDS DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Richards' Small Engines, in the amount of $23,788.00, for sale to the City of four commercial grade mowers, for use by the Public Works Department/Grounds Division, and authorizing the Mayor to execute a contract for same. PURCHASE CONTAINER CARRIER & CHASSIS FOR SOLID WASTE Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF A CONTAINER CARRIER AND CHASSIS FOR USE BY THE SOLID WASTE DIVISION/PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Paducah Ford, Inc., in the amount of $53,541.00, for sale to the City of a container carrier and chassis, for use by the Solid Waste Division/Public Works Department, and authorizes the Mayor to execute a contract for same. AUTHORIZE CONTRACT FOR HVAC UPGRADE FOR CITY HALL Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PADUCAH CITY HALL HVAC IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Swift and Staley Mechanical Contractors, Inc., in the amount of $169,000.00 for the Paducah City Hall HVAC Improvement Project, and authorizes the Mayor to execute a contract for same. FUEL CONTRACT RENEWAL Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT RENEWAL WITH WAGNER WHOLESALE, L.L.C., D.B.A. SMOKE SHOP FOR THE CITY'S FUEL SUPPLY." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a contract renewal for a period of one (1) year with Wagner Wholesale, L.L.C., D.B.A. Smoke Shop for its supply of 89 octane unleaded gasoline, premium gasoline and #2 diesel fuel at OPIS (Oil Price Information Service) price plus $.09 per gallon. CITY MANAGER REPORT Calendar Items • Commissioner Montgomery requested that instead of rescheduling the November 16th meeting to November 15th to keep it on the 16th but begin at 4:30 p.m. Commission concurred. • November 29th is the date set for the Commission Advance. 470 NOVEMBER 9, 2004 • Ken Wheeler received the "2004 Governor's Economic Development Leadership Award". • The City has received the ISO response report giving the City a grade of a Class 4. (The City Manager, Fire Chief and staff will review report to determine the steps to take to increase the rating.) COMMISSIONER CONCERNS Commissioner Coleman had the following concerns: • Tractor trailers being parked bordering the Paducah Housing Authority housing project on North 7th Street. • Response time for Paducah's, Dial -A -Ride, service that is offered by Paducah Area Transit Sytem. The City Manager requested an Executive Session to discuss economic development. 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 Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: November 3 , 2004 City Clerk