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HomeMy WebLinkAbout10/22/02129 OCTOBER 22, 2002 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 22, 2002, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was presented by the Webelos 1 Den from Cub Scout Pack 7. Members present were Joey Bray, Chris Kight, Taylor Mudd, Taylor Weitlauf, and Leader, Jerry Kight. ANNOUNCEMENT Murray State University is bringing their men's and women's basketball teams to Paducah for a basketball scrimmage event in Paducah on November 7, 2002, at 6:00 p.m. at Paducah Tilghman High School. Anne Gryczon, Director of Main Street, was here to inform the Board that the National Square Dancer's Association is interested in obtaining the Columbia and Arcade Theaters to renovate for a Square Dancer's Museum. The Keiler Family, which is the owner, may be interested in donating the property to the City. In order to see if this is feasible for the Association, Main Street is requesting that the City pay for an appraisal of the buildings. This appraisal will cost around $6,500. The Board concurred to pay for the appraisal. ADJUST AGENDA Commissioner Coleman offered motion, seconded by Commissioner Montgomery that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORDINANCE - INTRODUCTION GPEDC AUTHORIZE MAYOR TO EXECUTE AMENDED AGREEMENT W / AND CABINET FOR ECONOMIC DEVELOPMENT FOR INFORMATION AGE PARK Commissioner Smith 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 AMENDED AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY'S STATE PROPERTY AND BUILDINGS COMMISSION, CABINET FOR ECONOMIC DEVELOPMENT, McCRACKEN COUNTY AND GPEDC, INC., FOR GRANT PROCEEDS FOR PADUCAH INFORMATION AGE PARK." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an Amended Agreement between the City, Kentucky's State Property and Buildings Commissioner, Cabinet for Economic Development, McCracken County and GPEDC, Inc., for an extension of time to GPEDC, Inc., to fulfill the full-time equivalent job requirement for the Paducah Information Age Park. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Smith, that the reading of the Minutes for October 8, 2002, be waived and that the Minutes of said meeting(s) prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the following documents be received and filed: 1. Certificate(s) of Insurance: a) Vanguard Contractors, Inc. b) Watson Construction c) Western Kentucky Sprinkler Co. 130 OCTOBER 22, 2002 2. Contracts: a) Commonwealth of KY, Transportation Cabinet, Department of Highways for Design Phase of Pecan Drive [$300,000] b) Paducah Power Systems for Streetscape Phase III Electrical Relocation Services [Ord. No. 2002-10-6582] c) Natural Resources and Environmental Protection Cabinet, Division of Forestry Grant [Ord. No. 2002-7-6547] d) US Dept. of Justice, Bulletproof Vest Partnership Program Grant [Ord. No. 2002-3-6490] 3. Notice of Cancellation of the October 15, 2002 Board of Commissioners Meeting Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Montgomery 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 Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). MINORITY RECRUITMENT PROGRAM Commissioner Abraham offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER CREATING THE CITY OF PADUCAH MINORITY RECRUITMENT PROGRAM," be adopted. TABLE ABOVE MOTION Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that Q3 the above motion entitled, "A MUNICIPAL ORDER CREATING THE CITY OF PADUCAH MINORITY RECRUITMENT PROGRAM," be tabled. Adopted on call of the roll, yeas, Commissioners Coleman, Montgomery, Smith and Mayor Paxton (4). Nays, Commissioner Abraham (1). COMMISSION CONTINGENCY TRANSFER TO ADMINISTRATIVE CONTINGENCY Commissioner Smith offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER THE SUM OF $50,000.00 TO THE ADMINISTRATIVE CONTINGENCY ACCOUNT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O.# 970; BK 4; PG t ADOPT TABLE 2, CLASSIFICATION/PAY SCHEDULE NON -CIVIL SERVICE, POLICE AND FIRE Commissioner Abraham offered motion, seconded by Commissioner Smith, that a municipal order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/PAY SCHEDULE FOR NON -CIVIL SERVICE, POLICE ANDi FIRE, FOR CITY OF PADUCAH EMPLOYEES," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). M.O.# 971; BK 4; PG 5-42 ORDINANCES - ADOPTION ACCEPT BID FOR PORTABLE TOILETS FOR PARKS 1 Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF KIT -MO RENTAL & SUPPLY COMPANY FOR PROVIDING THE 131 OCTOBER 22, 2002 CITY WITH PORTABLE TOILET SERVICE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Kit -MO Rental & Supply Company for rental of portable toilets for use by the Parks Department at the following rates, Regular Unit - $11.59/wk; Handicap Unit - $49.00/wk; Additional Services - $10.00/ea; Pick Up and Delivery - $15.00; and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-6583; BK 29; PG -a-?�o (\ 1 ENGINEERING N DESIGN FOR RECONSTRUCTION AND EXTENSION OF PECAN DRIVE FROM EXISTING VILLAGE SQUARE DRIVE TO ALBEN BARKLEY DRIVE Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE &--" AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $295,279.00 WITH FLORENCE & HUTCHESON, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PECAN DRIVE IMPROVEMENT PROJECT." This ordinance is summarized as follows: The Mayor of the City of Paducah is hereby authorized and directed to execute an agreement with Florence & Hutcheson, Inc., in the amount of $295,279.00 for professional engineering services for the design of the Pecan Drive Improvement Project. The project limits of Pecan Drive will be from the existing Village Square Drive to U.S. 62. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-65 84; BK 29; PG 37Z INDUSTRIAL PARK WEST ADDITION ANNEXATION Commissioner Smith offered motion, seconded by Commissioner Abraham, that the nR. , Board of Commissioners adopt an ordinance entitled, "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: Finalizing the annexation of a tract of property adjacent to the present city limits, located west of Industrial Park West, containing 16.3868 acres. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-6585; BK 29; PG ABOLISH CH. 90, SIGNS OF THE CODE OF ORDINANCES Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ABOLISHING CHAPTER 90, SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby abolishes Chapter 90, Signs, of the Code of Ordinances of the City of Paducah in its entirety due to a comprehensive scheme of regulations providing for the reasonable control and establishment of signs within the City limits being created. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, T ' Smith and Mayor Paxton (5). ORD. NO. 2002-10-6586; BK 29; PG/ REMOVE FROM TABLE ORDINANCE REPEALING SECTIONS OF 126, SIGN REGULATIONS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH," introduced on August 13, 2002, and laid on the table on August 27, 2002, be removed from the table. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). 132 OCTOBER 22, 2002 ADOPT ORDINANCE REPEALING SECTIONS OF CHAPTER 126, SIGN REGULATIONS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled "AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF -THE CITY OF PADUCAH." This ordinance is summarized as follows: The Board of Commissioners desires to enact a comprehensive scheme of regulations to provide for the reasonable 1 control and establishment of signs within the City of Paducah, Kentucky. To accomplish such an enactment, it is necessary to amend KRS Chapter 126 of the Paducah Code of Ordinances by repealing preexisting regulations relating to signs which will not be part of the comprehensive scheme. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-6587; BK 29; PG -3Z9.. PLANNING COMMISSION RECOMMENDED SIGN ORDINANCE AMENDING CH. 126 Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR A COMPREHENSIVE SCHEME OF REGULATIONS TO PROVIDE FOR THE REASONABLE CONTROL AND ESTABLISHMENT OF SIGNS WITHIN THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The Board of Commissioners desires to enact a comprehensive ' scheme of regulations to provide for the reasonable control and establishment of signs within the City of Paducah, Kentucky. In such regard, the Planning and Zoning Commission of the City of Paducah, Kentucky, has conducted a public hearing on this matter, and thereafter, has adopted a resolution setting forth its recommendations regarding such comprehensive scheme of regulations. The Board of Commissioners, after conducting its own public hearing, desires to accept the recommendations of the Planning and Zoning Commission of the City of Paducah, Kentucky, and does now desire to enact said recommendations into law. LOST ON CALL OF THE ROLL, nays, Commissioners Abraham, Coleman, and Mayor Paxton (3). Yeas, Commissioners Montgomery and Smith (2). SIGN ORDINANCE WITH CAP AND REPLACE Commissioner Smith offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR A COMPREHENSIVE SCHEME OF REGULATIONS TO PROVIDE FOR THE REASONABLE CONTROL AND ESTABLISHMENT OF SIGNS WITHIN THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The Board of Commissioners desires to enact a comprehensive scheme of regulations to provide for the reasonable control and establishment of signs within the City of Paducah, Kentucky. In V1 such regard, the Planning and Zoning Commission of the City of Paducah, Kentucky, has V conducted a public hearing on this matter, and thereafter, has adopted a resolution setting forth its recommendations regarding such comprehensive scheme of regulations. The Board of Commissioners, after conducting its own public hearing, desires to accept the findings and recommendations of the Planning and Zoning Commission of the City of Paducah, Kentucky with several amendments being made to the recommendations, and does now desire to officially adopt the findings of the Planning and Zoning Commission and to enact the recommendations of said commission, together with the several amendments being made thereto, into law. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-6588; BK 29; PG -3!R3 ANNEXATION AGREEMENT ORDINANCE Commissioner Abraham, offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE CONCEPT OF GROWTH THROUGH ANNEXATION AGREEMENTS." This ordinance is summarized as follows: The purpose of this ordinance is to encourage developers to develop residential, commercial, and industrial property within the city limits of Paducah by providing the developer reimbursement monies to offset the infrastructure costs born by the developer based upon certain terms and conditions. The NO �jj, �I 123 OCTOBER 22, 2002 reimbursement of monies shall be defined in an Annexation Memorandum of Agreement to be executed between the Developer and the City Commission, which Memorandum of Agreement shall contain such terms and conditions as agreed between the parties. Each Memorandum of Agreement shall become effective upon City Commission's approval by ordinance. This ordinance shall not be construed to mean the City Commission is obligated to enter into such Memorandum of Agreement with any Developer. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2002-10-6589; BK 29; PG Iq - ORDINANCES - INTRODUCTION AMEND SEC. 58-40, ANNUAL REPORT FOR HUMAN RIGHTS Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CH. 58-40, ANNUAL REPORT OF THE CODE OF ORDINANCES OF / THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: ?/ Amend Ch. 58-40, Annual Report of Ch. 58, Human Relations of the Code of Ordinances to require the Human Rights Commission to submit their annual report on July 1 instead of March 1 of each year to the Mayor and to the Board of Commissioners. APPROPRIATE EXPENDABLE FUND BALANCE TO COMISSION CONTINGENCY Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 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: Amend the annual budget for the fiscal year beginning July 1, 2002, and ending June 30, 2003, be amended by a supplemental appropriation in the amount of $420,000 from the General Fund reserves to the Commission Contingency account ($400,000) and to the Police and Fire Pension Fund ($20,000). REVISED SEAMEN'S CHURCH LEASE Commissioner Abraham offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A REVISED LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND SEAMEN'S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a revised Lease Agreement between the City of Paducah and Seamen's Church Institute of New York and New Jersey, for lease by Seamen's of property located at 117 South First Street in the City of Paducah, McCracken County, Kentucky. This revision reduces the space to what is currently used by Seamen's. AUTHORIZE AGREEMENT WITH RIVER HERITAGE MUSEUM Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND RIVER HERITAGE MUSEUM." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a Lease Agreement between the City of Paducah and River Heritage Museum, Inc., for property located on Water Street that is currently occupied by the Museum. CITY MANAGER REPORT The City Manager reminded everyone of the United States Enrichment Corporation (USEC) 50th Anniversary Celebration on Thursday, October 24, 2002. Festivities are for all citizens of Paducah. �/ Due to October 29th being a fifth Tuesday in the month of October there will not be a meeting. Also, the November 5th meeting will be cancelled because it is local and state election night. 134 OCTOBER 22, 2002 After the election need to set a date for Commission Advance for current and newly elected officials with Howard Pulley as facilitator. PUBLIC COMMENTS Joseph Patterson, citizen, is seeking reimbursement for expenses to fix a sewer back up problem which his plumber believes were caused by tree roots from a tree on city property. Don Ingram, resident of Lowertown, was here representing a group of residents in the Lowertown area. He wanted to request funding or assistance in how to get funding for 13W people in this area who need help in bringing their properties up to code that have been sited by the Inspection Department. Christopher Beck, property owner in Lowertown, feels that the Inspection Department is being stricter on code violations for some residents than for others in the Lowertown area. Upon motion the meeting adjourned. ADOPTED: DGWber / 9 2002 jqi2�� 11SA-44- City Clerk 0