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HomeMy WebLinkAbout11/09/9910 Cj) NOVEMBER 9,1999 NOTE: This agenda did not follow the regular order of business; therefore documents are out of order. 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, 1999, Mayor Jones presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). DOGWOOD TREE STRESS REPORT A group of Paducah Middle School students gave a presentation on dogwood tree stress. There teacher, Cindy Jones, was also present, as well as the Principal of Paducah Middle School, Cynthia Alston. AWARD In the absence of Tom Barnett, Mayor Jones announced the City's receipt of the "Achieving Distinguished Attitudes, Accessibility Award". VETERANS' DAY PARADE Gayle Frye announced the annual Veterans' Day parade which be held on November 11 at 11:00 a.m. MOTIONS MINUTES Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the reading of the Minutes for October 26, November 2, 1999, 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, Paxton, Smith, Wrye and Mayor Jones (5). WITHDRAW ORDINANCE CREATING CHAPTER 19 RESIDENTIAL RENTAL OCCUPANCY PERMITS Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the Board of Commissioners withdraw an ordinance entitled, "AN ORDINANCE CREATING CHAPTER 19, RESIDENTIAL RENTAL OCCUPANCY PERMITS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORDINANCE INTRODUCTION CREATE CHAPTER 19, RESIDENTIAL RENTAL OCCUPANCY PERMITS Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE CREATING CHAPTER 19, RESIDENTIAL RENTAL OCCUPANCY PERMITS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance establishes administration and enforcement procedures for residential rental occupancy permits and provides for civil and criminal penalties for violation of said ordinance, as follows: "RENTAL OCCUPANCY PERMIT REQUIRED. "It shall be unlawful for any landlord to rent or lease to another or otherwise allow any person to accompany any rental dwelling unit which is subject to this chapter unless the landlord has first obtained and continues to hold a valid certificate of occupancy for rental dwellings, hereafter referred to as a rental occupancy permit. "Application and Rental Occupancy Permit. "(A) On or before the effective date of January 1, 2000, the landlord of a rental dwelling unit shall make written application to the Inspection Department for a 134 135 NOVEMBER 9,1999 rental occupancy permit to carry on the business of renting a residential dwelling unit. Such application shall be made on a form furnished by the Inspection Department for such purpose and shall set forth the following information: "(1) Name, residence address, telephone number, and date of birth of the landlord of the rental dwelling unit. If the landlord is a partnership, the name of the partnership, and the name, residence address, and date of birth of the managing partner. If the landlord is a corporation, the name and address of the corporation, and the name, residence address and date of birth of the chief operating officer; "(2) If the landlord has appointed an agent authorized to accept service of process and to receive and give receipt for notices; the name, residence address, telephone number, and date of birth of such agent; "(3) Every applicant, whether an individual, partnership, or corporation, shall identify in the application, by name, residence address, telephone number, and date of birth, a natural person who is actively involved in, and responsible for, the maintenance and management of the premises. A post office box is not acceptable as an address for such person. The individual designated herein may also be the landlord of the dwelling or an agent identified in subsection (2) above; "(4) Street address of the rental dwelling unit(s); and "(5) Number of rental dwelling units within the building(s). "(B) To determine compliance with this chapter and the code, every applicant shall authorize an inspection of the premises. "(C) It shall be unlawful for any person to make any false statements in an application for a rental occupancy permit. "APPEALS PROCEDURE Cll "(A) Any person wishing to appeal the determination of suspension or denial by the code official shall do so initially to the Chief Building Inspector. The Chief Building Inspector shall sustain the decision of the code official unless it is found that the provisions of the chapter have not been violated or that all of the violations have been corrected and provisions made to assure future compliance. "(B) Thereafter, any person wishing to appeal the determination of denial or suspension based solely upon Section 9(A) of a rental occupancy permit shall file a written notice of appeal with the Inspection Department within fifteen (15) days after receipt of the notice of denial or suspension. These appeals shall be per Chapter 18-123 and 18-124 of the ordinance. "(1) If applicable, a notice to tenants of the final decision shall be mailed to each tenant and prominently posted on the building. If applicable, the notice shall indicate the date upon which tenants must vacate the building and shall clearly indicate which rental dwelling units are affected. "(2) Any appeal properly taken under this section shall suspend the enforcement of the code official's determination. "(C) Thereafter, any person wishing to appeal the determination of denial or suspension of a rental occupancy permit based upon Section(s) 9)B), (C), (D), (E) or Section 12 shall file a written notice of appeal with the Inspection Department per Section (1) below: "(1) Established. There is hereby established and created an Appeals Board of the City, hereinafter called the Rental Occupancy Permit Appeals Board. 136 NOVEMBER 9,1999 a) Purpose. The purpose of said appeals board is to hear appeals of the decisions of the Chief Inspector. An appeal may be made by any landlord aggrieved by the Chief Inspector. b) Membership. The Appeals Board shall consist of three members who shall be appointed by the Mayor, subject to the approval of Board of Commissioners. One member may be a Board Commissioner. All members shall be residents of the City. f c) Term of office; vacancies; compensation of members. 1) The terms of office for the members of the Appeals Board shall be for three-year staggered terms with the initial appointments to be made as follows: One member shall be appointed for a term of one year, and two members shall be appointed for a term of two years, after which all members shall be appointed for a term of three years or until their successors are appointed and qualified. 2) Vacancies shall be filled in the same manner as original appointments are made. 3) The members of the Appeals Board shall serve without compensation. d) A majority of the members of the Appeals Board shall constitute a quorum for all purposes. A decision reached by a majority of the Appeals Board members present at a properly called meeting shall constitute a decision of the entire Board. e) The Board is authorized to promulgate its own rules and procedures consistent with the code and this article. f) Upon receipt of an appeal from a qualified party, the Appeals board shall convene a hearing to consider the appeal within 15 days of receipt of the appeal. All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail, no later than ten days prior to the date of hearing. The Appeals Board shall render a decision within five working days after the hearing. g) The board is authorized to promulgate its own rules and procedures consistent with the code and this article. h) At the hearing, the Board shall hear all relevant evidence and argument. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted in administrative proceedings. i) The Board shall render its decision in writing fifteen (15) days after the close of the hearing. The decision shall specify the factual basis for the determination. j) The Board may affirm, modify or reverse the action of the code official. k) The final decision of the Board shalt all be mailed to the permit holder or applicant. 1) A notice to tenants of the final decision shall be mailed to each tenant and prominently posted on the building. If applicable, 137 NOVEMBER 9, 1999 the notice shall indicate the date upon which tenants must vacate the building and shall clearly indicate which rental dwelling units are affected. m) Any person wishing to appeal the determination of the Board shall have the right to appeal to the McCracken Circuit Court. Such appeal shall be filed within thirty (30) days of the determination of the Board. n) Any appeal properly taken under this section shall suspend the enforcement of the code official's determination. "FEES "There shall be no fee for issuance or renewal of a rental occupancy permit, or for the initial inspection, or the first follow-up inspection relating thereto. In the event of any further follow-up inspection, a fee of Fifteen Dollars ($15.00) per inspection shall be paid to the Inspection Department. "PENALTY FOR VIOLATION OF SECTION" "Any person violating any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00, or imprisonment for not more than 30 days, or both, for each offense." R & F DOCUMENTS Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: 1. Certificate(s) of Insurance: a) Bobby Butler & Son Construction Inc b) Raymond Culp Construction c) Eagle Properties & Construction, Inc. d) Concrete e) Laborers International Union of North America Local 1214 2. Right -of -Way Bond for Laborers International Union of North America Local 1214 ✓ 3. Purchase Area Telecommunications Authority Agreement (Gen. Government) V 4. Paducah Water Works Financial Highlights for September 1999 5. Paducah Water Works Audit Letter 6. Paducah Water Works Financial Report for Period Ending June 30, 1999 Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Wrye, 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) NOVEMBER 9,1999 AMEND PERSONNEL CHANGES Mayor Jones offered motion seconded by Commissioner Smith, that the personnel changes for retroactive salaries in the Inspection Department be amended to read effective November 9, 1999. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). Personnel changes were adopted as amended; Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). WAIVE OCCUPATIONAL WAGE TAXES FOR LYNX DEVELOPMENT Commissioner Wrye offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER WAVING ONE PERCENT (1%) OF CITY OCCUPATIONAL WAGE TAX TO PROMOTE JOB CREATION AT THE LYNX DEVELOPMENT", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). M.O. #817, BOOK 3, P BIKE & HIKE PROJECT GRANT Commissioner Coleman offered motion, seconded by Commissioner Paxton, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY BETWEEN THE KENTUCKY TRANSPORTATION CABINET AND THE CITY OF PADUCAH FOR A PADUCAH HIKE & BIKE PROJECT GRANT", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). M.O. #818, BOOK 3, P��^�i RIVER HERITAGE MUSEUM PROJECT GRANT Commissioner Paxton offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY BETWEEN THE KENTUCKY TRANSPORTATION CABINET AND THE CITY OF PADUCAH FOR A RIVER HERITAGE MUSEUM PROJECT GRANT", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). M.O. #819, BOOK 3, P.5 J.,5� STREETSCAPE PROJECT GRANT Commissioner Smith offered motion, seconded by Commissioner Wrye, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY BETWEEN THE KENTUCKY TRANSPORTATION CABINET AND THE CITY OF PADUCAH FOR A RENAISSANCE SET-ASIDE STREETSCAPE PROJECT GRANT", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). M.O. #820, BOOK 3, P. JEFFERSON STREET SPRINKLER SYSTEM FUNDS Commissioner Wrye offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER THE SUM OF $15,000 TO THE CAPITAL IMPROVEMENT PROJECT (CIP) FUND FOR RENOVATION OF THE JEFFERSON STREET SPRINKLER SYSTEM", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). M.O. #821, BOOK 3, P.3 f AMEND POLICE DEPT. MANUAL Commissioner Coleman offered motion, seconded by Commissioner Paxton, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING REVISION NUMBERS 97-12A AND 97-19A OF THE PADUCAH POLICE DEPARTMENT POLICY AND GENERAL ORDER MANUAL', be adopted. Adopted on call of the roll, yeas, Commissioners Paxton, Smith, Wrye and Mayor Jones (4). Nays, Commissioner Coleman (1). M.O. #822, BOOK 3, P.� M M 138 Jam,±� � .t_.�_ �...i., mil J .., i_. i..*.. :_il:x,_y�yy�•���.J�-..� . rm,.w..,{ ._^� .'._ _—_.. 1J _�r�.�1u� _ _ i .._ _.. _ ._ v_ __..u� __.. - fan dam_ �i _ 139 NOVEMBER 99 1999 ORDINANCE - ADOPTION Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-127, ITINERANT MERCHANTS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinances was read in full. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6129, BOOK 28, P.3.(,g_.1,, ORDINANCE - INTRODUCTION REZONE PROPERTY AT 112 METCALF LANE Commissioner Wrye offered motion, seconded by Commissioner Smith, 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 PROPERTIES LOCATED AT 112 METCALF LANE FROM R-3, MEDIUM DENSITY RESIDENTIAL ZONE, TO B-3, GENERAL BUSINESS ZONE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING". This ordinance is summarized as follows: Rezoning property located at 112 Metcalf Lane from R-3, Medium Density Residential Zone, to B-3, General Business Zone, and amending the Paducah Zoning Ordinance to effect such rezoning. ORDINANCES - ADOPTION AMEND SALARY SCHEDULE (INSP. DEPT.) Commissioner Smith offered motion, seconded by Commissioner Wrye, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING A SALARY SCHEDULE FOR EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending a salary schedule for City of Paducah employees by creating the position of property compliance person. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6130, BOOK 28, P,3� AMEND NONCIVIL SERVICE ORDINANCE Commissioner Wrye offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SALARIES OF NONCIVIL SERVICE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Adjusting the salary of one clerical specialist in the Engineering Department, the salary of one clerical specialist in the Personnel Department and creating two positions of property compliance persons in the Inspection Department. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6131, BOOK 28, P AFFORDABLE HOUSING FUND GRANT Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE r AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ✓ ALL DOCUMENTS NECESSARY BETWEEN THE KENTUCKY HOUSING CORPORATION AND THE CITY OF PADUCAH FOR AN AFFORDABLE HOUSING TRUST FUND GRANT ". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute all documents necessary with the Kentucky Housing Corporation for an Affordable Housing Trust Fund Grant in the amount of $100,000.00. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6132, BOOK 28, P.3 70. AMEND CHAPTER 126, SEC. 110, ZONING Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 110, LIGHT INDUSTRY ZONE (M-1), OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending the provisions of Sec. 110, Light Industry C �i 1�0 140 NOVEMBER 9,1999 Zone (M-1), of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah. ✓ Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6133, BOOK 28, P.3 7/. CLOSE ALLEY BETWEEN BROWN STREET & ISLAND CREEK TRIBUTARY Commissioner Smith offered motion, seconded by Commissioner Wrye, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY LOCATED BETWEEN BROWN STREET AND AN ISLAND CREEK TRIBUTARY". This ordinance is summarized as follows: Authorizing 1 the closing of an alley located between Brown. Street and an Island Creek tributary, and ��� authorizing, empowering and directing the Corporation Counsel to institute and prosecute an action in Circuit Court for a judgment ordering the closing of said alley. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6134, BOOK 28, P3 79 REZONE PROPERTY AT 110-116 BROADWAY Commissioner Wrye offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTIES LOCATED AT 100-116 BROADWAY, FROM M-1, LIGHT INDUSTRY ZONE, TO H-1, HISTORICAL COMMERCIAL ZONE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING". This ordinance is summarized as follows: Rezoning property located at 100-116 Broadway, and directing an amendment to the Paducah Zoning Ordinance, changing the zoning classification from M-1, Light Industrial Zone, to H-1, Historical Commercial Zone. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11- 6135, BOOK 28, P,3. APPROVE MID AMERICA HOTELS SUBDIVISION ON HINKLEVILLE ROAD Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED SUBDIVISION OF PROPERTY OF MID AMERICA HOTELS SUBDIVISION LOCATED ON/AT HMKLEVILLE ROAD, ACCEPTING THE DEDICATION OF RIGHT-OF-WAY AND PUBLIC EASEMENTS". This ordinance is summarized as follows: Approving the final report of the Paducah Planning Commission respecting the proposed subdivision of property of Mid America Hotels Subdivision, located on/at Hinkleville Road, accepting the dedication of right-of-way and public easements. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith, Wrye and Mayor Jones (5). ORD.NO. 99-11-6136, BOOK 28, P.3 7-�5. ORDINANCES - INTRODUCTION AMEND 1998-99 BUDGET Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, AN ORDINANCE AMENDING ORDINANCE NO. 98-6-5875, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 1998, THROUGH JUNE 30, 1999, BY ESTIMATING f REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE l� OPERATION OF CITY GOVERNMENT". This ordinance is summarized as follows: Amending the annual budget for the fiscal year beginning July 1, 1998, and ending June 30, 1999, by estimating revenues and resources and appropriating funds for the operation of city government. WITHDRAW MOTION TO AMEND SEC. 142 OF CHAPTER 106 Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the Board of Commissioners withdraw a motion to adopt an ordinance amending Sec. 142, V/10 Personal Property Lessors, of Chapter 106, Taxation, of the Code of Ordinances of the City of Paducah, Kentucky". 141 NOVEMBER 9,1999 AMEND SEC. 142 OF CHAPTER 106 TAXATION Commissioner Smith offered motion, seconded by Commissioner Wrye, that the Board of Commissioners introduce an ordinance amending Sec. 142 of Chapter 106, Taxation, of the Code of Ordinances of the City of Paducah. This ordinance was read in full. CLOSE PORTION OF GREEN STREET Commissioner Coleman offered motion, seconded by Commissioner Paxton, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF GREEN STREET LOCATED V NORTH OF BROWN STREET". This ordinance is summarized as follows: Authorizing the closing of a portion of Green Street located north of Brown Street, and authorizing, empowering and directing the Mayor to execute a quitclaim_ deed from the City to each of the property owners in or abutting the public way to be closed. EXECUTIVE SESSION Commissioner Smith offered motion, seconded by Commissioner Wrye, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b) / Collective bargaining with public employees, as permitted by KRS 61.810(l)(e) Issues which might lead to the appointment, dismissal or disciplining of an employee, as. permitted by KRS 61.810(1)(f). At the conclusion of the executive session the Board reconvened in open session, whereupon the Mayor announced there was no further business. Upon motion the meeting adjourned. ADOPTED: November 16, 1999 s 3C4itClerk Mayor "10 The Mayor and Gayle Frye announced that the annual Veterans Day Parade will be held at 11:00 a.m., November 11, 1999.