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HomeMy WebLinkAbout08/11/98493 AUGUST 11, 1998 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 11, 1998, Mayor Pro Tem Renfro presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro. (4). Mayor Jones was absent (1). MINUTES Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the reading of the minutes for July 28, August 1 and 4, 1998, 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, Grumley, Smith and Mayor Pro Tem Renfro (4). RESOLUTION SUPPORTING TVA SUPPORT OF LAND BETWEEN THE LAKES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt a Resolution supporting, requesting and recommending the continued and adequate funding of the TVA non -power budget and the Land Between the Lanes National Recreational Area. This Resolution was read in full. Adopted on call of the roll , yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). R & F DOCUMENTS Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the following documents be received and filed. Certificate(s) of Insurance: a) D.E. B. Gullett 2. Jackson Purchase Area Drug Task Force Program Grant Agreement in the amount ✓ Cof $338,799.00 3. Zero Tolerance DUI Prevention Program Grant Agreement in the amount of $16,700 1*4 4. Deed for Sale of Property located at 1027 Finley & 1018 North 11th Street Y Deed for Property for closing unnamed right-of-way located between Bleich Road ✓ and Ridgewood Street 6. Paducah Water Works General Ledger Balance Sheet for Period Ending 6/30/98" Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). R&FBIDS Commissioner Smith offered motion, seconded by Commissioner Grumley, that the Board of Commissioners receive and file the attached bids: Engineering Dept. Island Creek Stormwater Pump Installation 1. Murtco 2. API Contractors 3. Terry Land Development Inc. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). 494 AUGUST 11, 1998 CEMETERY LOTS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the sale of the attached cemetery lot(s) and authorize the City Clerk to execute Deeds of Conveyance for same. 1. Lexie Mae Askew, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 104 NW, in the amount of $225.00 (receipt no. 34358). 2. William Mitchell, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 119 NE, in the amount of $225.00 each (receipt no. 34360). Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that upon the recommendation of the City Manger, 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, Grumley, Smith and Mayor Pro Tem Renfro (4). VIOLENCE AGAINST WOMEN ACT GRANT Commissioner Smith offered motion, seconded by Commissioner Grumley, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE APPLICATION FOR A MATCHING GRANT IN THE AMOUNT OF $20,000 THROUGH THE KENTUCKY JUSTICE CABINET FOR VIOLENCE AGAINST WOMEN ACT" be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). M.O. #784, BOOK 3, P.3oo . ORDINANCE- EMERGENCY STORMWATER PUMP INSTALLATION Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF MURTCO, INC. FOR THE ISLAND CREEK J STORMWATER PUMP INSTALLATION PROJECT IN THE AMOUNT OF $115,860.00, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Murtco Inc. in the amount of $115,860 for the Island Creek stormwater pump installation, and authorizing the Mayor to execute a contract for same. Adopted on call of the roll , yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98- 8-5909, BOOK 27, P. G 3O ORDINANCES - ADOPTION ACCEPT HOWLE DEMOLITION BID Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING f THE BID OF KENNETH HOWLE IN THE AMOUNT OF $1,700.00 FOR J DEMOLITION OF A CONDEMNED STRUCTURE LOCATED IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Kenneth Howle in the amount of $1,700 for demolition of a condemned structure located in the City of Paducah, and authorizing the Mayor to execute a contract for same. Adopted on call of ME AUGUST 11, 1998 the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ✓ ORD.NO. 98-8-5910, BOOK 27, P. (o CONSIDERATION CERTIFICATE FOR REAL ESTATE Commissioner Smith offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE CONTAINED IN THE DEED OF CONVEYANCE FROM O.T. ALLEN AND WIFE, MARTHA SUE ALLEN, FOR THE ACQUISITION OF REAL PROPERTY LOCATED OFF U.S. HIGHWAY 60 AND FISHER ROAD, PADUCAH, KENTUCKY". This ordinance is summarized as follows: Authorizing the Mayor to execute a consideration certificate in the amount of V $675,000 contained in a Deed of Conveyance from O.T. Allen and wife, Martha Sue Allen, for acquisition of real property located off U. S. Highway 60 and Fisher Road. Said property was acquired by the City of Paducah and County of McCracken under Civil Action No. 94 -CI -001770. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5911, BOOK 27, P. -L52, AMEND SEC. 98-32, CURBS & GUTTERS Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 32, CURB, GUTTER AND SIDEWALK REPLACEMENT AGREEMENT OF CHAPTER 98, STREETS SIDEWALKS AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending the City's policy for replacement of curbs and gutters within City right-of-way. Adopted on call of the roll , yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5912, BOOK 27, P. r FLOURNOY STREET IMPROVEMENT PROJECT Commissioner Smith 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 WITH THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, FOR THE FLOURNOY STREET IMPROVEMENT PROJECT". This ordinance is summarized as follows: Authorizing the Mayor to execute an agreement with the Kentucky Transportation Cabinet for the Flournoy Street Improvement Project for reimbursement by the State of an amount not to exceed $75,000.00. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5913, BOOK 27, P. 6 -5 5 AUDIT FOR FY 1998, 1999 & 2000 Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF WILLIAMS, WILLIAMS AND LENTZ, LLP, CERTIFIED PUBLIC ACCOUNTANTS, FOR COMPREHENSIVE ANNUAL FINANCIAL REPORTS FOR FISCAL YEARS ENDING JUNE 30, 1998, 1999 AND 2000 FOR THE ✓ SUM OF $104,000, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows: Accepting the proposal of Williams, Williams and Lentz, LLP, Certified Public Accountants, for comprehensive annual financial reports for fiscal years ending June 30 1998, 1999 and 2000 for the total sum of $104,000, and authorizing the Mayor to execute all documents relating to same. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). of � 13Ka7, O &-3 AFSCME CONTRACT ADDENDUM NO 2 Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CONTRACT ADDENDUM NO. 2 BETWEEN THE CITY OF PADUCAH AND THE AMERICAN FEDERATION OF ✓ STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1586". This 496 AUGUST 11, 1998 ordinance is summarized as follows: Authorizing the Mayor to execute Contract Addendum No. 2 entitled "Wage and Benefits", between the City of Paducah and ✓ AFSCME Local 1586. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5915, BOOK 27, P.� AMEND NONCIVIL SERVICE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Grumley, 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: Correcting the salaries of Accountant I and Accountant H in the Finance Department, effective July 1, 1998. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5916, BOOK 27, P.�e3 AMEND CIVIL SERVICE ORDINANCE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the J Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SALARIES OF CIVIL SERVICE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Changing the title of facility maintenance leadman to facility maintenance specialist in the Public Works Department. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5917, BOOK 27, P.10 f& AMEND COMPREHENSIVE PLAN Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the J Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending the Comprehensive Plan by adopting an amendment entitled, "Comprehensive Plan Amendment for Goals and Objectives, as re om end d by the Paducah Planning Commission by Resolution dated July 6, 1998. a Q• 9R 2-7 It AGREEMENT M4TH JETTONVGROUP/FOR PROFEISSIONAL SERVICES BYr-ITY Commissioner ]'enfro offered motion, sgEonded by Con�mi§6ioner Smith, that thooard Jof Co issio ers introduce an orAne entitled, "ANANCE AUT ING T7blProje TO EXECUTE A C TRACT FORSIONAL SE CES WTTON GROUP". T s ordinance is sd as follow . Aut rizing thxecute a contract fo p ofessional serhe Jetto Group foaministering a Kent cky ousing Corome ant for the Jet n S. Adopted on call f the oll , yeas, Cers oleman, Grumley, S TO Pro Tem Re o (4). JETTON GROUP CONTRACT Commissioner Smith offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE f MAYOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THE JETTON GROUP". This ordinance is summarized as follows: Authorizing the Mayor to execute a contract for professional services with the Jetton Group for assistance in administering a Kentucky Housing Corporation Home Grant for the Jetton School Project. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5919, BOOK 27, P._(p �,3 GRANT FOR PERFORMING ARTS CENTER PROPERTY Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the / Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE J AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF LOCAL GOVERNMENT, TO OBTAIN FUNDS FOR THE ACQUISITION OF REAL PROPERTY FOR A PERFORMING ARTS CENTER'. This ordinance is summarized as follows: Authorizing the Mayor to execute a Grant Agreement and all documents relating to same 497 AUGUST 11, 1998 with the Kentucky Department of Local Government to obtain funds in the amount of $500,000 for the acquisition of real property between the floodwall, North Third Street, Washington Street and Clark Street for a Performing Arts Center. Adopted on call of the roll , yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5920, BOOK 27, P. fp__g GRANT FOR GOVERNOR'S HIGHLY SAFETY OFFICE PROGRAM FOR POLICE DEPT. Commissioner Coleman offered motion, seconded by Commissioner Grumley that the J Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY STATE POLICE TO OBTAIN FUNDS IN THE AMOUNT OF $16,200.00 FOR ADDITIONAL FUNDING FOR THE GOVERNOR'S HIGHWAY SAFETY OFFICE PROGRAM". This ordinance is summarized as follows: Authorizing the Mayor to execute a Grant Agreement and all documents relating thereto with the Kentucky State Police to obtain funds in the amount of $16,200 for the Governor's Highway Safety Office Program. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5921, BOOK 27,P.&� MARTHA'S VINEYARD LEASE Commissioner Smith offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN MARTHA'S VINEYARD AND THE CITY OF PADUCAH, KENTUCKY, FOR RENTAL OF PROPERTY LOCATED AT 1100 NORTH 12TH STREET". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a Lease Agreement for the sum of $1.00 per year with Martha's Vineyard for rental of city property located at 1100 North 12th Street to Martha's Vineyard. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5922, BOOK 27, P. JUVENILE JUSTICE LEASE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF JUVENILE JUSTICE, AND THE CITY OF PADUCAH, KENTUCKY, FOR RENTAL OF OFFICE SPACE LOCATED AT 400 SOUTH 6TH STREET". This ordinance is summarized as follows: Authorizing the Mayor to execute a Lease Agreement for the sum of $3,017.79 per month with the Kentucky Department of Justice for rental of office space located at 400 South 6th Street to the Department of Justice. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5923, BOOK 27, P.e� 4� REPEAL CHAPTER 11 Commissioner Coleman offered motion, seconded by Commissioner Grumley, that Ordinance No. 97-10-5747, entitled "AN ORDINANCE CREATING CHAPTER 11, ADULT ENTERTAINMENT BUSINESS LICENSING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, is hereby repealed in its entirety. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98-8-5924, BOOK 27, P.t AMEND CHAPTER 11 - ADULT ENTERTAINMENT Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES AND yr EMPLOYEES UNDER CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: The R 498 AUGUST 11, 1998 ordinance enacts licensing requirements and regulations for the operation of sexually oriented businesses and managers, entertainers, and escorts employed by such businesses within the City of Paducah. Persons operating a sexually oriented business and all managers, entertainers and escorts employed by such businesses are required to apply for an annual license with the City. The City Manager or his designee is charged with the responsibility of initiating an investigation of each applicant by all appropriate City departments and agencies to ensure the applicant complies with all requirements of the ordinance. The application for a sexually oriented business license shall be approved or denied within ten (10) business days of a completed application. The application for a sexually oriented business employee license shall be approved or denied within five (5) business days of a completed application. The ordinance provides for appeal rights to any applicant denied a license to the Board of Commissioners. The ordinance provides for the suspension and/or revocation of all licenses granted under the ordinance if the events described under the suspension and revocation provisions of the ordinance occur. The affected license holder is granted appeal rights in the event his/her license is suspended or revoked. The ordinance also imposes criminal penalties for any person who violates any provision of the ordinance as follows: Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or be imprisoned in the County Jail for not more ✓ than twelve (12) months, or both. These penalties shall be in addition to the remedies of suspension and revocation provided in this ordinance. Adopted on call of the roll , yeas, Commissioners Coleman, Grumley, Smith and Mayor Pro Tem Renfro (4). ORD.NO. 98- 8-5925, BOOK 27, P. "NOTE: THIS ORDINANCE WAS PUBLISHED IN FULL. ORDINANCES - INTRODUCTION CLOSE ALLEY AT U.S. 60 & BROWN STREET Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED ALLEY LOCATED EAST OF U.S. 62, SOUTH OF BROWN STREET, NORTH OF MURRAY STREET AND WEST OF GREEN STREET". This ordinance is summarized as follows: Closing an unimproved alley located east of U.S. 62, south of Brown Street, north of Murray Street and west of Green 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. DEED OF CORRECTION Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEED OF / CORRECTION FROM FALCONITE REBUILD CENTER INC. TO THE CITY OF J PADUCAH FOR RIGHT-OF-WAY ALONG COLEMAN ROAD". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a Deed of Correction from Falconite Rebuild Center Inc. to the City of Paducah to correct an error in the property description contained in a deed of September 8, 1993, between the Paducah -McCracken Riverport Authority and the City of Paducah, for right-of-way along the Coleman Road. CHANGE ORDER NO. 1 - NOBLE PARK BASKETBALL COURTS Commissioner Smith offered motion, seconded by Commissioner Grumley, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF $6,835.01 WITH PADUCAH PAVING COMPANY INC. FOR THE NOBLE PARK BASKETBALL COURTS". This ordinance is summarized as follows: Authorizing .the Mayor to execute Change Order No. 1 in the amount of $6,835.01 with Paducah Paving Company Inc. for the Noble Park basketball courts, thereby increasing the total amount of the contract to $39,100.61. 499 AUGUST 11, 1998 CITY MANAGER REPORT City Manager Zumwalt asked Steve Doolittle to give an overview of possible methods for handling funds to be received from the State for the 4 -Rivers Performing Arts Center. Mr. Doolittle discussed two way in which these funds could be handled. A copy of this report is included in the minute file for this meeting. Mr. Zumwalt discussed various other topics, including the tentatively scheduled joint City/County Meeting at 4:30 p.m., August 17th, for the purpose of discussing and/or CP introducing an ordinance to establish a joint City/County Sewer Agency. EXECUTIVE SESSION Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board 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) Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f). 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, Grumley, Smith and Mayor Pro Tem Renfro (4). At the conclusion of the Executive Session the Board reconvened in open session, whereupon the Mayor Pro Tem announced there was no further business. Upon motion the meeting adjourned. ADOPTED: August 25, 1998 XityVat-4 Mayor Pro Tem