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HomeMy WebLinkAbout03/25/97MARCH 25, 1997 ROLL CALL At a Regular Meeting of the Board of Commissioners held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 25, 1997, Mayor Jones presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). FIREMEN PROMOTIONS Fire Chief Redell Benton presented Lt. Mark Cunningham for promotion to Captain and Relief Driver Jeffrey Beach for promotion to Lieutenant. Mayor Jones announced the promotions and introduced the families of Captain Cunningham and Lieutenant Beach. RECENT FLOODING DISCUSSION BY IRV SILVER OF FEMA Iry Silver of FEMA thanked the Board of Commissioners for the City's assistance and cooperation during the recent flooding. Mayor Jones told Mr. Silver the City will work with FEMA for anything they need. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Minutes for March 11, 1997, 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, Renfro, Smith and Mayor Jones (5). MOTION TO DISPENSE WITH ORDER OF BUSINESS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board dispense with the regular order of business and follow the agenda as printed for this Commission Meeting. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). HISTORICAL ZONE ORDINANCE DISCUSSION A letter faxed to Commissioner Renfro from Pete Kappas, owner of property at 129 and 113 Fountain Avenue, was discussed. Planning Director Steve Doolittle discussed the proposed Historic Ordinance amendments and gave the Commission a bullet point list concerning these amendments. Mayor Jones expressed concern about spending taxpayers' money to repair houses and the City's placing a lien on the property. / V Cathy Crecelius addressed the Commission in support of the ordinance amendments. Mayor Jones requested that the Board of Commissioners study the ordinance amendments and Mr. Kappas' letter. Mr. Van Morgan of 127 Fountain Avenue addressed the Commission and said Mr. Kappas' house should be restored or torn down and that other property owners shouldn't have to suffer any more because of the deteriorated condition of the Kappas property. THE HISTORIC ORDINANCE WAS REMOVED FROM THE AGENDA AT THIS TIME. Commissioner Renfro recommended that a five member board be / established to study the entire demolition procedure. City Manager Hoover recommended that the Board look at the ordinance amendments on their own merit and not just for Mr. Kappas' situation. 243 244 MARCH 25, 1997 Roy Atwood, a resident of 1614 Jefferson, said he wanted both homes torn down; that they are a danger and should be torn down. Jeff Haley, President of the Lowertown Neighborhood Association, proposed that Commissioner Renfro head the committee she suggested above. CURFEW ORDINANCE DISCUSSION Commissioner Coleman said he supports the Curfew Ordinance, but is concerned that if the City adopts a curfew before the County adopts one, the County would provide a sanctuary for youths who want to avoid the curfew. He said it would be difficult to fairly implement this ordinance. Police Chief Perdew discussed the proposed Curfew Ordinance. He said he does not know what impact the ordinance will have until it is passed. He made the following suggestions for the ordinance: 1. Leave facility decisions to discretion of the Police Department 2. Give the Board of Commissioners an impact report after 60 days 3. Allow the Chief of Police to develop a grade period for curfew implementation. Tony Markgraf, owner of Kingsway Skateland, addressed the Commissioner concerning after -hour skating events. He said he support the curfew, and asked that the City work with him concerning the events held after curfew hours. Mayor Jones told him the ordinance will have additional working to take care of his request. Ted Brian addressed the Commission opposing the Curfew Ordinance. Samuel Porter discussed financial problems he is experiencing with various property concerning demolitions, accumulated building materials from old structures, etc. Mayor Jones suggested that Mr. Porter work with the Inspection Department and find a place to store these materials. ORDINANCES - ADOPTION CURFEW ORDINANCE Commissioner Renfro offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ESTABLISHING A NOCTURNAL CURFEW APPLICABLE TO MINORS, AND ESTABLISHING RESPONSIBILITY UPON PARENTS, GUARDIANS, PERSONS HAVING LEGAL CUSTODY OF MINORS, AND OPERATORS OF PUBLIC ESTABLISHMENTS WHO VIOLATE THE CURFEW ORDINANCE, AND IMPOSING JA PENALTY FOR THE VIOLATION THEREOF". This ordinance is summarized as follows: An ordinance declaring it unlawful for minors (individuals under the age of 18 years) to be in public places in the city during the curfew hours of 1:00 a.m. to 5:00 a.m. on Saturday, 1:00 a.m. to 5:00 a.m. Sunday, 11:00 p.m. Sunday to 5:00 a.m. Monday, 11:00 p.m. Monday to 5:00 a.m. 10 Tuesday, 11:00 p.m Tuesday to 5:00 a.m. Wednesday, 11:00 p.m. Wednesday to 5:00 a.m. Thursday, 11:00 p.m. Thursday to 5:00 a.m. Friday. This ordinance also imposes penalties for parents, guardians and owners, operators and employees of establishments who allow minors to violate the declared curfew hours; directs the police department in the handling of minors who have violated the ordinance; provides defenses to prosecution and defines various terms used in the ordinance. Penalties: The violation of this ordinance shall constitute a misdemeanor offense. Violators shall be guilty of a separate MARCH 25, 1997 245 offeve for each day or part of a day during which the violAtion is committed, or permitted. Each offense, upon cor=Diction, is punishable by a fine not to exceed $500.00. Also, any minor who violates the ordinance more than three ✓ gimes shall be reported by the Police Department to the local juvenile officers for being without parental control. Adopted on call of the roll, yeas, Commissioners Grumley, Renfro, Smith and Mayor Jones (4). Commissioner Coleman abstained (1). ORD.NO. 97-3-5655, BOOK 27, P. ACCEPT HOWLE DEMOLITION BIDS �j Commissioner Smith offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE INDIVIDUAL BIDS OF KENNETH HOWLE IN THE AGGREGATE AMOUNT OF $7,000 FOR DEMOLITION OF CONDEMNED STRUCTURES LOCATED IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SAME". This ordinance is summarized as follows: Accepting the individual bids of Kenneth Howle in the aggregate amount of $7,000 for demolition services as follows: 832 North 7th St. $2,400 1601 Harrison St. 2,400 1152 North 12th St. 2,200 Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). ORD.NO. 97-3-5656, BOOK 27, P. STINESPRING ESTATES SEWER CONNECTION FEES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 92-3-47360, "ESTABLISHING THE AMOUNT TO BE CHARGED FOR CONNECTING TO CITY SANITARY SEWERS BY THE STINESPRING ESTATES SUBDIVISION AND PROVIDING FOR THE ISSUANCE OF CONNECTION PERMITS, PROVIDING FOR THE PAYMENT OF CONNECTION CHARGES, AND PROVIDING PENALTIES FOR / VIOLATIONS OF THE PROVISIONS HEREOF". This ordinance is ✓ summarized as follows: Setting the charge at $1,500 for Lots 31-81 of Stinespring Estates Subdivision to connect to the City sanitary sewer system. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). ORD.NO. 97-3-5657, BOOK 27, P. 2 -T . CODE OF ETHICS ORDINANCE AMENDMENT Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 96-3-5470, AN ORDINANCE ESTABLISHING A CODE OF ETHICAL CONDUCT APPLICABLE TO THE OFFICERS AND EMPLOYEES OF THE CITY, AND MANDATING THAT ✓ CANDIDATES FOR ELECTIVE CITY OFFICES COMPLY WITH FINANCIAL DISCLOSURE REQUIREMENTS". The foregoing title summarizes the contents of this ordinance. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). ORD.NO. 97-3-5658, BOOK 27, P.!Z:z . ORDINANCE INTRODUCTION UNIFORM CONTRACT Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF NATIONAL LINEN AND UNIFORM SERVICE FOR UNIFORM RENTAL AND CLEANING FOR EMPLOYEES IN VARIOUS DEPARTMENTS, FOR PROVIDING MISCELLANEOUS CLEANING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR / SAME". This ordinance is summarized as follows: Authorizing V the Mayor to execute a contract with National Linen & Uniform Service for uniform rental and cleaning for employees in various departments, and for miscellaneous cleaning services, in an amount not to exceed $105,000 for a term of two years. 246 MARCH 25, 1997 DEMOLITION MOTIONS ACCEPT FINDINGS Commissioner Renfro offered motion, seconded by Commissioher Smith, that the Board of Commissioners receive the followiiq disclosures, adopt the following findings, and make said disclosures and findings a part of the official public records of the City of Paducah: 1. The following properties located in the City of Paducah are in a state of disrepair, are beyond rehabilitation, and pose a threat to public health and safety: 514 N 10th St. 617/619 N 10th St. 626 N 12th St. 1121 Harrison St. 913 Martin Luther King Jr. 1215 Monroe St. 1232 Park Ave. 1142 Martin Luther King Jr. Dr. 1232 Martin Luther King Jr. Dr. 1234 Martin Luther King Jr. Dr. 1106 Monroe St. Dr. 1134 Martin Luther King Jr. Dr. 2. In the interest of public health and safety the City desires that the above referenced property be razed as soon as possible, after soliciting for bids for the demolition of the above property. 3. The bids of Kenneth Howle, a city employee who will receive a direct pecuniary benefit from an agreement to raze the above referenced structure for and on behalf of the City, is in the best interest of the City by virtue of price, experience and immediate availability. 4. During performance of the agreement contemplated herein, Howle shall be acting as an independent contractor of the city and performing said services in an off-duty capacity. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). ACCEPT HOWLE DEMOLITION BIDS Commissioner Smith offered motion, seconded by Commissioner Renfro, that the bids of Kenneth Howle, a city employee acting as an independent contractor in an off-duty capacity, be accepted as being in the best interest of the City of Paducah by virtue of price, experience and immediate availability, and that an ordinance accepting these bids and authorizing these contracts be presented for enactment by the City Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (4). R & F DEMOLITION BIDS Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners receive and file the Jattached bids for demolition of structures: 1. Kenneth Howle Excavating 2. Wahl's Excavating Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). ORDINANCES —INTRODUCTION ACCEPT HOWLE DEMOLITION BIDS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF KENNETH HOWLE FOR DEMOLITION OF CONDEMNED STRUCTURES UNDER THE MARTIN LUTHER KING, JR., AREA HOUSING INITIATIVE PROJECT IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SAME". This MARCH 25, 1997 ordinance is summarized as follows: Accepting the individual bids of Kenneth Howle in the aggregate sum of $24,500 for demolition of condemned structures under the Martin Luther King, Jr., Area Housing Initiative Project in the City of Paducah. 247 SEWER FEE DEFERMENT FOR 5173 HINKLEVILLE ROAD Commissioner Smith offered motion, seconded by Commissioner V11"Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN CHARLES ALBERT STRATTON AND THE T CITY OF PADUCAH REGARDING DEFERMENT OF SEWER CONNECTION FEES FOR PROPERTY LOCATED AT 5173 HINKLEVILLE ROAD". The foregoing title summarizes the contents of this ordinance. PORTABLE TOILETS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF KIT -MO RENTAL & SUPPLY COMPANY IN AN AMOUNT NOT TO EXCEED $11,500 FOR PROVIDING THE CITY WITH PORTABLE TOILET SERVICE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Authorizing the Mayor to execute a contract with Kit -Mo Rental & Supply Company in an amount not to exceed $11,500 for providing the Parks Department with portable toilet service. PURCHASE RADIOS FOR POLICE DEPT. $91,980) Commissioner Renfro offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF RADIOS AND ACCESSORIES FROM MOTOROLA CORPORATION IN THE AMOUNT OF $91,980 FOR USE BY THE POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. POLICE DEPARTMENT MANUAL *CHIEF PERDEW GAVE A DRAFT COPY OF THE POLICE DEPARTMENT POLICY AND GENERAL ORDER MANUAL TO THE CITY CLERK. CHIEF PERDEW SAID PARTS OF THIS MANUAL WILL BE AMENDED IN THE FUTURE AND THE MANUAL WILL BE PUT IN ITS FINAL FORM, WHICH WILL BE EASIER TO USE. MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Renfro, 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, Grumley, Renfro, Smith and Mayor Jones (5). ISLAND CREEK GRANT Commissioner Coleman offered motion, seconded by Commissioner Grumley, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL ✓,- DOCUMENTS NECESSARY TO OBTAIN A SECTION 319(H) NONPOINT SOURCE IMPLEMENTATION GRANT THROUGH THE NATURAL RESOURCES AND ENVIRON- MENTAL PROTECTION CABINET IN THE AMOUNT OF $180,000, FOR FUNDING TO BE USED FOR THE ISLAND CREEK RECLAMATION PROJECT", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). M.O. NO. 750, BOOK 3, P. AUTHORIZE CITY MGR. TO OBTAIN & ADMINISTER DISASTER RELIEF FUNDS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER / AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF PADUCAH TO OBTAIN AND ADMINISTER FEDERAL ASSISTANCE UNDER THE DISASTER RELIEF ACT OF 1974" be 248 MARCH 25, 1997 adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). M.O. NO. 751, BOOK 3, P. .2( S CREATE WELFARE REFORM ADVISORY BOARD Commissioner Renfro offered motion, seconded by Commissioner JSmith, that a Municipal Order entitled, "A MUNICIPAL ORDER CREATING AN ADVISORY COMMITTEE ON WELFARE REFORM" be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). M.O. NO. 752, BOOK 3, P.�31(e • MOTIONS R & F BIDS Commissioner Smith offered motion, seconded by Commissioner Renfro, that the following bids be received and filed: For Portable Toilets: f 1. Kit -Mo ,! 2. Lane's Mobile John & Septic Tank Service For Uniforms for Various Departments: f1. Aramark Uniform Services 2. National Linen Service 3. SITEX Corporation Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). R & F DOCUMENTS: Commissioner Coleman offered motion, seconded by Commissioner I1rumley, that the following documents be received and filed: . Certificate of Insurance: A. Rasche Cycle Co. Inc. B. Schmitt Concrete C. Smiley's Contractor D. Travis Construction Co. Inc. J2. Right -of -Way for Gary Lee & Son Construction ,J3. Community Development Block Grant Contract for Professional Services between Purchase Area Development District and City for Martin Luther King Jr. Area Housing Initiative Project 4 Contract with Ray Black & Son for Final Design Phase for Market House Theatre Lease Agreement and Addendum for Probation & Parole Office at 6th and Clark Streets R & F PETITION Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the following petition be received and filed: JPetition in support of curfew for teenagers. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). CEMETERY LOTS Commissioner Renfro offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the sale of the following cemetery lots and authorize the City Clerk to execute Deeds of Conveyance for same: J1. Emily Burnett Harris, Rushing Addition•to Oak Grove Cemetery, Sec. 6, Lot 164 SE, in the amount of $225 (Receipt No. 25161) J2. Karen Leggs, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 122 NW, in the amount of $225 (Receipt No. 25155) MARCH 25, 1997 Ms 3. Anthony J. Moss, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 45 NW, in the amount of $225 (Receipt No. 25163)'r 4. Raymond Owens Jr., Rushing Addition to Oak Grove Cemetery Sec. 6, Lot 116 NW, in the amount of $225 (Receipt No. 25150) 5. William Andrew Payne, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 27 NW, in the amount of $225 (Receipt No. 25152) 6. Ulysses Rutherford, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 102 NW, in the amount of $225 (Receipt No. 25157) Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). APPOINTMENTS INDUSTRIAL DEVELOPMENT AUTHORITY Mayor Jones made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby make the following appointments to the Industrial Development Authority: William Joseph Jones, whose term will expire March 25, 1999; George Bray, whose term will expire March 25, 2000; William Robert Johnston, whose term will expire March 25, 2001." Commissioner Renfro offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Jones in appointing William Joseph Jones, George Bray and / William Robert Johnston as members of the Industrial Development �W Authority. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Renfro, Smith and Mayor Jones (5). EXECUTIVE SESSION Commissioner Smith offered motion, seconded by Commissioner Renfro, that the board go into closed session for discussion of matters pertaining to the following topics: 1. Proposed or pending litigation, as permitted by KRS 61.810(1)(c) 3. Collective bargaining with public employees, as permitted by KRS 61.810(1)(e) 4. 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, Grumley, Renfro, Smith and Mayor Jones (5). At the conclusion of the Executive Session the Board reconvened in Open Session, whereupon the Mayor announced there was no further business. 1 Upon motion the meeting adjourned. ADOPTED: April 8, 1997 ity Clerk Ma o