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HomeMy WebLinkAbout10/05/96149 OCTOBER 8, 1996 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, October 8, 1996, Mayor Jones presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). DISCUSSION OF COMCAST'S PROPOSED RATE INCREASE Attorney Tom Osborne addressed the City Commission on this subject. He a to the Commission a document from him entitled, "Report to the Mayor and City Commission Regarding the Reasonableness of Cable Rate Increases Announced by Comcast Cable of Paducah, Inc." A copy of this report is contained in the minute file for this date. MOTION TO DENY COMCAST INCREASE IN PART Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners deny 42 cents of the ✓ proposed 58 cent increase in Basic Cable Service Tier, thus leaving a 16 cent increase. (As contained in the document entitled, "Findings, Conclusions, and Order Reducing Cable Increase Announced by Comcast Cable of Paducah, Inc.") Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). NOTE: The Mayor signed the following documents: "FINDINGS, CONCLUSIONS AND ORDER REDUCING CABLE RATE INCREASE ANNOUNCED BY COMCAST CABLE OF PADUCAH, INC." �l APPROVE ACCOUNTING ORDER Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners adopt the following Accounting Order: "WHEREAS, the City of Paducah has disapproved in part the rate increase announced by Comcast Cable of Paducah, Inc., for its Basic Service Tier; and "WHEREAS, the City has regulatory authority to order a refund in the event Comcast fails to comply with said order. "NOW, THEREFORE, it is hereby ordered, pursuant to Section 7(d)(4) of the Cable Ordinance that Comcast Cable of Paducah, Inc., shall keep an accurate account of all amounts paid by individual subscribers for the Basic Service Tier beginning November 1, 1996, and continuing for the Projected Period of one year to which the rate increase applies. "DATED this the 8th day of October, 1996 MAYOR AND BOARD OF COMMISSIONERS BY: /s/ ALBERT JONES, MAYOR ATTEST: /s/ LENITA SMITH, CITY CLERK Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). NOTE: Mr. Ed Mount, General Manager of Comcast Cable of Paducah, Inc., acknowledged that he has received copies of the above documents. 150 OCTOBER 8, 1996 ORDINANCE - INTRODUCTION NOTE: Attorney Rick Straub discussed the following ordinance before its introduction: CONDEMNATION PROCEEDINGS FOR EAST MALL ACCESS ROAD RIGHT-OF-WAY Commissioner Hornsby offered motion, seconded by Commissioner Renfro that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF LANDS NECESSARY TO CONSTRUCT A PUBLIC RIGHT-OF-WAY FROM U.S. HIGHWAY J60 ACROSS PROPERTY OWNED BY KENTUCKY OAKS MALL COMPANY, TEACHERS RETIREMENT SYSTEM OF THE STATE OF KENTUCKY, AS LEASED TO WAL-MART STORES, INC. AND SERVICE MERCHANDISE COMPANY, INC. AND ANY NECESSARY TEMPORARY CONSTRUCTION EASEMENTS AND DEMONSTRATING THE NEED FOR SAID CONDEMNATION." This ordinance is summarized as follows: Directing the corporation counsel to institute or to continue condemnation proceedings in McCracken Circuit Court in the name of the City of Paducah against Kentucky Oaks all Company, Service Merchandise Company, Inc., Teachers Retirement Systems of the State of Kentucky and any other persons or entities having ownership or possessory interests in the land over which the public right-of-way shall pass as may be necessary to allow transfer of fee simple title to the City of Paducah. DISCUSSION - CITY SCHOOL SYSTEM REPORT Lyman Brown, Director of Pupil Personnel for the Paducah JIndependent School System, discussed a recent Paducah Sun article addressing a report by the state concerning the poverty rate of students in the Paducah Independent School System; i.,e., that -the poverty rate increased from 58% for the last school year to 63% for the current year. This is 2,060 students out of a total enrollment of 3,256. Mayor Jones told Mr. Brown he will give these statistics to the GPEDC. PROCLAMATION Mayor Jones read a proclamation designating October 7-11, 1996 City Government Week. A copy of this proclamation is in the minute file for this date. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the reading of the minutes for September 24, 1996, be waived and that the minutes of said meeting as prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). APPOINTMENTS HISTORICAL & ARCHITECTURAL REVIEW COMMISSION Mayor Jones made the following appointments: "WHEREAS, subject Jto the approval of the -Board of Commissioners, I hereby reappoint John R. Warden as a member of the Historical and Architectural Review Commission, which term will expire June 4, 2000. Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners approve the action of Mayor Jones in reappointing John R. Warden as a member of the Historical and Architectural Review Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). RIVER HERITAGE CENTER BOARD J Mayor Jones made the following appointments: "WHEREAS, subject J to the approval of the Board of Commissioners, I hereby make the following appointments and reappointments to the River Heritage Center Board: OCTOBER 81 1996 I hereby appoint Alan Sanders, Sr., as a member of said board, which term will expire June 30, 1997. I hereby appoint Jack Clark as a member of said board, which term will expire June 30, 1998. I hereby appoint E. Spivey Gault to said board to replace Jim Marvel, who is deceased. This term will expire June / June 30, 1997. r M I hereby appoint Melodie Doom Shrader as a member of said board to replace Harry Ruth, who has resigned. This term will expire June 30, 1998. I hereby appoint Roberta Morse to said board to replace Richard Holland, who has resigned. This term will expire June 30, 1999. I hereby make the following reappointments to said board, which term will expire June 30, 1999: Jim Brockenborough Scott Garrett / Shirley Hoy ✓ Buck Lay Paul Ross Paul Striegel Jerald (Jerry) Tinkey Capt. Jeff L. Yates Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners approve the action of Mayor Jones in appointing/reappointing the following individuals to the River Heritage Center Board: { Alan Sanders, Sr. Jack Clark E. Spivey Gault Melodie Doom Shrader Roberta Morse Jim Brockenborough Scott Garrett Shirley Hoy Buck Lay Paul Ross Paul Striegel Jerald (Jerry) Tinkey Capt. Jeff L. Yates Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). PADUCAH PLANNING AND ZONING COMMISSION Mayor Jones made the following appointment: WHEREAS, subject to the approval of the Board of Commissioners, and pursuant to the provisions of Sec. 3.001(A) and (B) of Chapter 33, City Administrative Bodies, of the Code of Ordinances of the City of Paducah, I hereby appoint Peyton B. Cromwell to the Paducah Planning and Zoning Commission to replace Joe Reeves, whose term has expired. This term will expire August 31, 2000. 41 Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Jones in appointing Peyton B. Cromwell to the Paducah Planning and Zoning Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). DISCUSSIONS Discussions were held on the following ten,items: 151 152 OCTOBER 81 1996 1. Yard Signs (Joel Scarbrough) 2. School Economical Disadvantages 3. Basketball in Noble Park (Gayle Frye) J4. Landscaping in Noble Park (John Bichon/Gayle Frye) 5. Leaves & Trees (downtown trees) 6. House Police/Housing Authority 7. Letter to Bryan Stewart regarding Bill Beyer's RV Service (Rick Murphy) 8. Noise & Parking at Twinkling Star 9. Holiday Parade 10. Martin Luther King Project (Tom Barnett) (Discussion list in minute file) R & F DOCUMENTS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: J1. Purchaser's Contract for 801 Jones Street ,/2. Contract with National Utility Products Company for Manhole Rings for 1996-97 Fiscal Year J3. Amended Contract for Engineering Services for Stuart Nelson Park Road with Civil Design Group, Inc. Abatement -Phase I J4. Contract with Department of Rural and Municipal Aid for maintenance, reconstruction, or construction of city streets in the amount of $323,625.00 )5. City of Paducah Police and Firefighters Pension Fund Valuation as of July 1, 1996 �6. Paducah Water Works General Ledger Balance Sheet for Period Ending August 31, 1996 J7. Paducah Water Works Monthly Report for September 1996 Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). R & F BIDS Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that that Board of Commissioners receive and file the following bids: Demolition of Property at 801 Jones Street 1. Eagle Construction Co. 2. Purchaser's Contract w/Lynard Smith for 801 Jones Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). PETITION Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners receive and file the following petition: Petition oDDosina oronosed rate increase by Comcast Cable of Paducah, Inc. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). MUNICIPAL ORDER PERSONNEL CHANGES Commissioner Coleman offered motion, seconded by Commissioner Grumley, 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) 153 OCTOBER 8, 1996 Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORDINANCES - ADOPTION CLOSE PORTION OF MARGARET COURT Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF MARGARET COURT". This ordinance is summarized as follows: Closing a portion of Margaret Court in the Jonquilawn Subdivision adjacent to Block I, Lot 11 and Block F, Lot 1, and authorizing, empowering and directing the Mayor to execute a quitclaim deed to each of the property owners in or abutting the public way to be closed. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-10-5578; BOOK 26; PG 111 APPROVE MILNER ORR SUBDIVISION ON ALBEN BARKLEY DRIVE Commissioner Grumley offered motion, seconded by Commissioner Grumley, 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 MILNER ORR SUBDIVISION LOCATED ON ALBEN BARKLEY DRIVE, ACCEPTING THE DEDICATION OF RIGHT-OF-WAY AND PUBLIC EASEMENTS, AND SETTING BOND AMOUNT". This ordinance is summarized as follows: Approving the final report of the Paducah Planning Commission respecting the proposed subdivision of property of Milner Orr Subdivision located on Alben Barkley Drive, accepting the dedication of right-of-way and public easements, and setting bond in the amount of $69,412.00. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-10-5579; BK 26; PG :Z.3D APPROVE LEASE W/SEAMEN'S CHURCH INSTITUTE Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND SEAMEN'S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY, FOR LEASE BY SEAMEN'S OF VARIOUS BUILDINGS -LOCATED AT 117 SOUTH FIRST STREET IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY". The foregoing title summarizes the contents of this ordinance. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-10-5580; BK 26; PG CONTRACT WITH PADUCAH POWER SYSTEM FOR FIBER OPTIC CABLE TO POLICE HEADQUARTERS AT 1400 BROADWAY Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE ELECTRIC PLANT BOARD OF THE CITY OF PADUCAH, D/B/A PADUCAH POWER SYSTEM, AND THE CITY OF PADUCAH, FOR INSTALLATION OF FIBER OPTIC CABLE BETWEEN THE ALLIE MORGAN COMMUNICATION CENTER AND THE POLICE HEADQUARTER BUILDING AT 1400 BROADWAY, IN AN AMOUNT NOT TO EXCEED $17,500". This ordinance is summarized as follows: Authorizing the Mayor to ✓ execute an Agreement between the Electric Plant Board of the City of Paducah, d/b/a Paducah Power System, and the City of Paducah, for installation of fiber optic cable between the Allie Morgan Communication Center and the Police Headquarter Building at 1400 Broadway. The City agrees to reimburse Paducah Power System for one-half the costs and expenses incurred for purchase and installation of this cable in an amount not to exceed $17,500. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-10-5581; BK 26; PG ✓. 154 OCTOBER 81 1996 ORDINANCE ACCEPTING HOWLE DEMOLITION BID Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, AN ORDINANCE ACCEPTING THE BID OF KENNETH HOWLE IN THE AMOUNT OF $2,600 FOR DEMOLITION OF CONDEMNED STRUCTURES LOCATED AT 1720 MONROE STREET 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 $2,600 for demolition of condemned structures located at 1720 Monroe Street and authorizing the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-10-5582; BK 26; PG 2-� ORDINANCES - INTRODUCTION ATTORNEY FEES FOR DEMOLITIONS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY TO COLLECT AND RECOVER REASONABLE ATTORNEY FEES AND OTHER COSTS AND EXPENSES INCURRED IN THE COLLECTION AND ENFORCEMENT OF LIENS FOR THE J REASONABLE VALUE OR LABOR AND MATERIALS USED IN ABATING NUISANCES". This ordinance is summarized as follows: Authorizing the City to collect and recover from any responsible party or parties reasonable attorney fees and other costs and expenses incurred by the City by reason of the collection upon and the enforcement of the responsible party or parties' liability, and the lien which secures same, which shall include liens for abatement of nuisance by demolition. LITTLEVILLE SANITARY SEWER EXTENSION Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING THE AMOUNT TO BE CHARGED FOR CONNECTING TO CITY SANITARY SEWERS CONSTRUCTED BY THE CITY KNOWN AS LITTLEVILLE SANITARY SEWER EXTENSION, PHASE I, AND PROVIDING FOR THE ISSUANCE OF CONNECTION PERMITS, PROVIDING FOR THE PAYMENT OF CONNECTION CHARGES, AND PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS HEREOF". The foregoing title summarizes the contents of this ordinance. GUYLINE DRIVE SEWER SANITARY SEWER EXTENSION Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING THE AMOUNT TO BE CHARGED FOR CONNECTING TO CITY SANITARY SEWERS CONSTRUCTED BY THE CITY KNOWN AS GUYLINE DRIVE SANITARY SEWER EXTENSION, PHASE I AND II, PROVIDING FOR THE ISSUANCE OF CONNECTION PERMITS, PROVIDING FOR THE PAYMENT OF CONNECTION CHARGES, AND PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS HEREOF". The foregoing title summarizes the contents of this ordinance. AUTHORIZE CONTRACT RENEWAL WITH CENTRAL PAVING CO. 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 EXERCISE AN OPTION TO RENEW A CONTRACT WITH CENTRAL PAVING CO. OF PADUCAH INC. FOR RENTAL OF VARIOUS EQUIPMENT FOR THE 1996-97 FISCAL YEAR". The foregoing title summarizes the contents of this ordinance. AUTHORIZE MAYOR TO EXECUTE CONSIDERATION CERTIFICATE FOR KY AVE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE FOR KENTUCKY AVENUE BETWEEN 27TH STREET AND 28TH STREET". Tahis ordinance is summarized as follows: Authorizing and directing the Mayor to execute a Consideration Certificate included in a Quitclaim Deed whereby the Commonwealth of Kentucky conveys to the City of Paducah that portion of Kentucky Avenue between 27th and 28th Streets. OCTOBER 81 1996 AMEND ORDINANCE FOR "NON -TRANSPORTATION USE OF VEHICLES AND TRAILERS IN DOWNTOWN BUSINESS DISTRICT" Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 19-173(C) OF ARTICLE IX, 'NON -TRANSPORTATION USE OF VEHICLES AND TRAILERS IN THE DOWNTOWN BUSINESS DISTRICT' OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Setting forth guidelines for issuance of permits for use of vehicles and trailers in the Downtown Business District. EXECUTIVE SESSION Commissioner Renfro offered motion, seconded by Commissioner Hornsby, 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). 2. Collective bargaining with public employees, as permitted by KRS 61.810(1)(e). 3. 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, Hornsby, Renfro 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. Upon motion the meeting adjourned. ADOPTED: OCTOBER 22, 1996 r 4tCdlerk minute 8 . c>=,r_ Mayor 155