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HomeMy WebLinkAbout12/14/93M1' DECEMBER 14, 1993 ROLL CALL At Regular Meeting of the Board of Commissioners held in the Commission Chambers at City Hall at 7:00 p.m., Tuesday, December 14, 1993, Mayor Montgomery presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Feezor, Grumley, Hornsby, Taylor, and Mayor Montgomery (5). MINUTES Commissioner Feezor offered motion, seconded by Commissioner Grumley, that the reading of the minutes for December 7, 1993, be waived that the minutes of said meetings prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor, and Mayor Montgomery (5). APPOINTMENTS PADUCAH McCRACKEN COUNTY SENIOR CITIZENS INC. Mayor Montgomery made the following appointment: "WHEREAS, the term of Winifred (Winn) Huyck has expired as a member of the Paducah McCracken County Senior Citizens; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Winifred (Winn) Huyck as a member of said Board for an additional term of two years, which term will expire July 1, 1995". Commissioner Grumley offered motion, seconded by Commissioner Feezor, that the Board of Commissioners approve the action of Mayor Montgomery in reappointing Winifred (Winn) Huyck as a member of the Paducah McCracken County Senior Citizens, Inc. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). PADUCAH-McCRACKEN COUNTY RECREATIONAL, TOURIST & CONVENTION COMMISSION Mayor Montgomery made the following appointment: "WHEREAS, the terms of Lou Brown, Jim Gregory and Rollie France as members of the Paducah -McCracken County Recreational, Tourist & Convention ,% Commission will expire December 31, 1993, I hereby, subject to the approval of the Board of Commissioners, reappoint Ms. Brown, Mr. Gregory and Mr. France as members of said Commission, which terms will expire December 31, 1996." Commissioner Hornsby offered motion, seconded by Commissioner Taylor, that the Board of Commissioners approve the action of Mayor Montgomery in reappointing Lou Brown, Jim Gregory and Rollie France as members of the Paducah -McCracken County Recreational, Tourist & Convention Commission. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). CIVIL SERVICE COMMISSION Mayor Montgomery made the following appointment: "WHEREAS, the term of Carl Walter as a member of the Civil Service Commission V, expired on December 9, 1993; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mr. Walter to a further term of three years, which term will expire December 9, 1996." Commissioner Feezor offered motion, seconded by Commissioner Grumley, that the Board of Commissioners approve the action of Mayor Montgomery in reappointing Carl Walter as a member of the Civil Service Commission. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). 610 DECEMBER 14, 1993 ✓ 2. John T. Landers, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 152 SE, in the amount of $225.00 (Receipt No. 5872) 3. Christopher Sean Moore, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 260 1/2 E, in the amount of $175.00 (Receipt No. 5868)" 5 "I move that the Board of Commissioners approve the transfer from J. William Young to City of Paducah the following described burial property in Oak Grove Cemetery: Old Addition, Section T, Lot 237 Transferred to J. William Young from Grace Episcopal Church on October 12, 1972 Recorded in Cemetery Register, page 220 (Old Book page 92) I further move that said Board approve the transfer of said burial property from J. William Young to City of Paducah, by deed dated October 29, 1993, and that the City Clerk be directed to make the proper transfer on the Cemetery Register." Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). R & F DOCUMENTS Commissioner Taylor offered motion, seconded by Commissioner Hornsby, that the following documents be received and filed: 1. Certificate(s) of Insurance: a) Buford Heating & Air b) Bobby Butler & Sons ✓ c) Comcast Cablevision of Paducah, Inc. d) Outdoor Communications Inc. e) Ray Black & Son, Inc. f) Tilford Contractors Inc. & Buford Heating & AC Inc. 2. Paducah -McCracken County Growth Inc. Audit for Year Ended June 30, 1993 3. Paducah Water Works Monthly Report for November, 1993 PADUCAH-McCRACKEN COUNTY RIVERPORT AUTHORITY Mayor Montgomery made the following appointment: "WHEREAS, the term of Bob Day as a member of the Paducah -McCracken County Riverport Authority has expired, I hereby, subject to the approval of the Board of Commissioners, reappoint Mr. Day to said Board, which term will expire September 26, 1993." Commissioner Grumley offered motion, seconded by Commissioner Feezor, that the Board of Commissioners approve the action of Mayor Montgomery in reappointing Bob Day as a member of the Paducah -McCracken County Riverport Authority. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). MOTIONS �Go7.f. CEMETERY LOTS Commissioner Hornsby made the following motions, seconded by Commissioner Taylor: "I move that the Board of Commissioners approve the sale of the attached cemetery lot(s) and that the City Clerk is hereby authorized to execute a Deed of Conveyance for said cemetery lot(s): 1. James Ray Stewart, Old Addition to Oak Grove Cemetery, Sec. 30 C, Lot 176, in the amount of $225.00 (Receipt No. 5870) ✓ 2. John T. Landers, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 152 SE, in the amount of $225.00 (Receipt No. 5872) 3. Christopher Sean Moore, Rushing Addition to Oak Grove Cemetery, Sec. 6, Lot 260 1/2 E, in the amount of $175.00 (Receipt No. 5868)" 5 "I move that the Board of Commissioners approve the transfer from J. William Young to City of Paducah the following described burial property in Oak Grove Cemetery: Old Addition, Section T, Lot 237 Transferred to J. William Young from Grace Episcopal Church on October 12, 1972 Recorded in Cemetery Register, page 220 (Old Book page 92) I further move that said Board approve the transfer of said burial property from J. William Young to City of Paducah, by deed dated October 29, 1993, and that the City Clerk be directed to make the proper transfer on the Cemetery Register." Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). R & F DOCUMENTS Commissioner Taylor offered motion, seconded by Commissioner Hornsby, that the following documents be received and filed: 1. Certificate(s) of Insurance: a) Buford Heating & Air b) Bobby Butler & Sons ✓ c) Comcast Cablevision of Paducah, Inc. d) Outdoor Communications Inc. e) Ray Black & Son, Inc. f) Tilford Contractors Inc. & Buford Heating & AC Inc. 2. Paducah -McCracken County Growth Inc. Audit for Year Ended June 30, 1993 3. Paducah Water Works Monthly Report for November, 1993 611 DECEMBER 14, 1993 4. Corporate Meeting Manual for West Kentucky Mausoleum, Oak Grove Cemetery Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor, and Mayor Montgomery (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Feezor 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. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Taylor, Hornsby and Mayor Montgomery (5). (SEE MUNICIPAL ORDER BOOK) ORDINANCES - INTRODUCTION CONDEMN PROPERTY FOR BARKLEY REGIONAL AIRPORT Commissioner Grumley offered motion, seconded by Commissioner Feezor, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE DEEMING IT NECESSARY TO CONDEMN AND ACQUIRE FOR PUBLIC PURPOSES CERTAIN REAL ESTATE LOCATED IN McCRACKEN COUNTY, KENTUCKY, FOR FURTHER AVIATION DEVELOPMENT OF BARKLEY REGIONAL AIRPORT". This ordinance is summarized as follows: Condemning certain real estate for the development of aviation facilities at Barkley Regional Airport, and authorizing and directing the Corporation Counsel to institute condemnation proceedings in McCracken Circuit Court for condemnation of same. ORDINANCES - ADOPTION AMEND SEC. 2-47.5, NONCIVIL SERVICE (E911) Commissioner Hornsby offered motion, seconded by Commissioner Taylor that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 2-47.5, 'NONCIVIL SERVICE GENERALLY-, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: ✓ Creating the following positions and salaries in the Emergency Communications Department: Chief Dispatcher, Trainee or Part-time Dispatcher, Certified Dispatcher, Non -certified Dis- patcher, and Data Entry Clerk; and abolishing the positions of Certified Dispatcher (Trainee) or Part-time and Non -Certified Dispatcher (Trainee) or Part-time. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5047, BK. 25, PAGE 317 - AMEND SEC. 10-65, CIVIL SERVICE (E911) Commissioner Taylor offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 10-65, CIVIL SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Abolishing the position of Chief Dispatcher in the Emergency Communications Department and decreasing the number of dispatchers from 9 to 8. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5048, BK. 25, PAGE "�.. REZONE PROPERTY BETWEEN 24TH & 27TH STREETS & KENTUCKY AVENUE AND WASHINGTON STREET Commissioner Feezor 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 REZONING FOR AREAS J LOCATED BETWEEN 24TH AND 27TH STREETS AND KENTUCKY AVENUE AND WASHINGTON STREET, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING". This ordinance is summarized as follows: Changing the zoning of property in the above area from various I ` - _ w»........... y, ... ..,. .. .... ,, _.i 1. 612 DECEMBER 14, 1993 zones to B-1 Zoning. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5049, BK. 25, PAGE 360 . 4 IN CLOSE ALLEYS BETWEEN 24TH & 27TH STREETS & BETWEEN WASHINGTON STREET AND KENTUCKY AVENUE Commissioner Grumley offered motion, seconded by Commissioner Feezor, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CLOSING ALLEYS BETWEEN 24TH AND 27TH STREETS AND BETWEEN WASHINGTON STREET AND KENTUCKY AVENUE". This ordinance is summarized as follows: Closing alleys between 24th and 27th Streets and between Washington Street and Kentucky Avenue and directing the Corporation Counsel to institute and prosecute an action in McCracken Circuit Court for a judgment ordering the closing of same. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5050, BK. 25, PAGE 3r . CLOSE PORTION OF KENTUCKY AVENUE (FOR WESTERN BAPTIST HOSP.) Commissioner Hornsby offered motion, seconded by Commissioner Taylor, that the Board of Commissioners of the City adopt an ordinance entitled, "AN ORDINANCE CLOSING A PORTION OF KENTUCKY AVENUE BETWEEN 24TH AND 27TH STREETS". This ordinance is summarized as follows: Closing a portion of Kentucky Avenue between 24th and 27th Streets and directing the Corporation Counsel to institute and prosecute an action in McCracken Circuit Court for a judgment ordering the closing of same. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5051, BOOK 25, PAGE :�54 . CLOSE PORTION OF 25TH STREET Commissioner Taylor offered motion, seconded by Commissioner Feezor, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CLOSING A PORTION OF 25TH STREET �. BETWEEN WASHINGTON STREET AND KENTUCKY AVENUE". This ordinance is summarized as follows: Closing a portion of 25th Street between --� Washington Street and Kentucky Avenue and authorizing and directing the Corporation Counsel to institute and prosecute an action in McCracken Circuit Court for a judgment ordering the closing of same. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5052, BK. 25, PAGE 36(a. PATS MAINTENANCE AGREEMENT Commissioner Feezor offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH AREA TRANSIT SYSTEM (PATS) FOR FLEET MAINTENANCE SERVICES ON PATS VEHICLES". The foregoing title summarizes the contents of this ordinance. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5053, BK. 25, P. 2-57. SELL REAL ESTATE TO MEEKS ELECTRICAL INC. Commissioner Grumley offered motion, seconded by Commissioner Feezor, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF MEEKS ELECTRICAL, INC. FOR THE PURCHASE OF REAL PROPERTY LOCATED ON NORTH 7TH STREET, AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR SAME". This ordinance is summarized as follows: Accepting the bid of Meeks Electrical, Inc. in the amount of $505.00 for the purchase real property located on North 7th Street, authorizing the Corporation Counsel to prepare a deed for sale of said property, and authorizing the Mayor to execute same. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5054, BK. 25, P. 3617• 613 DECEMBER 14, 1993 SELL REAL ESTATE TO 9TH STREET BAPTIST TABERNACLE CHURCH Commissioner Hornsby offered motion, seconded by Commissioner Taylor, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF NINTH STREET TABERNACLE BAPTIST CHURCH FOR THE PURCHASE OF REAL PROPERTY IN THE AMOUNTS OF $25.00 FOR PROPERTY LOCATED ON NORTH 8TH STREET AND IN THE AMOUNT OF $100.00 FOR PROPERTY LOCATED ON HARRIS STREET, AND ✓ AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS FOR SAME". This ordinance is summarized as follows: Accepting the bids of Ninth Street Tabernacle Baptist Church in the total amount of $125.00 for the purchase of real property located on North 8th Street and on Harris Street, authorizing the Corporation Counsel to prepare deeds for sale of said property, and authorizing the Mayor to execute same. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5055, BK. 25, P. 13i0 - APPROVE LEASE WITH KENTUCKY MUNICIPAL FINANCE CORPORATION FOR FIREFIGHTING EQUIPMENT Commissioner Taylor offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE (RESOLUTION) APPROVING A LEASE WITH V, KENTUCKY MUNICIPAL FINANCE CORPORATION FOR THE FINANCING OF FIREFIGHTING EQUIPMENT TO BE OWNED BY THE CITY OF PADUCAH, KENTUCKY; AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATING TO SUCH LEASE; AND MAKING CERTAIN DESIGNATIONS REGARDING THE LEASE". The foregoing title summarizes the contents of this ordinance. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5). ORDINANCE NO. 93-12-5056, BK. 25, P. 3/o . DISCUSSIONS The Board, led by Commissioner Hornsby, expressed their appreciation to Mayor Montgomery for her long and diligent efforts on the Western Baptist Hospital expansion project. James Rushing, an employee of the Wastewater Treatment Division, addressed the Commission opposing an ordinance for city employees to give up December 31st (New Year's Eve) holiday and observing Martin Luther King Jr. Day. Jean Clement, an employee of the Finance Department, spoke on behalf of a group of city employees and addressed the Commission on this same subject. She presented a petition to this effect which was signed by a number of city employees. Danny Fugate, a city employee, addressed the Commission on behalf of the NAACP regarding a letter from the NAACP to the City dated last March, 1993, requesting the City to observe J Martin Luther King Jr. Day. He said it was not the intention nor the wishes of the NAACP that Martin Luther King Jr. Day be substituted for any other recognized city holiday. He stated that the third Monday in January is the day established by the Federal Government for commemoration of Martin Luther King Jr. Day. Tim Cathcart, an employee of the Wastewater Treatment Division, also addressed the Commission on this subject. He said it appears that the City of trying to pacify a minority by rearranging city recognized holidays. Mayor Montgomery replied to this subject and said the City is not ready to do anything about observing Martin Luther King Jr. Day at this time and that no decision has been made by the Commission. She told city employees at the meeting that they would be notified if any future change is made in holidays before any action is taken by the Commission. She expressed her appreciation to city employees for stating their opinions on this issue. City Manager Jim Pennington told the Commission that the minimum cost to the city for one day's holiday is $43,000 at this time. 614 DECEMBER 14, 1993 CITY MANAGER DISCUSSIONS: 1. Adult Entertainment Ordinance 2. Business License for rental property 3. Certificates of Occupancy 4. Noise Ordinance POLICE CHIEF McGINTY: 1. Stated that School Crossing Guards will be in place by next week. There will be six guards. 2. Stated that the downtown traffic control employees could use a couple of the old cushmans that were utilized by the parking meter maids in past years if they are still owned by the city. The City Manager will find out if the city still has these vehicles. 3. Said he and the City Manager are meeting with the Auxiliary Police and DES tomorrow to discuss the possibility of combining these units. He said their functions are very different, and he is not sure it can be done. Mayor Montgomery said that DES is used only for emergencies declared by the Mayor or County Judge/Executive. 4. Said the Kentucky Legislature is considering changing the Juvenile Code. Rhonda James handed out a draft of an Adult Entertainment Ordinance and a map showing locations of adult entertainment businesses in the City. She and Steve Doolittle gave a presentation on this subject, including possible rezoning for to control where these businesses may locate and the hours they may operate. An M-1 Zone was requested for these establishments. After lengthy discussion is was decided that the ordinance would be adopted before the rezoning takes place. Mayor Montgomery asked that Corporation Counsel review this ordinance before it is presented to the Commission. MAYOR MONTGOMERY: 1. Congratulated the Community Development Department for receiving the HOPE 3 Grant. Rhonda James stated that HOPE 3 is for foreclosures on delinquent tax properties to be taken and rehabilitated. 2. Requested a discussion on budget formatting. 3. Received a petition signed by some city employees opposing the dress/uniform code. The City Clerk will receive and file this petition at the next meeting. 4. Thanked Steve Doolittle for his work on the Western Baptist Hospital Project 5. Handed out a packet concerning a funding request for Highway I-66 and requested Board make recommendations on this next week. COMMISSIONER GRUMLEY requested: 1. That traffic lines be painted on Friedman Lane and South 28th Street. 2. That a solution to the graffiti problem be kept in mind. Upon motion the meeting adjourned. 615 DECEMBER 14, 1993 ADOPTED: December 21, 1993 REAPPOINT FRANK R. PAXTON TO GOLF COMMISSION Mayor Montgomery made the following appointment: "WHEREAS, the term of Frank R. Paxton has expired as a member of the Paducah Golf Commission; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mr. Paxton to said Commission, which term will expire March 26, 1997." Commissioner Taylor offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners approve the action f Mayor Montgomery in reappointing Frank R. Paxton as a member of the Paducah Golf Commission. Adopted on call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor Montgomery (5).