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HomeMy WebLinkAbout04-25-2017APRIL 25, 2017 At a Regular Meeting of the Board of Commissioners, held on Tuesday, April 25, 2017, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Holland gave the invocation. PRESENTATION DOGWOOD TRAIL ART AWARDS On behalf of the Paducah Civic Beautification Board, Bill Ford, announced the 2017 Dogwood Trail Winners, as follows: Jess Holt, 301 West Jefferson Street Dr. Wayne and Nina Hodge, 302 Wallace Lane David and Jeanne Stroup, 2616 Jefferson Heather Alexander and Brooks Park, 3522 Buckner Lane Debra and John Talbert, 3839 Court Avenue Charles Rawlings, 100 Valley Road Robin and Melissa Breeden, 3239 Monroe Street Pat and Robert Hobbs, 661 Whitney Drive Debbie Wager and Gordon Bremenkampf, 325 Minerva Place Jamie and Leigh Ann Paxton, 4000 Pines Road A special Dogwood Trail Award was given to Sally and Charlie Proctor. The winner was chosen by Christopher Merrill, author of Self -Portrait with Dogwood. He also sits on the U. S. National Commission for UNESCO. Civic Beautification member Trish Hines recognized Paul Aho and the Paducah School of Arts for judging the Art & Photography Dogwood Trail Contest. Fine Art Contest Winners: 1St Place — Paul Grumley, "Dogwood I" 2nd Place — Maria Korte, "Dogwoods in Downtown" 3rd Place — Kelly Scarbrough, "Spring's Beauty" Photography Contest Winners: 1St Place —Phyllis Russell (untitled) . 2nd Place — Michael G. Smith, "Solo Aglow" 3rd Place — James Long, Jr., "Anticipation" BEAUX TIE FOR THE ARTS Bill Ford presented cub scout, Hunter Korte, with a Beaux Tie for the Arts award. PROCLAMATION At the request of former Mayor Kaler, Mayor Harless proclaimed May 7, 2017, as "Bow Tie Day" in honor of Bill Ford's birthday. CONSENT AGENDA APPROVAL Before the consent agenda was read by the City Clerk, Commissioner Wilson asked that item I(D)(3)-MOU Desingating Agent for Convention Center Improvements, be removed from the consent agenda and be placed on the agenda before the Ordinance introductions. Mayor Harless asked the City Clerk to read the remaining items on the consent agenda. Consent Agenda: I(A) Minutes for the April 18, 2017, City Commission Meeting I(B)(1) Appointment of Laura Kauffman to Civic Beautification Board to fill the unexpired term of Karen Paxton who has resigned. This term will expire July 1, 2017. I(B)(2) Reappointment of Rick Loyd to the Paducah Golf Commission. This term will expire March 26, 2021. 920 APRIL 25, 2017 I(B)(3) Reappointment of Gary Reese and Lincoln Hardy to the Paducah Human Rights Commission. These terms will expire November 26, 2020 and July 24, 2020, respectively. I(C)(1) Receive and File documents I(D)(1) Personnel Actions as recommended by the City Manager I(D)(2) A MUNICIPAL ORDER APPROVING AN AGREEMENT WITH MARCUM ENGINEERING, LLC FOR ENGINEERING AND ARCHITECTURAL PROFESSIONAL SERVICES FOR THE CITY HALL IMPROVEMENTS PHASE I PROJECT IN THE LUMP SUM OF $337,000 PLUS REIMBURSABLE EXPENSES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. (M.O.1963: BK 10) Motion was made by Commissioner Holland, seconded by Commissioner Wilson, to approve the items on the Consent Agenda as presented. Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORDINANCES — ADOPTION REZONING OF 4231 PECAN DRIVE FROM R-1 TO R-4 Mayor Harless asked that the City Clerk defer the above rezoning item on the agenda to May 9, 2017. She did allow for public comments regarding the 4231 Pecan Drive rezoning. Ron Ward — not a resident of the neighborhood but suggested the developer consider buying property elsewhere to construct a 100 bed skilled nursing facility Peter Havel — believes the skilled nursing development will create more flooding issues for the neighborhood. Chris Burnett — one of the property owners, does not want the development of the property to cause the neighborhood flooding issue to be worse but does feel with the regulations that are required for the project that flooding will not increase. If this deal falls through he does plan on developing the property in some way. Hopefully it will be something that will be an asset to the area. Scott Darnell — President and CEO of Paducah Economic Development, knows Paducah is becoming a very vibrant healthcare sector for the surrounding area. This proposal is for low impact, low traffic, single use development and is much needed for infill development in the city. It will be helpful with employment and will be a great economic development opportunity. Ron Cowherd — longtime resident of the Pecan Drive neighborhood, would like for the property to remain at R-1, is concerned if the property is changed to R-4 then that would just be the beginning for commercial development for property going out to Strawberry Hill. He would like to see the property developed as residential to keep the neighborhood concise. Chris Jones — is a resident of the neighboring area, is concerned with more flooding issues if project is approved, he has experienced four 100 year floods over the five years has lived in the neighborhood, is also concerned that changing the area to R-4 would be the beginning of making that area a commercial corridor and thinks it would not be conducive to the neighborhood Ronnie Dexter — commercial real estate representative for the buyer, addressed some of the concerns voiced by the neighborhood residents, he also reminded the Board that the developer has gone through all of the proper procedures for a zone change and the Planning Commission did approve the change. The zone change is in compliance with the City's comprehensive plan. In his opinion, he thinks the City has an obligation to approve the zone change. Jason Goins — engineer for Sitework, engineering firm representing Life Care Centers of America (buyer), addressed concerns of flooding, traffic and noise. He said the procedures and guidelines for development of the property whether the property remains R-1 or changes to R-4 remains the same and there can't be any increase in stormwater leaving the property. 921 APRIL 25, 2017 Mayor Harless knows this a tough issue for everyone involved and said that the ordinance adoption will be placed on the May 9, 2017, agenda for action by the Board. MOTION SUSPEND THE RULES OR ORDER Commissioner Wilson offered motion, seconded by Commissioner Holland, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll,yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER MOU DESIGNATING AGENT FOR CONVENTION CENTER IMPROVEMENTS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND AUTHROIZING A MEMORANDUM OF UNDERSTANDING APPOINTING PADUCAH-McCRACKEN COUNTY CONVENTION CENTER CORPORATION AS AGENT FOR CITY FOR THE UNDERTAKING OF IMPROVENT TO THE JULIAN CARROLL CONVENTION CENTER," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). M.O.#1964; BK 10 ORDINANCES) — INTRODUCTION ORDINANCE ESTABLISHING GUIDELINES FOR FOOD TRUCKS Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE CREATING CHAPTER126, ARTICLE III, SECTION126-88, "MOBILE FOOD VEHICLES," TO THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: The City hereby creates a new section, 126-88, Mobile Food Vehicles in Chapter 126, Zoning, Article III, in the Code of Ordinances to allow Mobile Food Vehicles to operate under specific guidelines. AUTHORIZING THE CITY TO ENTER INTO A PARTNERSHIP AGREEMENT WITH THE DEPARTMENT OF THE ARMY FOR THE OHIO RIVER SHORELINE RECONSTRUCTION PROJECT Commissioner Wilson offered motion, seconded by Commissioner Holland, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROJECT PARTNERSHIP AGREEMENT (PPA) BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH FOR THE CONSTRUCTION OF THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY, RECONSTRUCTION PROJECT; AND TO AUTHORIZE THE FINANCE DIRECTOR TO PROVIDE THE NON-FEDERAL SPONSOR'S 5% CASH OBLIGATIONS TO THE U.S. ARMY CORPS OF ENGINEERS AS FEDERAL LEGISLATION/APPROPRIATIONS ARE AWARDED." This Ordinance is summarized as follows: In this Ordinance the City is authorizing the Mayor to execute a Project Partnership Agreement between the Department of the Army, represented by the District Engineer, United States Army Engineer District, Louisville and the City of Paducah, Kentucky, for construction of the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project. Further, the City authorizes the Finance Director to provide the Non -Federal Sponsor's 5% cash obligations to the U.S. Army Corps of Engineers as Federal Legislation/Appropriations are awarded. COMMENTS COMMENTS FROM THE CITY MANAGER At the request of the City Manager, City Engineer Rick Murphy gave an update on the Floodwall Pump Station #2 project. Plans are in his office and bidding will be advertised soon. Citizens' Stormwater Advisory Committee — City Manager is still needing names for the committee City Manager Pederson appreciates that the Board authorized the agreement for architectural and engineering services for the City Hall Phase I project. He is very 922 APRIL 25, 2017 grateful for the Board's approval so the project can proceed. COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Wilson asked for an update on the construction of the transient boat dock. City Engineer Murphy reported that the dock is still being assembled. Pile guides are being installed today. The gangways are at the Riverport Authority waiting to be set. Commissioner Holland and Commissioner Abraham encouraged everyone to attend the Quilt Show. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, that the meeting be adjourned at approximately 6:41 p.m. All in favor. Motion carried. ADOPTED: May 9, 2017 City Clerk 923 Mayor CITY COMMISSION MEETING APRIL 25, 2017 ATTACHMENT R & F DOCUMENTS LIST DOCUMENTS 1. Certificate of Liability Insurance for Gill Family Properties, LLC 2. Deeds: a. Quitclaim Deed with Russell & Julie Wagner for closing of High Street between Sherwood Road and Alameda Drive (MO # 1955) b. Quitclaim Deed with Icy L. Gardner for closing of High Street between Sherwood Road and Alameda Drive (MO # 1955) c. Deed with Brent Lindsey for 1319 Park Avenue (MO # 1930) 3. Contracts/Agreements: a. Franchise Extension Agreement with Comcast Cable (ORD # 2017-4-8482) b. Agreement with International Association of Fire Fighters IAFF for Fire Ground Survival (ORD # 2017-2-8475) c. Contract for Services with Paducah -McCracken County Convention & Visitors Bureau (MO # 1962) d. Encroachment Agreement with Musselman Properties, LLC for a portion of Labelle Avenue adjacent to 3121 Broadway (MO # 195 1) 4. City of Paducah Financial Report for Period Ending January 31, 2017 The documents listed above were received and filed at the April 25, 2017, City Commission meeting on the Consent Agenda. 923A