HomeMy WebLinkAbout12-17-2019 - CalledDecember 17, 2019
At a Called Meeting of the Board of Commissioners, held on Tuesday, December 17, 2019, 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, McElroy, Watkins, Wilson and Mayor Harless (5).
INVOCATION:
Commissioner McElroy led the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Harless led the pledge.
DELETION OF AGENDA ITEMS
The City Manager removed Item IV – Discussion – Quarterly Financial Report from the Agenda
EMPLOYEE INTRODUCTIONS
Assistant City Manager Michelle Smolen introduced Human Resources Director Stefanie Suazo and
Police Chief Brian Laird introduced Records Clerks Sabrina Miller and Mary Farrell
PRESENTATION
Mark Thompson and Molly Johnson presented trophies to the following winners of the 2019 Paducah
Christmas Parade:
Themed Float Division
1 st Place Dippin Dots
2nd Place Highland Cumberland Pres. Church
3rd Place Paducah Power
4th Place BFW Engineering
5th Place Cub Scout Pack 2018
Religious Float Division
1 st Place Broadway Church of Christ
2nd Place West KY Christian Alliance
3rd Place Trinity United Methodist
Non -float Division
1 st Place MelRbea Balloons
2nd Place AMPA
3rd Place Goodwin Farms
School Float Division
1 st Place McNabb
Drill Team Division
1st Place SAB
2nd Place Center Stage
3rd Place Paducah Quick Step Cloggers
Band Division
1 st Place MCHS
2nd Place PTHS
"New Annual Award*
2019 Community Spirit Award (this award is given to a parade entry—doesn't have to be competing,
that best portrays community spirit)
Ingram Barge Company
CONSENT AGENDA
Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on
the Consent Agenda.
I(A)
Approve Minutes for the December 10, 2019 Board of Commissioners Meeting
I(B)
Receive and File Documents
Deed File:
December 17, 2019
Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be
adopted as presented.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
ORDINANCES) — ADOPTIONS
BUDGET AMENDMENT — GENERAL FUND RESERVE FUNDS — OHIO RIVER
RECONSTRUCTION PROJECT
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE
NO. 2019-6-8578, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019,
THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT" AND
AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE UNITED STATES
ARMY CORPS OF ENGINEERS LOUISVILLE DISTRICT" This Ordinance is summarized as
follows: That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020,
Ordinance No. 2019-6-8578, be amended by the following re -appropriation: Transfer $687,900 from
the FY2020 General Fund Reserve to the Floodwall Cash Match (FW0016) Project Account. Further,
this ordinance authorizes the Finance Director to make Payment to the United States Army Corps of
Engineers Louisville District in the amount of $687,894.00 in accordance with the Project Partnership
Agreement for the City of Paducah's Local Flood Protection Project.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD 92019-12-8602; BK 35)
BROCKENBOROUGH ROTARY HEALTH PARK SPRAY PAD RESTROOMS PROJECT
CHANGE ORDER #1
Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE AUTHORIZING A CONTRACT
1. Deed of Conveyance — Sabrina, Inc. to City of Paducah 831 Campbell Street (MO
#2298)
2. Commissioner's Deed — 2706 Ohio Street
Contract File:
1. Interlocal Cooperative Agreement — McCracken County PVA and City of Paducah
(ORD 2019-11-8596)
2. Agreement between City of Paducah and the Emerald Foundation "Fit For Duty"
assessments — First Responders — Signed by Michelle Smolen — Acting City
Manager on behalf of James Arndt — City Manager
3. Municipal Advisory Services Agreement — Robert W. Baird & Co. bond advisor
(ORD 2019-11-8598)
Financials File:
1. Barkley Reginal Airport Authority —Years ended June 30, 2019 and 2018
2. Luther F. Carson Four Rivers Center, Inc. —Year Ended June 30, 2019
I(C)
Personnel Actions
I(D)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SERVICES WITH MIDTOWN ALLIANCE OF NEIGHBORS IN
AN AMOUNT OF $140,000 FOR OPERATING FUNDS AND AFFORDABLE
HOUSING CONSTRUCTION AND REPAIR (MO #2308; Book 40)
I(E)
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 164
CLEMENTS STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF
JAMES HARDIN IN THE AMOUNT OF $350.00 FOR PURCHASE OF SAID REAL
PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND
ALL DOCUMENTS RELATED TO SAME MO #2309; Book 40
Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be
adopted as presented.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
ORDINANCES) — ADOPTIONS
BUDGET AMENDMENT — GENERAL FUND RESERVE FUNDS — OHIO RIVER
RECONSTRUCTION PROJECT
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE
NO. 2019-6-8578, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019,
THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT" AND
AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE UNITED STATES
ARMY CORPS OF ENGINEERS LOUISVILLE DISTRICT" This Ordinance is summarized as
follows: That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020,
Ordinance No. 2019-6-8578, be amended by the following re -appropriation: Transfer $687,900 from
the FY2020 General Fund Reserve to the Floodwall Cash Match (FW0016) Project Account. Further,
this ordinance authorizes the Finance Director to make Payment to the United States Army Corps of
Engineers Louisville District in the amount of $687,894.00 in accordance with the Project Partnership
Agreement for the City of Paducah's Local Flood Protection Project.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD 92019-12-8602; BK 35)
BROCKENBOROUGH ROTARY HEALTH PARK SPRAY PAD RESTROOMS PROJECT
CHANGE ORDER #1
Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE AUTHORIZING A CONTRACT
December 17, 2019
AMENDMENT WITH EVRARD STRANG CONSTRUCTION COMPANY IN AN AMOUNT OF
$16,951.32 FOR THE PAT AND JIM BROCKENBOROUGH ROTARY HEALTH PARK PHASE 2
PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO
SAME." This Ordinance is summarized as follows: the Mayor is authorized to execute a Contract
Amendment with Evrard Strang Construction Company for an increase in the amount of $24,451.32
and a decrease in the amount of $7,500 for a net increase to the contract in an amount of $16,951.32
for the Paducah Health Park Phase 2 Project. Prior to amending the contract, the Mayor must receive
lien waivers provided by the contractor from each and every subcontractor hired to perform labor or
provide materials for the Paducah Health Park Phase 2 Project.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). .
(ORD #2019-12-8603; BK 35)
PROMISSORY NOTE FORGIVENESS PAXTON PARK GOLF MUNICIPAL GOLF COURSE
Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE AUTHORIZING AND APPROVING
THE FORGIVENESS OF A LOAN OWED BY THE PADUCAH GOLF COMMISSION AND
REPEALING ORDINANCE NO. 2013-12-8109 AND ORDINANCE NO. 2015-1-8208, WHICH
AUTHORIZED AND MODIFIED THE LOAN BETWEEN THE CITY OF PADUCAH AND THE
PADUCAH GOLF COMMISSION FOR CAPITAL IMPROVEMENTS TO PAXTON PARK
MUNICIPAL GOLF COURSE." This Ordinance approves the forgiveness of a certain promissory
note owed by Paducah Golf Commission, also known as Paxton Park Municipal Golf Course Board, to
the City of Paducah for certain capital improvements needed for the preservation of the Paxton Park
Municipal Golf, a City owned municipal park and repeals the initial ordinances approving the financial
assistance. The forgiveness is necessary due to current financial challenges encountered by the Golf
Commission due to inclement weather. This Ordinance also approves and authorizes the Mayor to
execute and deliver to the Golf Commission the Forgiveness of Debt Agreement which evidences this
forgiveness.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD #2019-12-8604; BK 35)
ESTABLISH CREATIVE & CULTURAL COUNCIL
Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE ESTABLISHING THE PADUCAH
CREATIVE AND CULTURAL COUNCIL." This ordinance is summarized as follows: This ordinance
establishes the Paducah Creative and Cultural Council ("Council") by adding sections 2-581, 2-582, 2-
583, and 2-584 to the Paducah Code of Ordinances. The Council shall be composed of 5 citizens, the
Paducah Director of Planning, the Paducah Neighborhood Project Planner and the Paducah Grants
Administrator.This ordinance outlines the method by which Council members shall be appointed and
the role and function of the Council. Council members shall serve without compensation and shall not
incur any indebtedness to be paid by the City
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD #2019-12-8605; BK 35)
ACCEPT PROPERTY FROM P&L RAILROAD
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY TO
ENTER INTO AN AGREEMENT WITH PADUCAH & LOUISVILLE RAILWAY, INC." This
Ordinance authorizes the Mayor to execute a Purchase Agreement with the Paducah & Louisville
Railway for conveyance of the property located near Adams Street, Jackson Street, and Tennessee
Street whereby the Paducah & Louisville Railway will convey such property to the City of Paducah.
Following satisfactory inspection, environmental assessment and zoning certification, the Mayor is
further authorized to execute a quitclaim deed for conveyance of the property, together with all other
documentation necessary to effectuate transfer of the Property
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD #2019-12-8606; BK 35)
December 17, 2019
AUTHORIZE CONTRACT WITH COMMONWEALTH ECONOMICS
Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COMMONWEALTH
ECONOMICS PARTNERS, LLC IN AN AMOUNT OF $43,824.80 PLUS DIRECT EXPENSES IN
AN AMOUNT NOT TO EXCEED $4,000 FOR CONSULTING SERVICES RELATED TO THE TAX
INCREMENT FINANCING (TIF) PROGRAM FOR THE PADUCAH RIVERFRONT
DEVELOPMENT PROJECT." This Ordinance authorizes the Mayor to execute a professional services
agreement with Commonwealth Economics Partners, LLC, for the Tax Increment Financing (TIF)
Program. This agreement is in the amount of $19,824.80 for services rendered since June 2019, plus
$4,000 per month not to exceed $24,000, for a total base contract amount of $43,824.80 plus direct
expenses in an amount not to exceed $4,000.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD #2019-12-8607; BK 35)
CONSOLIDATE THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY
(URCDA) WITH THE PADUCAH PLANNING COMMISSION
Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE REGARDING THE URBAN
RENEWAL AND COMMUNITY DEVELOPMENT AGENCY AND DESIGNATING MEMBERS
OF THE PADUCAH PLANNING COMMISSION TO SERVE AS JOINT MEMBERS ON BOTH
AGENCIES." This ordinance is summarized as follows: The Urban Renewal and Communit
Development Agency (URCDA) was established by Resolution on February 23, 1960. This ordinance
creates a new section in Chapter 34, Article VI of the Paducah Code of Ordinances to establish the
URCDA in said Code of Ordinances. The URCDA will be combined with the Planning Commission in
that the 5 members appointed to the URCDA shall be members of the Planning Commission with the
remaining members of the Planning Commission serving as alternate members. This ordinance further
appoints the following members of the Paducah Planning Commission to the URCDA: Cathy
Crecelius, David Morrison, Valerie Pollard, Lorraine Schramke and Bob Wade. The powers, functions
and duties of the URCDA and its authority shall be in conformity with KRS Ch. 99.330 to 99.510, as
amended from time to time.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD 92019-12-8608; BK 35)
AMEND CODE OF ORDINANCES CHAPTER 42 RELATED TO JUNK VEHICLES
Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of
Commissioners adopt an Ordinance entitled "AN ORDINANCE AMENDING CHAPTER 42 OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows:
This ordinance amends Chapter 42 of the Code of Ordinances to address the nuisance of junked motor
vehicles. Junk Motor Vehicles which are apparently abandoned or apparently inoperable as defined by
the ordinance shall be fined at a rate of $100 for the first occurrence (30 days after final order or
waiver of hearing) and be subject to tow at owner's expense for the second occurrence (60 days after
final order or waiver of hearing). Exceptions shall include classic or collector vehicles. Compliance by
removal of a vehicle by the owner within seven (7) days after receipt of the notice of violation from the
city shall be considered compliance and no further action or fine shall be imposed against the owner.
The full text of each section that imposes fees shall be published in accordance with KRS 83A.060.
Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
(ORD 92019-12-8609; BK 35)
ORDINANCES) — INTRODUCTION
CHANGE ORDER #1 WITH BACON, FARMER AND WORKMAN ENGINEERING &
TESTING, INC., IN THE AMOUNT OF 55,000 FOR THE PADUCAH PARKS &
RECREATION MASTER PLAN
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR
December 17, 2019
TO EXECUTE CHANGE ORDER NO. 1 WITH BACON, FARMER AND WORKMAN
ENGINEERING & TESTING, INC, IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS &
RECREATION MASTER PLAN." This Ordinance is summarized as follows: This Ordinance
authorizes the Mayor to execute Change Order No. 1, in an amount of $5,000 with Bacon, Farmer and
Workman Engineering & Testing, Inc. for work related to the addition of McCracken County residents
in the statistically valid survey for a new total contract amount of $107,500.
REPEAL AND REPLACE CHAPTER 22 — CABLE COMMUNICATIONS
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE REPEALING CHAPTER 22 OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHICH GOVERNS
CABLE COMMUNICATIONS AND REPLACING IT IN ITS ENTIRETY." This ordinance is
summarized as follows: This ordinance repeals the existing Chapter 22 of the Code of Ordinances of
the City of Paducah and replaces it in its entirety. Changes include Applicable Law as a new defined
term which includes any and all local law, state or federal law, statute, charter, ordinance, regulation,
code, franchise, permit, judgment or decree in accordance with state and federal law. A stronger, more
detailed "gross revenues" definition has been included to ensure maximum franchise fee payments to
the City regarding cable service. The language in the Complimentary Services section has been revised
and requires each franchise granted by the City to specify complimentary services as necessitated by
recent action of the Federal Communications Commission. The Report section has been revised to
allow the City to review a franchisee's books and records necessary to insure compliance with the
terms of a franchise agreement; the City the right to request and review maps; and enforcement by the
City if a franchisee does not comply with this section. Revisions were made to the franchise fee section
to reflect a 5% franchise fee paid to the City quarterly, 45 days after the close of each calendar quarter.
Revisions were also made to reflect the City's right to inspect the franchisee's records and to audit any
amounts due under the franchise, the ordinance and applicable law as well as language regarding
resolution of any disputes regarding audit results. The emergency alert section has been revised to
comply with changes in technology and applicable law, including federal regulations and any
Kentucky Emergency Management requirements. The section related to the Paducah Cable
Communications Authority has been deleted in its entirety as this entity no longer meets.
Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in
favor.
Meeting ended at approximately 6:07 p.m.
ADOPTED: January 14, 2020
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