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HomeMy WebLinkAbout04-13-2021April 13, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, April 13, 2021, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). INVOCATION: Commissioner Gault led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge., MAYOR'S REMARKS Mayor Bray reflected on his first 100 days in office. PROCLAMATION Mayor Bray presented a proclamation to Amberly Haverstock, Community Impact Director with Lotus, proclaiming April as Sexual Assault Awareness and Prevention Month. PRESENTATIONS Communications Manager, Pam Spencer, offered the following summary: Community Scholarship Program Presentation "West Kentucky Community & Technical College President Dr. Anton Reece and Vice President of Institutional Advancement Lee Emmons provided an update on the Community Scholarship Program and thanked the City for its funding support since fiscal year 2011. Annually, the City provides $125,000 toward the program which was launched to increase the number of high school graduates, increase the number of citizens with post -secondary education, and improve the quality and skill level of our regional workforce. Emmons said, "Education is an investment in the future of our community." So far, more than 1800 students have benefited from the program. The Program motivates students to graduate high school and pursue a higher education by providing each Paducah and McCracken County high school graduate with a two-year tuition scholarship to West Kentucky Community & Technical College provided that each student register for the program, maintain a minimum grade point average and attendance record, and not have major disciplinary problems. The program also receives funds from McCracken County, the Rotary Club of Paducah, Paducah Junior College, Inc., Paducah Power System, and numerous private sources." CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for March 23 and March 30, 2021, Paducah Board of Commissioners Meetings I(B) Receive & File Documents Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners of the City of Paducah — March 30, 2021 Deed File: April 13, 2021 Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). 1. Deed of Conveyance — Shaw to City of Paducah — 729 South 13th Street MO #2404 2. Deed of Conveyance — Darnell to City of Paducah — 540 Locust Drive MO #2433 3. Deed of Conveyance— Embry and Hayes to City of Paducah— 1256 South Sixth Street — MO 42434 Contract File: 1. Purchase of Solid Waste Dumpsters from Municipal Equipment, Inc. — State Contract — MO #2381 2. Commonwealth of Kentucky — Historic Preservation Grant $22,500 — MO #2441 3. Purchase of 2021 Ford Transit Van for Paducah Police Department — State Contract - MO #2446 4. Interlocal Cooperation Agreement — City of Paducah, McCracken County, Paducah -McCracken County Industrial Development Authority and GPED — ORD 2020-12-8664 5. Agreement Between the City of Paducah and AFSCME Local 1586 — ORD 2021-03-8680 6. GovHR USA — Recruitment Proposal — City Manager Search — CM Signed 7. Moran Environmental Recovery (MER Commercial Diving Division) — Riverfront Soundings — 2021 — Signed by Rick Murphy Financials File: 1. Paducah Water Works — February, 2021 2. GPEDC — Financial Statements — Years Ended June 30, 2020 and 2019 Bids File: 1. Street Resurfacing Program 2021-2022 — Jim Smith Contracting ORD 2021-03-8679 I(C) Personnel Actions I(D) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 514 MARTON STREET TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE IN THE DEED OF CONVEYANCE FOR SAME (MO #2447; BK 11) I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A 2021 MATCHING INSURANCE SERVICES SAFETY GRANT IN THE AMOUNT OF $3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES FOR REIMBURSEMENT FOR PRIOR APPROVED ITEMS/EQUIPMENT THAT WILL REDUCE WORKERS' COMPENSATION EXPOSURES, ACCEPTING ANY GRANT FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2448; BK 11) I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR FUNDS IN THE AMOUNT OF $93,975, FOR PURCHASE OF AN X- RAY SYSTEM FOR THE PADUCAH POLICE DEPARTMENT BOMB SQUAD, TO EXECUTE THE KENTUCKY PROCUREMENT POLICY AND ALL OTHER DOCUMENTS WHICH ARE DEEMED NECESSARY BY KOHS (MO 92449; BK 11) Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). April 13, 2021 MUNICIPAL ORDERS EMPLOYMENT AGREEMENT WITH NICHOLAS HUTCHISON FOR DIRECTOR OF PLANNING Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND NICHOLAS HUTCHISON FOR EMPLOYMENT AS DIRECTOR OF PLANNING AND AUTHORIZING THE MAYOR TO EXECUTE SAME." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2450; BK 11) UTILITY ASSISTANCE GRANT THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CARONAVIRUS RESPONSE PROGRAM IN THE AMOUNT OF $200,000 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A 2021 CDBG CORONAVIRUS RECOVERY KENTUCKY GRANT IN AN AMOUNT UP TO $200,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR OVERDUE UTILITY BILLS ASSISTANCE AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2451; BK 11) ORDINANCE EMERGENCY BUSINESS LICENSE DEADLINE EXTENDED TO MAY 17, 2021 Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING A GROSS RECEIPT TAX EXTENSION FOR CALENDAR YEAR FILERS AND DECLARING AN EMERGENCY TO EXIST." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to extend the filing deadline of the annual Gross Receipts License Tax (Business License Tax) as outlined in Section 106-61 through 106-160 of the Code of Ordinances of the City of Paducah, Kentucky, to May 17, 2021, for calendar year filers. The deadline of May 17, 2021, is the same time established by the Internal Revenue Service and the Commonwealth of Kentucky. The Finance Director shall ensure the tax relief provisions set forth in this Ordinance are effectuated. All persons to which said extension applies must file appropriate forms and pay their gross receipts license tax by May 17, 2021, to avoid penalties and interest. Penalties and interest will begin to accrue on any remaining unpaid balances as of May 18, 2021. Further, pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist due to the need to mitigate the local economic effects of the COVID-19 pandemic by adopting an ordinance before the deadline of April 15, 2021. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-04-8681; BK 36) ORDINANCE ADOPTION AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH STRAND ASSOCIATES Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES RELATED TO STORMWATER ASSISTANCE." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute Amendment No. 1 to the Agreement with Strand Associates, Inc. for professional services related to Stormwater April 13, 2021 assistance. Said Amendment increases the agreement by $49,000.00 for a total Agreement amount of $74,000.00. This expenditure shall be charged to the MAP Fund- Construction Materials/Storm Sewer Account. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-03-8682; BK 36) ZONING TEXT AMENDMENT OF SECTION 126-87 MOBILE FOOD VEHICLES Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO MOBILE FOOD VEHICLES." This Ordinance is summarized as follows: This ordinance amends Section 126-87 Mobile Food Vehicles of the Paducah Code of Ordinances to clarify exemptions for mobile food vehicles under the zoning ordinance. Specifically, mobile food vehicles operating under a special event permit or permanent mobile food vehicles are exempted from this section of the zoning ordinance. Further, this ordinance adds coffee trucks that move from place -to -place and are stationary in the same location for no more than ten (10) minutes at a time to the exemptions. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-03-8683; BK 36) ZONING TEXT AMENDMENT OF SECTION 126-115 HISTORICAL ZONES, H-1 AND H-2 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO HISTORICAL ZONES." This Ordinance is summarized as follows: This ordinance amends Section 126-115 Historical Zones, H-1 & H-2 of the Paducah Code of Ordinances to standardize verbiage, remove screening requirements in the H-1 Zone, allow multi -family dwellings as conditional uses in the H-2 Zone, protect the existing historic housing stock by now allowing further subdivisions of single- family and two-family structures, remove redundant principal permitted uses, standardize and label dimensional requirements to reflect how they appear in other zones, enumerate standards for historical integrity that were intended to be stand-alone standards and remove the requirement for mandatory informal meetings with petitioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-03-8684; BK 36) APPLICATION - ENTERTAINMENT DESTINATION CENTER IN DOWNTOWN PADUCAH Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board introduce an Ordinance entitled, "AN ORDINANCE ESTABLISHING AN ENTERTAINMENT DESTINATION CENTER IN THE DOWNTON OF PADUCAH AND FURTHER DIRECTING THE CITY OF PADUCAH TO APPLY FOR AN ENTERTAINMENT DESTINATION CENTER LICENSE FROM THE COMMONWELATH OF KENTUCKY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND FURTHER ESTABLISHING THE REQUIREMENTS FOR LICENSEES TO SELL ALCOHOLIC BEVERAGES WITHIN THE ENTERTAINMENT DESTINATION CENTER." This Ordinance is summarized as follows: This ordinance creates new articles in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances to define the geographic boundary of a new Entertainment Destination Center in downtown Paducah and authorizes the City of Paducah to apply to the Commonwealth of Kentucky Department of Alcoholic Beverage Control for an Entertainment Destination Center license. Further the ordinance outlines the participation requirements for alcoholic beverage licensees located within the EDC boundary. Pursuant to KRS 83A.060(9)(c), the following full text shall be published: Anew section shall be created in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances which shall be titled "EDC Fees" and to state as follows: April 13, 2021 (a) All ABC licensees participating in the EDC shall be required to pay a yearly fee to City of Two Hundred Fifty Dollars and no/100 ($250.00). This payment shall be due and payable on or before July 15 of each year. BUILD GRANT ENVIRONMENT ASSESSMENT — CHANGE ORDER #1 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $12,200 FOR THE BUILD GRANT ENVIRONMENTAL ASSESSMENT." This Ordinance is summarized as follows: This ordinance authorizes the execution of Change Order No. 1 with BFW Engineering & Testing, Inc., for an increase in the amount of $12,200 and a new total contract cost of $262,200 related to the BUILD Grant Environmental Assessment. This Change Order allows for BFW Engineering & Testing, Inc. to engage the services of a third party to provide mussel surveys along the shoreline as part of the US Fish and Wildlife Services analysis of the impacts of the proposed project. APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $154,000 Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board introduce an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 11 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re -appropriations: Transfer $154,000 from the Debt Service Fund Reserve to the Investment Fund IDA Account. APPROVE AMENDMENT TO SEC. 2-142 OF THE CODE OF ORDINANCE — TIME OF REGULAR COMMISSION MEETINGS Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board introduce an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2020-6- 8641, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re -appropriations: Transfer $154,000 from the Debt Service Fund Reserve to the Investment Fund IDA Account. CITY MANAGER COMMENTS • The FY2022 Budget Process is under way. Commissioner Gault offered motion, seconded by Commissioner Henderson, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topic: ➢ A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Henderson offered motion, seconded by Commissioner Guess, that the Paducah Board of Commissioners reconvene in open session. April 13, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) TIME ADJOURNED: 7:43 p.m. ADOPTED: April 27, 2021 ATTE T: PCOIA say Parish, C' Clerk tsray, mayor