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HomeMy WebLinkAbout02/26/08390 FEBRUARY 26, 2008 At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 26, 2008, at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). Commissioner Coleman was absent (1). PRESENTATION HUMAN RIGHTS COMMISSION "2ND ANNUAL EVENING OF PERFORMANCE" Mary Thorsby and Berniece Belt of the Human Rights Commission announced that the "2nd Annual Evening of Performance" will be May 30, 2008, at the Luther F. Carson Center. This event is to celebrate the many talents of Paducah and will consist of singers, musicians, dancers, poets, and other entertainers. SPOTLIGHT RIVERFRONT DEVELOPMENT Rick Murphy, City Engineer, met with the project manager of JJR and reviewed the Riverfront Development Phase I plan. The memorandum of understanding has been executed and work will begin soon. Phase I entails the transient boat dock and the Schultz Park renovation. FLOODWALL OPERATIONS AND OPERATORS Pam Spencer, Public Information Officer, spotlighted floodwall operations and operators of the Floodwall Division/Engineering Department. There are 4 full-time operators that maintain up to 12.2 miles of floodwall--9.2 mile of earthen levee and 3 miles of concrete floodwall. During times of high water up to 30 temporary pump plant operators may be utilized. River levels as far as Pittsburgh are monitored every day. MINUTES Commissioner Kaler offered motion, seconded by Commissioner Smith, that the reading of the Minutes for January 15th, January 22"d , February 5th, and February 19th, 2008, be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). APPOINTMENTS BROOKS STADIUM COMMISSION Mayor Paxton made the following appointment and reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby make the following reappointments as members of the Brooks Stadium Commission: Carol Brooks and Howard Finley — terms expire December 5, 2008 Commissioner Buz Smith — term will expire December 31, 2008 Greg McKeel and Dr. Frank Hideg — terms expire December 5, 2009 Don Dixon — term will expire December 5, 2010 Leo Green — term will expire December 5, 2011; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Bill Pinkston as a member of the Brooks Stadium Commission to replace Coy Stacey. This term will expire December 5, 2011." Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the recommendations of Mayor Paxton in reappointing Carol Brooks, Howard Finley, Commissioner Buz Smith, Greg McKeel, Dr. Frank Hideg, Don Dixon and Leo Green and appointing Bill Pinkston as members of the Brooks Stadium Commission. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). PADUCAH-MCCRACKEN COUNTY URBAN RENEWAL & COMMUNITY DEVELOPMENT AGENCY Mayor Paxton made the following reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Buford Wilson and Valerie Pollard to the Paducah -McCracken County Urban Renewal and Community Development Agency. These terms will expire February 23, 2012." 391 FEBRUARY 26, 2008 Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Buford Wilson and Valerie Pollard as members of the Paducah -McCracken County Urban Renewal and Community Development Agency. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Watkins offered motion, seconded by Commissioner Smith, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Central Paving Company of Paducah (b) D & D Construction of Paducah (c) Wilkins Construction Company Inc. (General Liability & Concrete Program) Rider Changing Amount of Bond (a) Ivitts Plumbing Contractors Inc. 2. Contracts/Agreements: (a) Barkley Regional Airport for Specific Services (2008-1-7390) (b) Change Order #1 for Columbia/Arcade Roof (2008-1-7383) (c) Change Order #1 for Chamber of Commerce HVAC Replacement (2008-1- 7380) (d) McKeel Equipment Company for Purchase of 4 x 4 Utility Vehicles (2008-1- 7382) (e) West Kentucky Community & Technical College, Paducah Junior College for Operation of the Governmental Access Channel (2007-11-7367) (f) Municipal Equipment for Purchase of a Sub Compact Sweeper (2008-1-7381) (g) McCracken County Interlocal Cooperation Agreement with Amendments for 911 Emergency Communication Services (2007-11-7368) (h) Transient Dock and Schultz Park Memorandum of Understanding with JJR (M.O. 1366) (i) Kentucky League of Cities Insurance Services 2007-2008 Safety Grant Award Notice (2008-1-7387) (j) Nunez Norte, LLC for Economic Incentives (2008-1-7386) (k) C. H. Johnson Consulting, Inc. for Assistance with the Tax Increment Financing District (2008-2-7392) Deeds: (a) 626 Burnett Street (M.O. 1331) (b) Peck Property on the South Side of Cairo Road (1999-12-6142) (c) 5101 Hinkleville Road Parcel # 07 (2008-1-7385) (d) 5145 Hinkleville Road (2007-12-7373) (e) 3485 Olivet Church Road (2007-10-7344) (f) 3510 Olivet Church Road (2007-11-7357) (g) 3520 Olivet Church Road (M.O. 1329) (h) 3535 Olivet Church Road (M.O. 1330) (i) 3528 Olivet Church Road (M.O. 1318) 0) 5250 Enterprise Drive (M.O. 1320) (k) 5245 Enterprise Drive (M.O. 1319) (1) 3550 Olivet Church Road (2007-11-7358) (m) 3235 Olivet Church Road (M.O. 1353) 3. Paducah -McCracken County Convention & Visitors Bureau Financial Statements for the Year Ended June 30, 2007 4. Housing Authority of Paducah Financial Statements for the Year Ended March 31, 2007 5. Barkley Regional Airport Authority Financial Statements for the Year Ended June 30, 2007 392 FEBRUARY 26, 2008 6. Paducah -McCracken County Convention Center Corporation Financial Statements for the Year Ended June 30, 2007 7. Paducah Water Financial Statements for November and December, 2007 8. Notice of Cancellation of the Meeting for the Board of Commissioners for February 12, 2008 9. City of Paducah, KY Comprehensive Annual Financial Report for Year ended June 30, 2007 BIDS PUBLIC WORKS DEPARTMENT COMPOST YARD WASTE & DEBRIS GRINDING SERVICES 1. EWR/Simply Mulch 2. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Kaler offered motion, seconded by Commissioner Smith, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (44). REVISE PAYROLL CLASSIFICATION TABLE AND TABLE 3 -PAY RANGES Commissioner Smith offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE CLASSIFICAITON/PAY SCHEDULE TABLE AND TABLE 3 -PAY RANGES, FOR THE EMPLOYEES OF THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). M.O.#1367; BK 7; PG APPROVE APPLICATION FOR 2008 LAND AND WATERCONSERVATION FUND GRANT FOR BALCKBURN COMMUNITY PARK IMPROVEMENT PROJECT Commissioner Watkins offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2008 LAND AND WATER CONSERVATION FUND GRANT IN THE AMOUNT OF $76,000.00, THROUGH THE KENTUCKY GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR THE BLACKBURN COMMUNITY PARK IMPROVEMENT PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). M.O.#1368; BK 7; PG APPROVE TRANSFER OF FUNDS TO FULFILL AGREEMENT WITH MERRYMAN HOUSE Commissioner Kaler offered motion, seconded by Commissioner Smith, that a Municipal Order that the Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $55,000.00 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE MERRYMAN HOUSE PROJECT ACCOUNT," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). M.O.#1369; BK 7; PG ORDINANCE — EMERGENCY COMPOST GRINDING CONTRACT Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE 393 FEBRUARY 26, 2008 ACCEPTING THE BID OF EWR/SIMPLY MULCH FOR THE CITY'S REQUIREMENT OF GRINDING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a contract with EWR/Simply Mulch for the City's requirement of grinding services in the amount of $500.00 per hour for a term of one year and contains an option to renew at the same terms for three additional one-year periods. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD. #2008-2-7394; BK 31; PG ORDINACES - ADOPTION RIGHT OF WAY ACQUISITION & UTILITY EASEMENT AT 3445 OLIVET CHURCH ROAD Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF REAL PROPERTY LOCATED AT 3445 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance and all documents relating to same, with Anna Pearl Price for acquisition of a portion of real property located at 3445 Olivet Church Road as right of way and permanent public utility easements for the Olivet Church Road Improvement Project, for and in consideration of $96,000. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-2-7395; BK 31; PG RIGHT OF WAY ACQUISTION & UTILITY EASEMENT AT 3536 OLIVET CHURCH ROAD Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF A PORTION OF REAL PROPERTY LOCATED AT 3536 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Deed of Conveyance and all documents relating to same, with Matthew D. Goodacre and Kathy S. Goodacre for acquisition of a portion of real property located at 3536 Olivet Church Road as right of way and a permanent public utility easement for the Olivet Church Road Improvement Project, for and in consideration of $22,000. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-2-7396; BK 31; PG ORDINANCES — INTRODUCTION REVISION TO INTERLOCAL AGREEMENT FOR E-911 SERVICES Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH AMENDMENTS INCORPORATED BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR 911 EMERGENCY COMMUNICATIONS SERVICES." This ordinance is summarized as follows: That the Mayor is authorized to execute an Interlocal Cooperation Agreement with Amendments Incorporated between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, for 911 Emergency Communications Service. The amendment provides for the appointment of the McCracken County Jailer to serve on the Paducah - McCracken County Emergency Communication Service Board due to federal policy prohibiting agents of the local Alcohol Tobacco and Firearms office from serving on the Board. 394 FEBRUARY 26, 2008 AMEND ZONING ORDINANCE FOR OFF-STREET PARKING REGULATIONS Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-71, OFF-STREET PARKING AND LOADING AREAS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-71, Off -Street Parking and Loading Areas, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to reduce the size of a parking spaces from 10 x 20 ft. to 10 x 18 ft. and to establish new parking regulations for Retail Stores and Shopping Centers. APPROVE CONSULTANT CONTRACT FOR HEALTH INSURANCE SERVICES Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH MID - AMERICA AGENCY SERVICES, INC., TO PROVIDE CONSULTING SERVICES REGARDING THE CITY OF PADUCAH' S HEALTH INSURANCE". This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a contract with Mid-America Agency Services, Inc., in the amount of $60,000.00 for consulting services on issues pertaining to the administration of the City of Paducah's health insurance for 2008. An additional fee of $150 per hour, subject to a minimum retainer of $3,000.00, will be charged for services requested by the City or the City's legal counsel. RESCIND ORDINANCE FOR TRANSFER OF PROPERTY TO WILLIAM CLARK MARKET HOUSE MUSEUM Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners of the City of Paducah introduce an ordinance entitled, "AN ORDINANCE RESCINDING ORDINANCE NO. 2006-11-7214 AND AUTHORIZING AND APPROVING THE TERMINATION OF AN OPTION TO PURCHASE HELD IN FAVOR OF THE WILLIAM CLARK MARKET HOUSE MUSEUM TO MUNICIPALLY OWNED PROPERTY LOCATED AT SOUTH 2ND STREET AND KENTUCKY AVENUE." This ordinance is summarized as follows: On September 3, 1996, City and the William Clark Market House Museum (the "Museum") did execute and enter into an Option to Purchase the 2nd and Kentucky Property (the "Option to Purchase") for the construction of a new museum building (the "Project"). By mutually agreement City and the Museum agreed to relocate the Project to an alternative site also owned by City and located at South Second Street and Adams Street, Paducah, Kentucky, (the "2nd and Adams Property"). By Ordinance No. 2006-11-7214, adopted November 28, 2006, the City authorized and approved the termination and cancellation of the Option to Purchase as to the 2nd and Kentucky Property and declaring the 2nd and Adams Property to be surplus property and approving the sale of the 2nd and Adams Property to the Museum. Prior to the consummation of the transactions approved and authorized by Ordinance No. 2006-11-7214, the Museum acquired another alternate site for the Project, and subsequently City and the Museum mutually agreed to terminate and cancel the Option to Purchase as to the 2nd and Kentucky Property and the previously approved sale of the 2nd and Adams Property. This ordinance rescinds in its entirety Ordinance 2006- 11-7214, adopted on November 28, 2006, and authorizes and approves the termination and cancellation of the Option to Purchase and authorizes the Mayor to execute same. CLOSURE OF A PORTION OF A 30' ALLEY LOCATED IN BLOCK 69 LOCATED NORTH OF 8 T STREET AND EAST OF NORTHVIEW STREET Commissioner Watkins offered motion, seconded by Commissioner Smith, that that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A 30' ALLEY LOCATED IN BLOCK 69 NORTH OF 8TH STREET AND EAST OF NORTHVIEW STREET." This ordinance is summarized as follows: That the City of Paducah does hereby authorize the closing of a portion of a 30'alley located in Block 69 north of 8ffi Street and east of Northview Street, and further, authorizes, empowers, and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. 395 FEBRUARY 26, 2008 ACCEPT GRANT AWARD FOR 2008-2009 UNDERAGE DRINKING ENFORCEMENT GRANT Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY STATE POLICE FOR A 2008-2009 UNDERAGE DRINKING ENFORCEMENT GRANT AWARD". This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Grant Agreement and all documents relating thereto with the Kentucky State Police for a 2008-2009 Underage Drinking Enforcement Grant award in the amount of $15,700.00 for advertising, equipment purchases, and man-hours for the educational and enforcement components of underage drinking enforcement. This program will reimburse 100% of approved expenses and does not require any local cash or in-kind match. CITY MANAGER REPORT • Steve Doolittle, Acting City Manager, reported City Manager Zumwalt recommended appointing Steve Ervin as Interim Planning Director PUBLIC COMMENTS Dr. Daniel Everett, business owner at 3205 Central Avenue, and Dr. Kelly Estes, business owner of 3217 Central Avenue, voiced their opposition to the proposed use of the former DES building on North 32"d Street being used as a recycling drop-off location facility. Mayor Paxton requested an executive session to discuss a business proposal. EXECUTIVE SESSION Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board 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). i Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins and Mayor Paxton (4). Upon motion the meeting adjourned. ADOPTED: March 11 , 2008 City Clerk