HomeMy WebLinkAbout01/22/08375
JANUARY 22, 2008
At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 22,
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 Coleman, Kaler, Smith, Watkins
and Mayor Paxton (5).
PROCLAMATION
Mayor Paxton presented a proclamation to Al McKeown proclaiming January 27th
through February 2, 2008, as Catholic Schools Week.
SPOTLIGHT
Pam Spencer, Public Information Officer, spotlighted Jan Saxon of the Paducah Police
Department. Mrs. Saxon has been an employee of the Police Department for 18 years.
She works as the D.A.V.E. secretary and has always worked in the drug and vice
enforcement divisions of the department.
Ms. Spencer also mentioned that she will add to the spotlight section of the meeting
updates on downtown development. The City has installed a display case in the
Kentucky Oaks Mall that will house a copy of the City's Riverfront Development Plan.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
reading of the Minutes for January 8, 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 Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
RESOLUTION
SUPPORT CABLE AUTHORITY'S OPPOSITION TO COMCAST'S PETITION
TO BE EXEMPTED FROM FCC REGULATIONS
Mayor Paxton read the following resolution in full, and Commissioner Coleman
seconded,
WHEREAS, Comcast Cable has filed a petition with the Federal
Communications Commission to be relieved from the burden of
FCC Regulation, and
WHEREAS, Regulations that Comcast wants to avoid include:
• FCC Regulations that prohibit Comcast from forcing its
customers to subscribe to expanded basic services or some
level of digital cable service before a customer is permitted
to buy HBO or pay-per-view movies.
• FCC Regulations that require Comcast to maintain a low-
priced basic service tier.
• FCC Regulations that place limits on the charges that
Comcast can impose on customers for various changes in
service
• FCC Regulations that prohibit Comcast from imposing
negative option billing on its customers
• FCC Regulations that require Comcast to maintain a
uniform rate structure throughout the City of Paducah
franchise area, and
WHEREAS, Brian Grogan of the law firm of Moss and Barnett has advised the
City that if no action is taken, the Comcast petition to the FCC is
likely to be approved quickly and automatically, and
WHEREAS, the Data that Comcast is using to justify its petition is provided by
a market research, data collection and reporting firm, whose
information is not audited by the FCC and is not available to local
governments, and,
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JANUARY 22, 2008
WHEREAS, in order to protect Paducah cable subscribers from possible rate
increases, the Paducah Cable Authority has proposed to file a
response in opposition to Comcast's petition to the FCC.
NOW, THEREFORE, be it resolved that the Paducah City Commission endorses the
proposed action of the Cable Authority to file opposition to Comcast Cable
Communication's petition for exemption from FCC regulations.
Chairman of the Paducah Cable Communications Authority, Hardy Roberts, explained
the reason the City should oppose the filing that Comcast has made. If Comcast should
win, it will not have to follow any FCC regulations.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
following documents and bids be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) B H Green & Sons Inc.
(b) Hannan Supply Company Inc.
(c) Track Tech Inc.
2. Contracts/Agreements:
(a) Minter Roofing for a New Metal Roof System for Fire Station #5 of (2007-12-
7375)
(b) International Association of Fire Fighters Contract for 2008 through June 30,
2011 (2008-1-7379)
(c) McKeel Equipment for Renovation of Softball Infields at Stuart Nelson Park
(2007-10-7347)
(d) Central Paving Company for Equipment Rental through December 31, 2008
(2006-4-7100 and 2007-7-7307)
(e) Federal Materials Company for Concrete through December 31, 2008 (2006-
4-7102)
(f) Paducah Main Street for the Fagade Loan Program (2007-11-7362)
3. Notice of Called Meeting for January 18, 2008 for the Paducah Cable
Communications Authority Board
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES #1
Commissioner Smith offered motion, seconded by Commissioner Watkins, 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 Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
PERSONNEL CHANGES #2 -TERMINATION OF POLICE PATROL OFFICER
Commissioner Watkins 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)
City Manager Zumwalt gave his reasons for his recommendation of terminating Recruit
Officer Patterson.
J. W. Cleary and Gladman Humbles gave comments opposing the termination of the
recruit patrol officer.
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JANUARY 22, 2008
After much discussion the Mayor called for the vote.
Adopted on call of the roll, yeas, Commissioners Kaler, Smith, and Mayor Paxton (3).
Nays, Commissioners Coleman and Watkins (2).
AMEND PAYROLL CLASSIFICATION TABLE
Commissioner Coleman offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE
CLASSIFICATION/PAY SCHEDULE TABLE FOR THE FIRE DEPARTMENT," be
adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1361; BK 7; PG
AMEND SPENDING CREDIT MUNICIPAL ORDER
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING MUNICIPAL
ORDER NO. 1355 ENTITLED, "A MUNICIPAL ORDER ESTABLISHING A
POLICY FOR USE OF SPENDING CREDITS TOWARDS THE PURCHASE OF
CERTAIN BENEFITS SUCH AS HEALTH, DENTAL, OR VISION PURSUANT TO
THE CITY'S GROUP HEALTH INSURANCE PLAN," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1362; BK 7; PG
APPROVE 2008-2009 UNDERAGE DRINKING GRANT APPLICATION
Commissioner Smith offered motion, seconded by Commissioner Watkins, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2008-2009
UNDERAGE DRINKING ENFORCEMENT GRANT THROUGH THE KENTUCKY
STATE POLICE FOR USE BY THE POLICE DEPARTMENT," bea dopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1363; BK 7; PG
ACQUISITION OF PROPERTY FOR ACCESS ROAD TO BOAT RAMP
Commissioner Watkins offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE A DEED AND ALL DOCUMENTS NECESSARY FOR THE CITY OF
PADUCAH TO PURCHASE A STRIP OF LAND BEING 30' IN WIDTH WEST OF
AND ADJACENT TO BURNETT STREET BETWEEN NORTH SIXTH STREET
AND THE OHIO RIVER, PADUCAH-McCRACKEN COUNTY, KENTUCKY, IN
THE AMOUNT OF $7,000 FOR THE DEVELOPMENT OF THE BOAT LAUNCH
RAMP," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1364; BK 7; PG
ORDINANCE — EMERGENCY
COLUMBIA ROOF CHANGE ORDER
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
#1 WITH ATLAS ROOFING CONTRACTORS, INC., FOR REPLACEMENT OF THE
ROOF ON THE COLUMBIA THEATER." This ordinance is summarized as follows:
The Mayor is hereby authorized and directed to execute Change Order No. l for the
replacement of the roof for the Columbia Theater in the deduction amount of
$122,140.00 with Atlas Roofing Contractors, Inc., therefore, decreasing the original
contract amount of $228,000 to $105,860.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.92008-1-7383; BK 31; PG
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JANUARY 22, 2008
ORDINANCES — ADOPTION
APPROVE INSURANCE PREMIUMS FROM KLC
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE PROPOSAL OF KENTUCKY LEAGUE OF CITIES FOR WORKERS'
COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE
COVERAGE FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows:
The City accepts the proposal of Kentucky League of Cities in the total amount of
$1,032,868.00 for Workers' Compensation, Liability Insurance, and Property Insurance
Coverage for the City of Paducah for Fiscal Year ending June 30, 2008.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7384; BK 31; PG
OLIVET CHURCH ROAD RIGHT OF WAY ACQUISTION FOR PORTION OF
SEARS PROPERTY AT 5101 HINKELVILLE ROAD
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ALL DOCUMENTS
NECESSARY FOR ACQUISITION OF REAL PROPERTY LOCATED AT 5101
HINKLEVILLE ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT
PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized
to execute a Quitclaim Deed and all documents relating to same, with Sears, Roebuck,
and Company, for acquisition of real property located at 5101 Hinkleville Road as right
of way for the Olivet Church Road Improvement Project, for and in consideration of
$120,000.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7385; BK 31; PG
APPROVE MEMORANDUM OF UNDERSTANDING WITH ARGENTINE
GRILL
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF
UNDERSTANDING AMONG THE CITY OF PADUCAH, KENTUCKY, AND
NUNEZ NORTE, LLC, ET AL., WITH RESPECT TO A PRIVATE PROJECT AND
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO
SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as
follows: The City hereby approves the Memorandum of Understanding between the City
and Nunez Norte, LLC, ET AL, to defray the costs of the acquisition, renovation,
redevelopment, installation, and equipping of the property being located in downtown
Paducah; authorizes a loan for economic incentive of $25,000; and authorizes the Mayor
to execute said Memorandum of Understanding and all other documents necessary to
complete the transaction.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7386; BK 31; PG
ACCEPT 2007 KLC SAFETY GRANT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL
DOCUMENTS NECESSARY TO OBTAIN A 2007 SAFETY GRANT FROM THE
KENTUCKY LEAGUE OF CITIES." This ordinance is summarized as follows: The
Mayor is hereby authorized to execute an agreement and all documents necessary to
obtain a 2007 safety grant award in the amount of $2,398.00 from the Kentucky League
of Cities for the purchase of one in -car digital camera. The required match of $2,397.00
will be provided from the Police Department's current budget.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7387; BK 31; PG
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JANUARY 22, 2008
APPROVE DEPARTMENT HEAD RESIDENCY REQUIREMENTS
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioner adopt an ordinance entitled, "AN ORDINANCE CREATING
SECTION 2-213 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH AND RELATING TO RESIDENCY REQUIREMENTS BY CITY
DEPARTMENT HEADS." This ordinance is summarized as follows: The City of
Paducah hereby requires all department heads set forth in Section 2-213 of the Paducah
Code of Ordinances including City Manager, City Clerk and Building Inspector to live
within the city limits as a condition of continued employment, except where the
employee is grandfathered, or is granted an emergency and/or hardship exemption for a
reasonable period of time by the City Manager. All department heads who reside outside
the city limits as of the date of this ordinance shall be permanently grand -fathered out of,
or exempt from, the requirements of this rule.
LOST on call of the roll, nays, Commissioner Kaler, Watkins and Mayor Paxton (3).
Yeas, Commissioner Smith (1). Abstain, Commissioner Coleman (1).
APPROVE REVISED SEWER USE ORDINANCE AS APPROVED AS PART OF
JSA CONSENT DECREE
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
ABOLISHING AND RECREATING SECTIONS 31 THROUGH 237, OF ARTICLE
II, SEWERS OF CHAPTER 114, "UTILITIES" OF THE CODE OF ORDINANCES
OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as
follows:
Chapter 114, Article II, Section 114-51 through Section 114-240, of City of Paducah Code of
Ordinances currently contains a sewer use ordinance. The ordinance is outdated by virtue of the
creation of JSA and as a result of an order entered by the Franklin Circuit Court in Civil Action
07 -CI -1252, which order is binding on JSA. This ordinance abolishes the current sewer use
ordinance in its entirety and adopts a new sewer use ordinance which allows enforcement of the
same by JSA. The new sewer use ordinance mandates the use of public sewers where available,
sets forth the terms and conditions for use of JSA's system, details the permits necessary for use
of the system, conditions under which sewer usage may be terminated, inspections of users'
property as it may relate to the JSA system, and the remedies and penalties for violation of the
sewer use ordinance.
Further, this ordinance provides for both civil and criminal fees and penalties. The fees and/or
penalties provided by the ordinance are as follows:
Division 7. Fees.
Section 114-191. Purpose.
This article provides for the recovery of costs from users of the POTW for the matters
covered by this ordinance. The applicable charges or fees shall be set forth in the JSA's
Schedule of Rates and Charges, as amended from time to time by the JSA.
Section 114-192. Sewer Service Charges.
(a) The sewer service charge for normal strength sewage is based on the water
discharged to the sewer system as measured by the public water supply meter(s).
The basic sewer service charge shall be determined upon the metered flow and at
rates as provided by the JSA's fee schedule approved by resolution of the Board
of Directors.
(b) Tap -on and Capacity Fees will be charged per Equivalent Residential Unit (ERU)
according to the Schedule of Rates and Charges. Replacement service Tap -On
Fees and
Capacity Fees will be calculated on the difference in ERU's between the prior and
upgraded development. At no time shall a refund be payable as a result of a
decrease in ERU's.
(c) A lateral connection fee will be charged for a new service that requires the
construction of a lateral connection from the sewer main to the right-of-way line
or easement line where none exists or where a relocation is required by the JSA.
The fee recovers construction expenses from the benefiting property owner(s).
(d) Wells or sources of water supply other than municipal water supplies shall be
registered in writing to the Executive Director, giving name of individuals or firm,
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JANUARY 22, 2008
address, source and amount of water supply other than that from the public water
supplies, together with a sketch to a scale showing plan of property, water
distribution system, sewer layout and existing meters. All sources of water that
enter the sewer system shall be properly metered and subject to the sewer service
charge.
(e) Any customer who is found to be connected to the sewer system but has not been
billed shall be billed back one (1) year from time the connection is discovered.
Section 114-193. Payment for Services.
(a) The sewer service charges are billed and collected by the JSA and for the JSA by
its assigned billing and collection agents (Paducah Water and Hendron Water
District).
(b) Bills not paid by the payment due date will be considered delinquent. A penalty,
according to the policies of JSA's assigned agents (Paducah Water and Hendron
Water District) shall be added to those not paid by the payment due date.
(c) Failure of any user to pay for services rendered shall subject the said user to the
water shutoff policies of JSA's assigned agents (Paducah Water and Hendron
Water District).
(d) The JSA shall suspend wastewater treatment service to the user for failure to pay
for services when required by the Executive Director. Reconnection of sewer
service shall be charged according to the rate schedule for lateral connection fees.
Section 114-194. Pretreatment and Other Charges and Fees.
(a) The JSA may adopt charges and fees which may include:
1. Fees for reimbursement of costs of setting up and operating the JSA's
pretreatment program;
2. Fees for monitoring, inspections, and surveillance procedures;
3. Fees for reviewing accidental discharge procedures and construction;
4. Fees for inspection of pretreatment and/or monitoring devices;
Fees for pretreatment and wastewater permit applications;
6. Fees for filing appeals;
7. Fees for consistent removal by the POTW of excessive strength
conventional pollutants; and
Other fees as the JSA may deem necessary to carry out the requirements
contained herein.
Section 114-233. Penalties.
(a.) Any person who violates any provision of this ordinance or any permit condition
or who violates any cease and desist order, prohibition, effluent limitation, or
pretreatment or toxicity standard, may be liable for a court ordered civil penalty
not to exceed one thousand dollars ($1,000.00) per violation. Each day in
which a violation occurs shall constitute a separate offense. In addition to the fine
imposed pursuant to this section, the JSA may recover its attorney fees, related
court costs, and other expenses associated with the enforcement action.
(b) Any such penalty imposed shall not be construed as liquidated damages and shall
accrue in addition to any liability for any consequential damages resulting from
the violation for which the penalty is imposed.
Section 114-236. Cost Recovery.
The judicial process can be used by the JSA to recover the cost associated with
noncompliant acts of a user. These costs may be due to actual physical damage to the
treatment works or collection system, personal injury to JSA personnel, damage to the
environment, or other related costs such as increased testing/monitoring.
Section 114-238. Falsifying Information or Data.
Any person who knowingly makes any false statement, representation or certification in
any application, record, report, plan or other document filed or required to be maintained
pursuant to this Ordinance or wastewater treatment discharge permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device or method required
under this Ordinance, shall be guilty of a Class A Misdemeanor punishable by a fine, not
to exceed five hundred dollars ($500.00), or by imprisonment for a period not to exceed
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JANUARY 22, 2008
twelve (12) months, or by both. Each day a violation continue shall constitute a separate
offense.
Section 114-239. Violations.
Any person who willfully or negligently violates any provision of this Ordinance or any
orders or permits issued hereunder shall be guilty of a Class A misdemeanor, punishable
by a fine not to exceed five hundred dollars ($500.00) per violation per day, or by
imprisonment for a period not to exceed twelve (12) months or by both. Each day a
violation continues shall constitute a separate offense.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7389; BK 31; PG
APPROVE AIRPORT SUBSIDY
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH BARKLEY
REGIONAL AIRPORT FOR CONTRACT FOR SERVICES." This ordinance is
summarized as follows: That the Mayor is hereby authorized and directed to execute a
contract with Barkley Regional Airport in the amount of $19,000 for six months, totaling
$114,000, to provide general aviation and air carrier services to the citizens of
McCracken County. This contract shall expire June 30, 2008.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-1-7390; BK 31; PG
ORDINANCES — INTRODUCTION
RIGHT OF WAY ACQUISITION & UTILITY EASEMENT AT 3445 OLIVET
CHURCH ROAD
Commissioner Coleman offered motion, seconded by Commissioner Kaler that the Board
of Commissioners introduce 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.
RIGHT OF WAY ACQUISTION & UTILITY EASEMENT AT 3536 OLIVET
CHURCH ROAD
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce 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 inconsideration of $22,000.
AMEND ZONING ORDINANCE FOR SIGNS
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING
SECTIONS 126-76, (C), (D), (E), AND (G), SIGN REGULATIONS, OF CHAPTER
126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY." This ordinance is summarized as follows: That Section 126-76 Sign
Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby amended as follows: Section 126-76 (c)(4) by not allowing
electronic message signs or changing signs within the public right-of-way except when
being used by a governmental agency; amend Section 126-76(d)(4)(c) to only allow two
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JANUARY 22, 2008
signs per property; amend Section 126-76(e)(2) to not allow vehicles with signs attached
to be used as a portable sign; and amend Section 126-76(g)(5)(a)and (b) to allow only
one free standing business sign on any lot in R-4 zones and allowing wall signs provided
the sign does not exceed 20 percent of the square footage of the face of the building,
structure or face of tenant or lessee space and may be lighted but does not allow for signs
on any portion of the roof that encloses any building.
APPROVE MEMORANDUM OF UNDERSTANDING FOR HOOPERS
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY
OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PADUCAH, KENTUCKY,
FREEDOM CAPITAL, INC., (BUYER) AND DEAN E. CHERRY AND L. CRAIG
SIMS (GUARANTORS), WITH RESPECT TO A PRIVATE PROJECT AND
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO
SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as
follows: The City hereby approves the Memorandum of Understanding between the
City, Freedom Capital, Inc., Dean E. Cherry and L. Craig Sims to defray the costs of the
acquisition, renovation, redevelopment, installation, and equipping of the property being
located in downtown Paducah; authorizes an Advertising Grant in the amount of $5,000
through Paducah MainStreet; authorizes a Purchase Money Loan to Buyer in the amount
of $320,000 and authorizes the Mayor to execute said Memorandum of Understanding
and all other documents necessary to complete the transaction.
APPROVE CONTRACT WITH FINANCIAL ANALYST FOR THE TAX
INCREMENT FINANCING DISTRICT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN
ENGINEERING SERVICE CONTRACT WITH C. H. JOHNSON CONSULTING, INC.
FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE TAX INCREMENT
FINANCING DISTRICT IMPLEMENTATION". This ordinance is summarized as
follows: That the Mayor of the City of Paducah is hereby authorized and directed to
execute an Engagement Letter with C. H. Johnson Consulting, Inc., in the amount of
$56,500.00 for professional services associated with the Tax Increment Financing District
Implementation and completion of Task 1 and Task 2 as outlined in the Engagement
Letter dated December 6, 2007.
CITY MANAGER REPORT
• Thank you to Cindy Medford and Laurie Blount for their efforts in making the
United Way fundraiser a success. The City was recognized as being the "best
governmental campaign".
• Calendar items
Request executive session for economic development
PUBLIC COMMENTS
Mike Johnston, resident of 619 North 7th Street, voiced his concern about the noise
emitted from the semi -trailer trucks using 7th Street (because trucks are not using the
designated truck route) and for the noise and vibration from the trucks using "Jake"
brakes. He requested the City adopt an ordinance against the use of the 'Jake" brakes.
COMMISSIONER CONCERNS
Comm. Watkins had an area business owner request the City look into flooding in the
area of 21St Street and Mayfield Road. The owner wants the City to build a "holding
area" so during an excessive downpour of rain the water will have somewhere to go
instead of flooding businesses in the area.
EXECUTIVE SESSION
Commissioner Kaler offered motion, seconded by Commissioner Coleman, 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).
JANUARY 22, 2008
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5).
Upon motion the meeting adjourned.
ADOPTED: February 26 , 2008
City Clerk
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