HomeMy WebLinkAbout10/23/07325
OCTOBER 23, 2007
At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 23,
2007, 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 and
Mayor Paxton (4). Commissioner Watkins arrived late (1).
PRESENTATION
VETERAN'S DAY PARADE COMMITTEE "THANK YOU TO COMMISSION"
Laurie Blount, Parks Services Department, introduced Ted Pace, Chairman of the
Committee. Mr. Pace, on behalf of the Committee, thanked the Commission for its
continued support and thanked Pat Earles, Mark Thompson and Laurie Blount for their
help. Mr. Pace announced that the parade this year will be on Friday, November 9th due
to the 11th being on a Sunday. It will start at 11:00 a.m. Dedication of the World War H
monument will be that afternoon at 2:00 p.m.
Cindy Byrd of the Daughters of the American Revolution, reported that the organization
provides an essay contest for children about Veterans Day. This is sponsored by the
Parks Dept. This year there were about 150 participants. Ms. Byrd thanked the
Commission for their support.
PROCLAMATION
NATIONAL HOME CARE MONTH
Mayor Paxton presented a proclamation to Michelle Clark of the Home Care Association
proclaiming November 2007 as "National Home Care Month".
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
reading of the Minutes for October 9th and October 16th, 2007, be waived and that the
Minutes of said meetings 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).
APPOINTMENT
BOARD OF ADJUSTMENT
Mayor Paxton made the following appointments: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby appoint Jessica Byassee as a member of the
Board of Adjustments to replace Morgan Turner who has resigned. This term will expire
August 31, 2010; and
WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint
Sarah Bynum as a member of the Board of Adjustments to replace John Shadle who has
resigned. This term will expire August 31, 2010."
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners approve the action of Mayor Paxton in appointing Jessica
Byassee and Sarah Bynum as members of the Board of Adjustment.
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 be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) Ivitts Plumbing Contractors Inc.
(b) Sonny Ridgeway Construction Inc.
(c) Lonnie Wiggins Concrete
Right of Way Bond:
(a) Ivitts Plumbing Contractors Inc.
2. Contracts/Agreements:
(a) Sport Surface Specialties for Bonded Rubber Surfacing Installed in Noble
Park (2007-9-7335)
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OCTOBER 23, 2007
(b) Bluegrass Fire Equipment for 15 Sets of Fire Fighter Protective Clothing (M.
0.1314)
(c) Wastequip/Holt for Purchase of Heavy Duty Front -Loading Refuse Containers
(2007-9-7333)
(d) Wilkins Construction Company, Inc. for Paducah Greenway Trails Pedestrian
Footbridge (2007-9-7337)
(e) Governor's Office for Local Development for a Kentucky Body Armor Grant
(2007-8-7316)
(f) Kendig Keast Contract Amendment for Professional Services for the
Comprehensive Plan (2007-9-7324)
(g) G & L Investment Enterprise, LLC for Arcade Theater Building (2007-7-
7296)
3. Deeds:
(a) G & L Investment Enterprise, LLC for Property Located at 500-508
Broadway (Arcade Theater Building) (2007-7-7296)
4. Letter of Understanding with Williams, Williams & Lentz for Electric Plant
Board d/b/a Paducah Power System's Audit Services for Year Ended June 30,
2007
5. Comprehensive Plan for the City of Paducah adopted July 2007
6. Paducah Water Works Financial Statements for Years Ended June 30, 2007 and
2006
7. GPEDC Loan Documents from PACRO for Riverport West Phase I (2007-9-
7328)
Documents Included Are:
• Pre -Closing Documents
• PACRO Loan Closing Documents
• Title Documents
• Paducah Bank Loan Closing Documents
• Appraisals
• Environmental Reports
• Purchase Closing Documents -Phase I Acquisitions
• Post -Closing Documents
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
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).
CREATE THE "RETAIL FENCE INCENTIVE PROGRAM" FOR NEW
BUSINESSES IN DOWNTOWN PADUCAH
Commissioner Watkins offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled, "A MUNICIPAL ORDER CREATING THE "RETAIL
FENCE INCENTIVE PROGRAM" FOR NEW BUSINESSES THAT LOCATE IN
DOWNTOWN PADUCAH AND ESTABLISHING CRITERIA FOR SAME," be
adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1315; BK 7; PG
2007 KLC SAFETY GRANT APPLICATION
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2007 MATCHING
SAFETY GRANT IN THE AMOUNT OF $2,397 FROM THE KENTUCKY LEAGUE
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OCTOBER 23, 2007
OF CITIES FOR THE PURCHASE OF ONE IN -CAR DIGITAL CAMERA FOR USE
BY THE POLICE DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.91316; BK 7; PG
AMEND PAYROLL CLASSIFICATION TABLES
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNCIPAL ORDER AMENDING THE
CLASSIFICATION/PAY SCHEDULE TABLE AND TABLE 3 TO RECLASSIFY
AND INCREASE THE SALARY OF A POSITION WITHIN THE FINANCE
DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1317; BK 7; PG
DONATION OF PROPERTY AT 3528 OLIVET CHURCH ROAD FOR OLIVET
CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that a
Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION
OF A PORTION OF REAL PROPERTY LOCATED AT 3528 OLIVET CHURCH
ROAD FOR THE CITY OF PADUCAH AS RIGHT OF WAY AND A PERMANENT
PUBLIC DRAINAGE EASEMENT FOR THE OLIVET CHURCH ROAD
IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A
DEED OF CONVEYANCE FOR SAME," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1318; BK 7; PG
PURCHASE PROPERTY AT 5245 ENTERPRISE DRIVE FOR OLIVET
CHURCH ROAD IMPROVEMENT PROJECT
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 PORTION OF REAL PROPERTY LOCATED AT 5245
ENTERPRISE DRIVE IN THE AMOUNT OF $11,000 AS RIGHT OF WAY AND A
PERMANENT PUBLIC UTILITY EASEMENT FOR THE OLIVET CHURCH ROAD
IMPROVEMENT PROJECT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1319; BK 7; PG
PURCHASE PROPERTY AT 5250 ENTERPRISE DRIVE FOR OLIVET
CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, 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 PORTION OF REAL PROPERTY LOCATED AT 5250
ENTERPRISE DRIVE IN THE AMOUNT OF $11,000 AS RIGHT OF WAY AND A
PERMANENT PUBLIC UTILITY EASEMENT FOR THE OLIVET CHURCH ROAD
IMPROVEMENT PROJECT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1320; BK 7; PG
ORDINANCE — EMERGENCY
PURCHASE PROPERTY LOCATED AT 3485 OLIVET CHURCH ROAD FOR
THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce and 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 3485 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 documens relating to same,
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OCTOBER 23, 2007
with S & J Development, Inc., for acquisition of real property located at 3485 Olivet
Church Road as right of way and two permanent public utility easements for the Olivet
Church Road Improvement Project, for and in consideration of $80,000.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7344; BK 31; PG
ORDINANCES — ADOPTION
CLOSURE OF A PORTION OF COLONIAL DRIVE & OGILVIE AVENUE
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR
THE CLOSING OF A PORTION OF COLONIAL DRIVE AND OGILVIE AVENUE".
This ordinance is summarized as follows: Closing a portion of Colonial Drive and
Ogilvie Avenue and authorizing, empowering and directing the Mayor to execute a
quitclaim deed from the City to the property owners in or abutting the public way to be
closed.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7345; BK 31; PG
APPROVE GREENWAY TRAILS FENCING CONTRACT
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR FENCING FOR THE GREENWAY TRAILS IN THE CITY OF PADUCAH,
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME."
This ordinance is summarized as follows: That the City of Paducah hereby accepts the
bid of AAA Fence, Inc., for fencing to be located along the back tract of Player's
Bluegrass Downs for the Greenway Trails in the City of Paducah, in the amount of
$31,765.00, and authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7346; BK 31; PG
APPROVE STUART NELSON INFIEID RENOVATIONS CONTRACT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID FOR THE RENOVATION OF THREE SOFTBALL INFIELDS LOCATED
IN STUART NELSON PARK, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of McKeel Equipment Co., Inc., for the renovation of three
softball infields located in Stuart Nelson Park in an amount not to exceed $27,961 and
authorizing the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7347; BK 31; PG
ANNEXATION OF GROVE SUBDIVISION PHASE II
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled "AN ORDINANCE EXTENDING
THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING
THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING
ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED
WITHIN SAID CORPORATE LIMITS". This ordinance is summarized as follows:
This ordinance annexes the lands which are located in the "Final Plat of Grove Section II
for CHD Group, LLC", which plat is filed in Plat Book "L", page 1440, McCracken
County Court Clerk's Office, into the City of Paducah. This ordinance further requires
the developer of the subdivision to construct the common improvements and facilities
located within the subdivision in accordance with all applicable laws and legal
requirements. This ordinance further requires the developer to give bond in the amount
of $225,000.00 as security for such obligations.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7348; BK 31; PG
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OCTOBER 23, 2007
ANNEXATION AGREEMENT WITH CHD GROUP FOR GROVE
SUBDIVISION PHASE II
Commissioner Smith offered motion, seconded by Commissioner Watkins, that
the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN ANNEXATION
AGREEMENT WITH CHD GROUP, LCC." This ordinance is summarized as
follows: The Mayor is hereby authorized to execute an annexation agreement
with CHD Group, LLC for and in behalf of the City of Paducah.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7349; BK 31; PG
APPROVE OAK GROVE MAUSOLEUM RESTORATION CONTRACT
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR RESTORATION OF THE MAUSOLEUM LOCATED IN THE OAK
GROVE CEMETERY IN THE CITY OF PADUCAH, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized
as follows: That the City of Paducah hereby accepts the bid of Ohio Valley Monument
Company, for repair and restoration of the mausoleum located in the Oak Grove
Cemetery in the City of Paducah, in the amount of $116,000, and authorizes the Mayor to
execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7350; BK 31; PG
ACCEPT 2008 HIGHWAY SAFETY PROGRAM GRANT AWARD
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT
AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE
KENTUCKY TRANSPORTATION CABINET FOR A 2008 HIGHWAY SAFETY
PROGRAM 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 Transportation Cabinet for a 2008 Highway Safety
Program Grant award in the amount of $52,000 for equipment and traffic enforcement
activities.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7351; BK 31; PG
FY2008 BUDGET AMENDMENT — GENERAL FUND CAPITAL
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
ORDINANCE NO. 2007- 6-7288 ENTITLED, "AN ORDINANCE ADOPTING THE
CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR
JULY 1, 2007, THROUGH JUNE 30, 2008, BY ESTIMATING REVENUES AND
RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT." This ordinance is summarized as follows: Amend the annual budget
for the fiscal year beginning July 1, 2007, and ending June 30, 2008, by increasing
General Fund expenditures by $2.1 million.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-10-7352; BK 31; PG
MUNCIPAL ORDER
TRANSFER FUNDS FOR CAPITAL IMPROVEMENT PROJECT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO TRANSFER $2,100,000 FROM THE
COMMISSION CONTINGENCY ACCOUNT FOR MID -YEAR PROJECT
APPROPRIATIONS," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). M.O.#1321; BK 7; PG
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OCTOBER 23, 2007
ORDINANCES — INTRODUCTION
ACCEPT 2007 FIREMAN FUNDS HERITAGE GRANT/$10,000
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY
TO ACCEPT A GRANT THROUGH FIREMAN'S FUND INSURANCE COMPANY
FOR A FIREMAN'S FUND HERITAGE GRANT." This ordinance is summarized as
follows: The Mayor is hereby authorized and directed to execute all documents
necessary to accept a grant through Fireman's Fund Insurance Company in the amount of
$10,000.00 for the purchase of various pieces of rescue equipment.
WESTWOOD HILLS INFILL DEVELOPMENT AGREEMENT AMENDMENT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE REPEALING
ORDINANCE NO. 2007-9-7323 AND AUTHORIZING THE MAYOR TO EXECUTE
A RESIDENTIAL INFILL DEVELOPMENT AGREEMENT WITH SHEPHERDS
NEST, LLC." This ordinance is summarized as follows: The City of Paducah does hereby
repeal in its entirety Ordinance No. 2007-9-7323 adopted by the City of Paducah on September
11, 2007, and hereby approves the Residential Infill Development Agreement to be executed by
and between the City of Paducah and Shepherds Nest, LLC, for a tract of real property known as
Westwood Hills located off of Pines Road. The Mayor is hereby authorized to execute the infill
agreement for and in behalf of the City of Paducah, Kentucky.
AMEND ZONING ORDINANCE
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AMENDING CHAPTER 126, ZONING, OF THE PADUCAH CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is
summarized as follows: Amending Chapter 126, Zoning by, regulating signs in R-4
zones; removing HARC's authority to waive minimum lot sizes; establishing minimum
lot sizes between different types of family dwellings within H-2 zones; and updating the
Planning fee schedule as follows:
Application
Fee
No. of Plat Copies
to Submit
Zone Change (Map Amendment)
$200.00
20
Preliminary Subdivision (Major)
$200.00
10
Final Subdivision
10
Waiver of Subdivision (Minor)
$50.00
10
Major Amendment to Development Plan
$75.00
10
Full Site Plan With Stormwater and or Erosion Control
$100.00
$50.00
1 site plan / 1 stormwater
Minor Site Plan
Cellular Tower
$2,500
10
Conditional Use
$150.00
18
Variance
$100.00
10
Administrative Appeal
$200.00
8
Non -Conforming Use Change
$50.00
8
Planned United Development (PUD)
$300.00
10
Multiple Principal Structures
$100.00
10
Similar Permitted Use
$50.00
10
Certificate of Appropriateness
$25.00
8
Certificate of Zoning Compliance
$25.00
8
Zoning Certification Letter
$50.00
N/A
CITY MANAGER REPORT
• Commissioner Kaler was nominated for the Business and Professional Women
Association's Women of Achievement award.
OCTOBER 23, 2007
• Yesterday the local chapter of the American Red Cross held their 90th
Anniversary Celebration. Mayor Paxton was recognized because his grandfather
was founding chairman Audra Herndon, Budget Officer in the Finance
Department, has been chosen as Chairman of the American Red Cross local
chapter for the next year.
• FY2008 Budget books have been distributed
• Director sponsored Employee Luncheon will be held tomorrow at the Civic
Center
COMMISSIONER CONCERNS
Commissioner Coleman
1) handicap citizen inquiry regarding the solid waste handicap program
2) citizen complaint -high weeds in the 800 block of N 36th Street
Upon motion the meeting adjourned.
ADOPTED: November 13 , 2007
City Clerk
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