HomeMy WebLinkAbout07/10/07265
JULY 10, 2007
At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 10, 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, Watkins and
Mayor Paxton (5).
PLEDGE OF ALLEGIANCE
Mayor Paxton introduced Raine Thompson, who led the pledge. Ms. Thompson is a
senior at Paducah Tilghman High School and has won a National Swim Championship.
CITY OF PADUCAH SPOTLIGHT
Matthew Howell, City Manager Intern, spotlighted the Cape Girardeau Staff Exchange
Program.
PUBLIC HEARING -PROPERTY LOCATED AT 2001 NORTH 12TH STREET &
2956 PARK AVENUE
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners open a public hearing as the Local Redevelopment Authority
for comment on the draft of the Homeless Submission and Base Use Plan for properties
located at 1201 North 12th Street and 2956 Park Avenue.
Adopted on call of the roll, Commissioners Coleman, Kaler, Smith, Watkins and Mayor
Paxton (5).
Vonnie Adams, Executive Director of Merryman House, believes the property located at
2956 Park Avenue is an ideal location for the Merryman House Domestic Crisis Center
Safe Project. She gave a presentation stating why she thinks the Merryman House should
receive the property for use for the homeless. A copy of her presentation is in the minute
file.
Deanna Henschell reiterated Ms. Adams feelings and asked the LRA (Board) to go back
and review the proposal of the Merryman House one more time before making a final
decision.
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners close the public hearing as the Local Redevelopment Authority.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5).
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
reading of the Minutes for June 19th and June 26th, 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).
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) Construction Plus
(b) B H Green & Sons Inc
2. Contracts/Agreements:
(a) Governor's Office for Local Development for the Hotel Metropolitan
Museum Restoration Project (2007-1-7234)
(b) Offer of Employment for Downtown Development Director (M.O. 1303)
(c) West Kentucky Community &Technical College for Governor's Minority
Student College Preparatory Program (under $20,000 -no ordinance required)
Q -T-1
JULY 10, 2007
(d) Paducah Area Chamber of Commerce for Providing Professional
Representation with State and Federal Legislative Delegations and
Administrative Agencies (under $20,000—no ordinance required)
(e) Paducah Cable Authority, West Kentucky Community & Technical College
and Paducah Junior College for Operation of Governmental Access Channel
(2007-6-7292)
(f) McCracken County for the Olivet Church Road Improvement Project
Administrator (2005-12-7052)
3. Deeds:
(a) Quitclaim Deed for Surplus Property on Oregon Street belonging to Paducah
Water (2007-5-7281)
(b) Deed of Conveyance for Property between Flournoy, Norton, Trimble &
Harris (M.O. 1299)
4. Documents for Purchase of Kitchens, Inc. Property:
(a) Deed with F. Burnham Jones and Cynthia Jones, for Kitchens, Inc. property
between Harrison and Martin Luther King, Jr. Blvd (2007-2-7235)
(b) Promissory Note for $246,666.66
(c) Settlement Statement with U.S.Department of Housing and Urban
Development
(d) Assignment of lease with Paducah Service Company
5. Notice of Cancellation of the Meeting Scheduled on July 3, 2007 for the Board of
Commissioners of the City of Paducah, Kentucky
6. Paducah Water Financial Highlights for May, 2007
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES (ROUTINE)
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).
ORDINANCES — INTRODUCTION
SALARY INCREASE FOR CITY MANAGER
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING THE
SALARY OF THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY."
This ordinance is summarized as follows: Increasing the current annual salary for the
City Manager by $2,994.73 for a total salary of $102,819.20 effective July 19, 2007.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD. #2007-7-7295; BK 31; PG
ACCEPT PROPOSAL FOR TRANSFER AND REMODELING OF ARCADE
THEATRE BUILDING
Commissioner Coleman offered motion, seconded by Commissioner Kaler,
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
SHARON GRAVES AND BRENT LAMO WITH RESPECT TO A PUBLIC
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
among the City and Sharon Graves and Brent Lamo. The Mayor of the City is hereby
authorized to execute the MOU, together with such other agreements, instruments or
certifications which may be necessary to accomplish the transaction contemplated by the
MOU with such changes in the MOU not inconsistent with this Ordinance and not
substantially adverse to the City as may be approved by the official executing the same
on behalf of the City.
267
JULY 10, 2007
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-7-7296; BK 31; PG
APPROVE WESTWOOD HILLS SUBDIVISION
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE
PROPOSED FINAL SUBDIVISION OF WESTWOOD HILLS OF PROPERTY OF
SHEPHERDS NEST, LLC FOR PROPERTY LOCATED ON/AT PINES ROAD AND
ACCEPTING THE DEDICATION OF RIGHT OF WAY AND EASEMENTS." This
ordinance is summarized as follows: Approve final report of the Paducah Planning
Commission respecting the proposed subdivision Westwood Hills of property of property
of Shepherds Nest, LLC for property located on/at Pines Road, and accepting the
dedication of right of way and easements. In addition, the City of Paducah hereby
accepts an Irrevocable Standby Letter of Credit in the amount of $775,000.00 and
authorizes the Mayor to subscribe a certificate of approval on the plat.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor
Paxton (5). ORD.#2007-7-7297; BK 31; PG
WESTERN BAPTIST HOSPITAL PARKING LOT/R-O-W IMPROVEMENTS
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE FINANCE DIRECTOR TO MAKE REIMBURSEMENT TO WESTERN
BAPTIST HOSPITAL FOR RIGHT-OF-WAY IMPROVEMENTS IN THE AREA OF
WASHINGTON STREET, OTIS DINNING DRIVE, AND NORTH 24TH STREET."
This ordinance is summarized as follows: That the Finance Director is hereby authorized
to make reimbursement to Western Baptist Hospital in the amount of $21,200.00 for
improvements made to the City's right-of-way in the area of Washington Street, Otis
Dinning Drive, and North 24th Street.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2007-7-7298; BK 31; PG
AMEND AGREEMENT WITH JJR FOR OHIO RIVER BOAT LAUNCH
PROJECT
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING A
CONTRACT MODIFICATION TO THE AGREEMENT WITH JJR, LLC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE OHIO RIVER BOAT
LAUNCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME."
This ordinance is summarized as follows: That the City of Paducah hereby approves a
contract modification to the agreement with JJR, LLC to include an environmental
assessment for the Ohio River Boat Launch Project in the amount of $55,000, therefore,
increasing the total contract amount to $210,275.00, 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.#2007-7-7299; BK 31; PG
CLOSE PORTION OF NORTH 7TH STREET AT BURNETT STREET
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING
FOR THE CLOSING OF A PORTION OF 7TH STREET WEST OF BURNETT STREET".
This ordinance is summarized as follows: That the City of Paducah does hereby authorize
the closing of a portion of 7th Street west of Burnett Street, and further, authorizes,
empowers and directs the Mayor to execute the plat and quitclaim deeds from the City to
the property owners in or abutting the public ways to be closed.
Adopted on call of the roll, yeas, Commissioner Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-7-7300; BK 31; PG
ME
JULY 10, 2007
PURCHASE VEHICLES FROM PADUCAH FORD
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BIDS OF PADUCAH FORD IN THE TOTAL AMOUNT OF $318,765.00, FOR
SALE TO THE CITY OF VEHICLES FOR USE BY VARIOUS DEPARTMENTS,
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME."
This ordinance is summarized as follows: The City of Paducah accepts the bids of
Paducah Ford for sale to the City of one % ton gas 4x4 regular cab pickup truck 4 wheel
drive in the amount of $22,920.00; nine police interceptor pursuit vehicles in the amount
of $188,325.00; one non -pursuit vehicle in the amount of $21,845.00; one %i ton gas 4
door crew cab pickup truck 2 wheel drive in the amount of $24,950.00; one %2 ton gas
regular cab pickup truck 2 wheel drive in the amount of $20, 850.00; and one 1 ton diesel
4x4 cab & chassis with service bed in the amount of $39,875.00 for use by the
departments of Public Works, Police, Floodwall and General Government, 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.#2007-7-7301; BK 31; PG
PURCHASE GRADER FROM ERB EQUIPMENT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR SALE TO THE CITY OF A COMPACT MOTOR GRADER FOR USE IN
THE PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows:
The City of Paducah accepts the bid of ERB Equipment, in the total amount of
$103,597.00, for a compact motor grader for use in the Public Works Department, said
bids being in substantial compliance with bid specifications, and as contained in the bids
of ERB Equipment, of June 13, 2007.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-7-7302; BK 31; PG
APPROVE OWNER'S CONSENT & WAIVER FOR INFINITI MEDIA
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING A
LESSOR'S AND OWNERS' CONSENT AND WAIVER AMONG THE CITY OF
PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE
PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY, AND U.S. BANK NATIONAL ASSOCIATION WITH RESPECT TO
PERSONAL PROPERTY LOCATED IN THE SUBLEASED PREMISES OF INFINITI
PLASTIC TECHNOLOGIES, INC." This ordinance is summarized as follows: The
Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute a
Consent and Waiver among the City of Paducah, McCracken County, Paducah -
McCracken County Industrial Development Authority, U.S. Bank National Association
and Infiniti Plastic Technologies, Inc. The Consent and Waiver fully releases any and all
claims the City, County, or Industrial Development Authority may have to all personal
property of Infiniti Plastic Technologies, Inc., located on the property subleased by
Infiniti and acknowledges U.S. Bank's right to all personal property of Infiniti contained
within the subleased premises in the event Infiniti defaults on its loan with U.S. Bank,
specifically excepting from this release any fixtures owned by the City, County and
Industrial Development Authority; and any and all other instruments deemed either
necessary or desirable to carry out the recommendations of the Board to waive and
release the claims specifically described in the Lessor's and Owners' Consent and
Waiver.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-7-7303; BK 31; PG
SATISFACTION & RELEASE OF AAA FABRICATORS
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE EXECUTION OF THE SATISFACTION AND RELEASE OF AAA FABRICATORS,
269
JULY 10, 2007
LLC, FROM THE TERMS OF THE MEMORANDUM OF UNDERSTANDING DATED AND
ENTERED INTO ON JUNE 16, 2004 BETWEEN AAA FABRICATORS, LLC, THE CITY OF
PADUCAH, KENTUCKY, AND MCCRACKEN COUNTY, KENTUCKY." This ordinance is
summarized as follows: The City of Paducah, Kentucky, hereby authorizes and directs the Mayor
to execute the Satisfaction and Release of AAA Fabricators, LLC from the Memorandum of
Understanding between the City, McCracken County and AAA Fabricators, LLC, which provided
economic incentives to AAA Fabricators. Due to AAA Fabricators' meeting all obligations
contained in the MOU it is beneficial to the City to execute the Release and terminate the
Memorandum of Understanding.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor
Paxton (5). ORD.#2007-7-7304; BK 31; PG
ORDINANCE — INTRODUCTION
AMEND ORDINANCE AND CONTRACT FOR EQUIPMENT RENTAL
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners introduce an ordinance entitled, AN ORDINANCE AMENDING
ORDINANCE NO. 2006-4-7100 ENTITLED, "AN ORDINANCE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH CENTRAL
PAVING COMPANY FOR RENTAL OF VARIOUS EQUIPMENT FOR THE
REMAINDER OF THE 2006 CALENDAR YEAR AND FOR THE 2007 CALENDAR
YEAR" AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT.
This ordinance is summarized as follows: Amend Ordinance No. 2006-4-7100 with
Central Paving Company for equipment rental for the remainder of the 2007 calendar
year to include the equipment rental of a 1000 Leeboy Paver w/crew & roller at the per -
hour rental fee of $360.00 and authorize the Mayor to execute the amendment to the
contract.
CITY MANAGER REPORT
• Joint City/County Meeting on July 16th at the Courthouse
• Workshop on July 17th—Item on the Agenda: Proposed Public Works Structure
Changes & TIF District
• Thanked staff for participating in the Cape Girardeau Staff Exchange
• Smoking Ban Ordinance – A request for a temporary restraining ordinance has been
filed by a local proprietor that will void the smoking ban ordinance. The City's
attorney argued in court that the filing contained a federal constitutional claim and
should be handled in federal court. The proprietor and his attorney have taken out the
federal constitutional claim and have re -filed in Kentucky State Court. The hearing is
scheduled to be heard tomorrow at 2:00. The proprietor feels the smoking ban
ordinance should have been treated like a zoning ordinance and should have gone
before the Planning Commission.
• July 6 --City Manager was notified by IAFF President Barry Carter that the union
contract was not accepted. A letter was sent out by the City Manager to each
firefighter explaining what will happen now that the contract has expired. (A copy is
in the minute file.) A hearing was held today before Judge Clymer with firefighters
arguing that even though the contract expired June 30 the contract should still be in
effect. The City argued that when a contract is done it is done. Corporation Counsel
presented the letter the City Manager had written to each firefighter as evidence and
the Judge says there is not significant changes from when the contract was in effect
and will take the matter under advisement. The City now has to wait for the Judge's
ruling.
Mayor Paxton commented, "that the City has a great fire department, wonderful firemen,
good leadership and they work extremely hard to protect the citizens inside the city
limits." He summarized negotiations with the unions over the last couple of years and
explained the benefit packages and wages of the average fireman. He also remarked that
firefighters will receive same 3% increase in salary that all fulltime employees have
received and will be treated the same as other employees.
COMMISSIONER CONCERNS
Comm. Coleman – tall grass at Alben W. Barkley monument and at lot on North 21St
Street behind VanZant's business
Comm. Watkins – has been contacted by Bill Hack, resident of the Littleville area, and
was asked for an update on Garrett's Recycling expansion in Littleville and said Mr.
Hack asked if something could be done about the noise coming from the equipment at all
hours during the night.
270
JULY 10, 2007
Upon motion the meeting adjourned.
ADOPTED: August 14 '2007
Y. &��ck
City Clerk