Loading...
HomeMy WebLinkAbout02/27/07203 FEBRUARY 27, 2007 At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 27, 2007, at 5:30 p.m., Mayor Pro Tem Coleman presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Kaler, Smith, Watkins and Mayor Pro Tem Coleman (4). Mayor Paxton was absent (1). PRESENTATIONS WWII MEMORIAL Leon Dodge and Hardy Gentry, veterans, thanked the Commission for allowing the veterans to place a new WWII memorial at the Dolly McNutt Plaza. Mr. Dodge announced donations from the public would be accepted at American Legion or at the Paducah Bank locations. He also requested a donation of $6,000 from the City. CITY OF PADUCAH SPOTLIGHT Kristin Gregory, Public Information Officer, spotlighted the following: • Joe Primicias, GIS Coordinator in the Engineering Department • Skatepark located in Noble Park (it was highlighted in the "Recreation Management" Magazine and the City was applauded for its safety efforts) • Ryan Norman & Michael Wray, have finished their recruitment training for police officers PROCLAMATION Mayor Pro Tem Coleman presented a proclamation to Police Chief Bratton on behalf of the Purchase Area Sexual Assault Center, proclaiming March 2007 as "Sexual Assault Awareness Month." MINUTES Commissioner Kaler offered motion, seconded by Commissioner Smith, that the reading of the Minutes for February 6 and February 13, 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 Kaler, Smith, Watkins and Mayor Pro Tem Coleman (4). MOTIONS R & F DOCUMENTS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Midstates Construction, Inc. (b) Wilkins Construction Company, Inc (c) H & G Construction Company Payment Bond: (a) H & G Construction Company Performance Bond: (a) H & G Construction Company 2. Contracts/Agreements: (a) CRW Associates for Land Management Software (2007-2-7244) (b) Florida Rock Industries, Inc. for the City's Supply of Limestone (2007-2- 7246) (c) Wilkins Construction Company, Inc. for the City's Supply of Concrete (2007- 2-7245) (d) H & G Construction Company for Coleman Road at US 60 Intersection (2007-2-7236) (e) Altec Industries, Inc. for Purchase of One Altec Aerial Device (2007-1-7231) (f) Memorandum of Understanding with PEBCO, GPEDC, and McCracken County (2004-6-6824) 3. Deeds: (a) Paducah Junior College — 1334 Madison Street (M.O. # 1233) 204 FEBRUARY 27, 2007 4. Luther F. Carson Four River Center, Inc. Financial Statements Years Ended June 30, 2006 and 2005 Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins and Mayor Pro Tem Coleman (4). MUNICIPAL ORDERS PERSONNEL CHANGES 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) Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins and Mayor Pro Tem Coleman (4). CHANGE PAYROLL TABLES TO REFLECT CHANGES IN THE FIRE DEPARTMENT AND PUBLIC WORKS DEPARTMENT Commissioner Kaler offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2, CLASSIFICATIONS/PAY SCHEDULES FOR NON -CIVIL SERVICE, POLICE AND FIRE FOR CHANGES WITHIN THE FIRE DEPARTMENT AND PUBLIC WORKS DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). M.O.#1267; BK 6; PG TRANSFER OF FUNDS FROM COMMISSION CONTINGENCY FOR DEMOLITION OF BUILDING AT 219 SOUTH 3" STREET Commissioner Smith offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $8,500.00 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE FIRE DEPARTMENT BUDGET," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). M.O.#1268; BK 6; PG APPLICATION FOR 2007 LAND & WATER CONSERVATION FUND GRANT Commissioner Watkins offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2007 LAND AND WATER CONSERVATION FUND GRANT IN THE AMOUNT OF $69,000.00, 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 Pro Tem Coleman (4). M.O.#1269; BK 6; PG APPLICATION FOR TRANSPORTATION, COMMUNITY AND SYSTEM PRESERVATION CENTER Commissioner Kaler offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION GRANT IN THE AMOUNT OF $975,000.00, THROUGH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY PROGRAM, TO IMPROVE THE CITY OF PADUCAH'S TRANSIT SYSTEM," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). M.O.#1270; BK 6; PG 205 FEBRUARY 27, 2007 ORDINANCE — EMERGENCY ACCEPT LOWEST BID FOR HVAC REPLACEMENT AT COMMERCE CENTER Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR INSTALLATION OF A NEW HVAC SYSTEM AT THE CHAMBER OF COMMERCE CENTER, AUTHORIZING A CONTINGENCY AMOUNT IN THE EVENT OF UNFORESEEN PROBLEMS AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Preferred Industries, Inc. in the amount of $108,631.00 for installation of a new HVAC unit at the Chamber of Commerce Center, authorizes, if unforeseen problems arise, a contingency not to exceed 10% and authorizes the Mayor to execute a contract for same. I further move that the Mayor delay executing the HVAC Contract until the City Attorney has reviewed and advised him on the protest letter received from Johnson Controls. ORDINANCE WAS VOTED ON AS FOLLOWS AND IF CORPORATION COUNSEL APPROVES CITY CLERK WILL PROCEED WITH ENACTMENT OF ORDINANCE AND PUBLICATION Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). NOTE: Contract was not approved by Corporation Counsel. Information will follow at the March 13th meeting. ORDINANCES — ADOPTIONS COMMERCE CENTER HVAC REPLACEMENT -TABLE Commissioner Watkins offered motion, seconded by Commissioner Smith, that the ordinance introduced on February 13, 2007, entitled, "AN ORDINANCE ACCEPTING THE BID FOR INSTALLATION OF A NEW HVAC SYSTEM AT THE CHAMBER OF COMMERCE CENTER, AUTHORIZING A CONTINGENCY AMOUNT IN THE EVENT OF UNFORESEEN PROBLEMS AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME", be tabled. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). COMMERCE CENTER ROOF REPLACEMENT Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR REPLACEMENT OF THE ROOF ON THE CHAMBER OF COMMERCE CENTER, AUTHORIZING A CONTINGENCY AMOUNT IN THE EVENT OF UNFORESEEN PROBLEMS AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Southern Roofing Company, Inc., in an amount not to exceed $79,223.00 for replacement of the roof on the Chamber of Commerce Center; authorizes, if unforeseen problems arise, a contingency not to exceed 10% and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7250; BK 31; PG 2007 HUD RIVERFRONT GRANT AWARD Commissioner Smith offered motion, seconded by Commissioner Watkins, 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 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FOR A 206 FEBRUARY 27, 2007 GRANT AWARD FOR RIVERFRONT REDEVELOPMENT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Grant Agreement with the United States Department of Housing and Urban Development (HUD) for a Neighborhood Initiative Grant award in the amount of $2,970,000. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7251; BK 31; PG ADOPT RULES OF CONDUCT FOR PUBLIC PARKS Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ADOPTING "RULES OF CONDUCT" FOR CITY RECREATIONAL AREAS PURSUANT TO CHAPTER 70, "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby adopts "Rules of Conduct" for City Recreational Areas, which are as follows: • Alcohol is not allowed in any City of Paducah park facility. • Weapons are not allowed in any City of Paducah park. • Soliciting or sale of material is not allowed in City of Paducah parks. • Parking is not allowed on grass in City of Paducah parks. • Do not nail signs to trees. • Do not feed wildlife in City of Paducah parks. • Obey posted hours of operation. • All dogs must be leashed and droppings picked up and disposed of in a waste recepticle when in City of Paducah parks. • Place all trash in waste recepticles. • Overnight stays are not allowed in a City of Paducah park. • Mechanical games, carnivals, or use of animals are not authorized in City of Paducah parks. • If a public address system or other amplification of voice and/or music is used, sound must not extend beyond the perimeter of the facility being utilized. • Ice-skating is not allowed on Noble Park Lake. • Personal watercraft are not allowed in Noble Park Lake. • Signs or banners cannot be hung from or on towers/front of Noble Park entrance. • Permits for special events and/or nonconforming uses are the jurisdiction of the Parks Services Director. Organizers are responsible for securing permits for such use through the Paducah Parks Services office. • The City of Paducah Parks Services may permit for exclusive use shelters, athletic fields, buildings, facilities and/or specific zones of the park. Other park users may not interfere with the permitted use. • The Parks Services Director is authorized to temporarily adjust or suspend park rules as required to serve public safety and/or program logistics. • The Parks Services Director is hereby authorized to adopt additional rules specific to each facility. Said rules shall be posted in a conspicuous place at the relevant facility and shall be followed as if fully set forth herein. Bill Burch, citizen, protested the rule of not being allowed to feed the ducks. AMENDMENT TO RULES OF CONDUCT Commissioner Smith offered motion, seconded by Commissioner Watkins, to strikeout and delete the rule, "Do not feed wildlife in City of Paducah parks", from the Rules of Conduct for City of Paducah parks. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ADOPT ORDINANCE AS AMENDED FOR RULES OF CONDUCT FOR CITY OF PADUCAH PARKS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt the ordinance entitled, "AN ORDINANCE ADOPTING "RULES OF CONDUCT" FOR CITY RECREATIONAL AREAS PURSUANT TO CHAPTER 70, "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, " as amended. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7252; BK 31; PG 207 FEBRUARY 27, 2007 TEMPORARY SUSPENSION OF PERSON FROM RECREATIONAL AREAS Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CREATING A NEW ARTICLE IN CHAPTER 70 "PARKS AND RECREATION" OF THE PADUCAH CODE OF ORDINANCES PROHIBITING ENTRY TO PERSONS WHO VIOLATE THE PARK'S RULES AND/OR ARE ARRESTED FOR CRIMES OCCURRING ON THE CITY'S PARKS AND RECREATIONAL PREMISES FOR A PERIOD UP TO ONE YEAR." This ordinance is summarized as follows: A new Article in Chapter 70 of the City of Paducah Code of Ordinances is hereby created to allow the Department of Parks Director or his designee to bar persons who violate the law and/or the Parks' rules from entering the Parks' property for a period up to one year. Further, Section 70-91 of said Article provides penalties for whoever violates any provision of this ordinance. The penalties provided are as follows: (a) It shall be unlawful for any person who has been notified that he/she is barred from City recreational areas to enter City recreational areas during the effective dates of said disbarment. (b) Any person who violates subsection (a) of this Section shall be guilty of a class B misdemeanor, punishable by a fine not to exceed $500 and/or imprisonment not to exceed ninety (90) days. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7253; BK 31; PG DEMOLITION OF STRUCTURE BEHIND FIRE STATION #1 AT 219 SOUTH 3RD STREET Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF T. W. B. ENTERPRISES IN THE AMOUNT OF $23,500 FOR DEMOLITION OF THE STRUCTURE LOCATED AT 219 SOUTH THIRD STREET IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: Authorizing the Mayor to execute a contract with T. W. B. Enterprises for demolition of the structure located at 219 South 3rd Street. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7254; BK 31; PG REIMBURSEMENT AGREEMENT WITH McCRACKEN COUNTY FOR OLIVET CHURCH ROAD IMPROVEMENT PROJECT 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 REIMBURSEMENT AGREEMENT WITH MCCRACKEN COUNTY FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute an agreement between McCracken County and the City of Paducah, Kentucky, to equally share all costs exceeding acquired funding sources for the Olivet Church Road Improvement Project. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7255; BK 31; PG CHANGE ORDER #2 FOR PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.2 WITH JIM SMITH CONTRACTING COMPANY, LLC FOR THE PECAN DRIVEBUCKNER W' FEBRUARY 27, 2007 LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 2 for a price increase in the amount of $230,325.04 for the City of Paducah's Pecan Drive/ Buckner Lane Roadway Improvement Project, increasing the total contract price to $4,102,470.80. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7256; BK 31; PG AGREEMENT WITH STATE, FISH & WILDLIFE FOR BOAT RAMP Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioner adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF FISH AND WILDLIFE RESOURCES FOR FUNDING ASSOCIATED WITH THE OHIO RIVER BOAT RAMP PROJECT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement between the City of Paducah, Kentucky and the Commonwealth of Kentucky, Department of Fish and Wildlife in the amount of $175,000 for funding associated with the Ohio River Boat Ramp Project. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7257; BK 31; PG SUPPLEMENTAL AGREEMENT WITH KY TRANSPORTATION CABINET FOR PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY, FOR THE COMPLETION OF THE CONSTRUCTION OF THE PECAN DRIVEBUCKNER LANE ROADWAY PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah hereby approves and authorizes the Mayor to execute Supplemental Agreement No.1 with the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways for additional reimbursable funding in the amount of $500,000 for completion of the construction for the Pecan Drive/Buckner Lane Roadway Project. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7258; BK 31; PG AGREEMENT WITH GEOTECH FOR STUDY & DESIGN OF PECAN DRIVE PHASE II ROADWAY PROJECT Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT FOR THE STUDY AND DESIGN OF PECAN DRIVE PHASE II ROADWAY PROJECT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an Engineering Services Agreement between the city of Paducah, Kentucky, and Geotech Engineering & Testing, Inc., in the amount of $257,500 for professional engineering services for the study and design of the Pecan Drive Phase II Roadway Project. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7259; BK 31; PG AGREEMENT WITH JJR FOR BOAT RAMP ENGINEERING DESIGN Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH JJR, LLC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE OHIO RIVER BOAT LAUNCH PROJECT." This ordinance is summarized as follows: That the Mayor of the FEBRUARY 27, 2007 City of Paducah is hereby authorized and directed to execute an agreement with JJR, LLC in the amount of $155,275.00 for professional engineering services for the design of the Ohio River Boat Launch Project. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Pro Tem Coleman (4). ORD.#2007-2-7260; BK 31; PG ORDINANCES — INTRODUCTION AGREEMENT WITH KY TRANSPORTATION CABINET/DEPT. OF GOVERNMENTAL RELATIONS FOR MUNICIPAL ROAD AID DISCRETIONARY BOND FUNDING Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF GOVERNMENTAL RELATIONS, AND THE CITY OF PADUCAH, KENTUCKY, FOR RESURFACING OF APPROVED CITY STREETS." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a reimbursement agreement between the Commonwealth of Kentucky, Transportation Cabinet, Department of Governmental Relations, and the City of Paducah, Kentucky, for Municipal Road Aid Discretionary Bond funding in an amount not to exceed $450,000 for the bituminous resurfacing of approved city streets. This funding is in addition to the regular municipal aid funds received for the 2006-2007 fiscal year. CITY MANAGER REPORT • Requested City Commission workshop be rescheduled from March 6 to March 5 due to the DOE holding a public hearing regarding the GNEP program. • Requested a brief executive session for economic development. PUBLIC COMMENTS • Gladman Humbles, resident, doesn't agree with the rental property ordinance. • Shelly Keeling, resident, disagrees with Paducah Power System's termination of service policy. • Myra Henderson, rental property owner in Fountain Avenue Neighborhood area, disagrees with the proposed Fountain Avenue Neighborhood plan. EXECUTIVE SESSION Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board go into closed session for discussion of matters pertaining to the following topics: 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 Kaler, Smith, Watkins and Mayor Pro Tem Coleman (4). Upon motion the meeting adjourned. ADOPTED: March 13 , 2007 Jymaxam J. &x --k City Clerk 209