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HomeMy WebLinkAbout09/12/06113 SEPTEMBER 12, 2006 At a Regular Meeting of the Board of Commissioners, held on Tuesday, September 12, 2006, at 6:00 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). Commissioner Smith was absent (1). ADDITIONS/DELETIONS Tom Barnet (Director of Planning), Acting City Manager, asked the Commission to change Item V (A) — Purchase Thermal Imaging Cameras for Fire Department to an introduction. He also asked for the introduction of the ordinance regulating smoking in public places be move to be discussed and introduced after the workshop item. PROCLAMATION y Mayor Paxton presented a proclamation to representatives of the McCracken County 4-H Extension Center proclaiming September 25, 2006, as "Family Day -A Day to Eat Dinner with Your Children". WORKSHOP DOE TASK FORCE Judge Orazine introduced John Anderson who works at the AD office and is a member of the Task Force. Mr. Anderson briefed the Commission on the goals and duties of the Task Force. A copy of his report for the Paducah Uranium Plant Asset Utilization Task Force is in the minute file. MOTION SUSPEND ORDER OF BUSINESS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor Paxton (4). SMOKING REGULATIONS IN PUBLIC PLACES Melissa Yates, attorney from Denton & Keuler (City's corporation counsel), informed the Commission that she has prepared two ordinances. One ordinance has few exemptions such as private dwelling, private clubs, etc. The other ordinance has the same exemptions but also includes bars and truck stops. Denton & Keuler recommends the City adopt the smoking ban ordinance with the least exemptions. Ms. Yates believes that the ordinance with exemptions of bars and truck stops will be more open to legal challenges and is harder to enforce. The ordinance without the exemption of bars and truck stops is closely patterned after Lexington's ordinance and has been tested in the Kentucky Supreme Court. Mayor Paxton announced that Commissioner Smith will abstain due to conflict of interest due to his employer distributing foods to bars and restaurants. Mayor Paxton allowed Phyllis Collins, owner of KC's Recreation Room, to speak in opposition to the smoking ban. Ms. Collins believes strongly that this ban will cause her business to extremely suffer. ORDINANCE — INTRODUCTION SMOKING REGULATION IN PUBLIC PLACES WITH LESS EXEMPTIONS Commissioner Sirk offered motion, seconded by Mayor Paxton, that the Board of Commissioners of the City of Paducah introduce an ordinance entitled, "AN ORDINANCE CREATING ARTICLE III OF CHAPTER 54 OF THE CITY OF PADUCAH CODE OF ORDINANCES RELATING TO THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF TOBACCO PRODUCTS IN BUILDINGS OPEN TO THE PUBLIC." This ordinance is summarized as follows: A new Article III of Chapter 54 of the City of Paducah Code of Ordinances is hereby created to prohibit the smoking of tobacco products in buildings open to the public. Exceptions to this ordinance are provided for private dwellings, unless those dwellings are used as a private day care, in rooms where purely private social function are being held, in retail tobacco stores, for performers in theatrical performances, indoor smoking 114 SEPTEMBER 12, 2006 areas established pursuant to KRS 61.165, facilities which are not open to the public and operated by private organizations, and in tobacco warehouses. Further, Section 8 of this ordinance provides penalties for whoever violates any provision of this ordinance and for which no penalty is otherwise provided. The penalties provided by Section 8 are as follows: A. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of a violation of the same, which violation shall be punishable by a fine not exceeding fifty dollars ($50.00). B. A person in control of a building or enclosed area who fails to comply with the provisions of this Ordinance shall be guilty of a violation punishable by: (1) A fine not exceeding fifty dollars ($50.00) for a first violation within a twelve month period. (2) A fine not exceeding one -hundred dollars ($100.00) for a second violation within a twelve month period. (3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within a twelve month period. C. Persons who smoke in an area where smoking is prohibited by this Ordinance and who refuse to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked. D. In addition to the fines established by this Section, violation of this Ordinance by a person who controls a building or enclosed area more than three (3) times in any twelve-month period may result in the suspension or revocation of any permit or business license issued by the City to the person for the premises on which the violation occurred. E. Violation of this Ordinance is declared to be a public nuisance which may be abated by the City or its designated agents by restraining order, preliminary and permanent injunction or other means provided for by law. The City may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance. F. Each calendar day on which a violation of this Ordinance occurs shall be considered a separate and distinct offense. SMOKING REGULATIONS WITH EXEMPTIONS WHICH INCLUDE BARS & TRUCK STOPS Commissioner Coleman offered motion, seconded by Mayor Paxton, that the Board of Commissioners of the City of Paducah introduce an ordinance entitled, "AN ORDINANCE CREATING ARTICLE OF CHAPTER _ OF THE CITY OF PADUCAH CODE OF ORDINANCES RELATING TO THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF TOBACCO PRODUCTS IN BUILDINGS OPEN TO THE PUBLIC." This ordinance is summarized as follows: A new Article III of Chapter 54 of the City of Paducah Code of Ordinances is hereby created to prohibit the smoking of tobacco products in buildings open to the public. Exceptions to this ordinance are provided for private dwellings, unless those dwellings are used as a private day care, in rooms where purely private social function are being held, in retail tobacco stores, for performers in theatrical performances, indoor smoking areas established pursuant to KRS 61.165, facilities which are not open to the public and operated by private organizations, in tobacco warehouses, bars, and truckstops. Further, Section 8 of this ordinance provides penalties for whoever violates any provision of this ordinance and for which no penalty is otherwise provided. The penalties provided by Section 8 are as follows: 115 SEPTEMBER 12, 2006 A. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of a violation of the same, which violation shall be punishable by a fine not exceeding fifty dollars ($50.00). B. A person in control of a building or enclosed area who fails to comply with the provisions of this Ordinance shall be guilty of a violation punishable by: (1) A fine not exceeding fifty dollars ($50.00) for a first violation within a twelve month period. (2) A fine not exceeding one -hundred dollars ($100.00) for a second violation within a twelve month period. (3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within a twelve month period. C. Persons who smoke in an area where smoking is prohibited by this Ordinance and who refuse to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked. D. In addition to the fines established by this Section, violation of this Ordinance by a person who controls a building or enclosed area more than three (3) times in any twelve-month period may result in the suspension or revocation of any permit or business license issued by the City to the person for the premises on which the violation occurred. E. Violation of this Ordinance is declared to be a public nuisance which may be abated by the City or its designated agents by restraining order, preliminary and permanent injunction or other means provided for by law. The City may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance. F. Each calendar day on which a violation of this Ordinance occurs shall be considered a separate and distinct offense. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Called Meeting Minutes for August 22nd, 2006, 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, Guess, Sirk and Mayor Paxton (4). APPOINTMENTS PADUCAH HUMAN RIGHTS COMMISSION Mayor Paxton made the following reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Bernice Belt, Vicki Brantley, and Mary Thorsby to the Board of Paducah Human Rights Commission. These terms will expire July 24, 2009." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Bernice Belt, Vicki Brantley, and Mary Thorsby to the Board of the Paducah Human Rights Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). RIVER HERITAGE CENTER BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Tom Montgomery to the River Heritage Center Board to replace John Operle whose term has expired. This term will expire June 30, 2009." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in appointing Tom Montgomery as a member of the River Heritage Center Board. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). PADUCAH MAIN STREET BOARD OF DIRECTORS Mayor Paxton made the following appointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Sharon Poat as a member of the Paducah Main Street Board of Directors to replace David Nelson whose term has expired. This term will expire March 1, 2009; and, WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Keith Wilke as a member of the Paducah Main Street Board of Directors to replace Danny James whose term has expired. This term will expire March 1, 2009." 116 SEPTEMBER 12, 2006 Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in appointing Sharon Poat and Keith Wilke as members of the Paducah Main Street Board of Directors. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: DOCUMENTS 1. Contracts/Agreements: (a) Paducah Main Street Contract Amendment to Include Funds for Marketing and Incentives (2006-8-7159) (b) Aramark Uniform Services for Rental and Cleaning of Uniforms (2006-8-7164) (c) Lakewood Villas Residential Infill Development Agreement (2006-8-7160) (d) C.F. I. Inc. for Purchase of Commercial Grade Mowers (2006-8-7158) (e) Reimbursement Agreement with Paducah Housing Authority for Concrete Construction (2006-8-7163) (f) Reimbursement Agreement with Paducah Power System for Electrical Construction on the Olivet Church Road Left Turn Lane at James Sanders Boulevard (2006-8- 7162) (g) Paducah -McCracken County Office of Emergency Management/DES for Specific Services (h) Change Order No. 1 with WasteQuip Holt for Purchase of Additional Waste Containers (2006-7-7143) (i) ERB Equipment for Purchase of a John Deere Wheel Loader (2006-8-7157) (j) ORR Safety Corporation for Purchase of Safety Equipment for the Fire Department (2006-6-7138 and 2006-6-7139) (k) Paducah Ford, Inc. for Purchase of Vehicles (2006-8-7156) (1) Memorandum of Understanding with Williams, Williams & Lentz for Audit Services for Paducah Power System for Year Ended June 30, 2006 2. Deeds: (a) Kelly Hooper and wife, Debbie Hooper for Property at 1909 Guthrie (M.O. 1227) (b) Commissioner's Deed for Property at 833 South 5t' Street (c) Commissioner's Deed for Property at 1165 North 11 th Street 3. City of Paducah, Kentucky Annual Budget for Fiscal -Year 2006-2007 4. Notice of Cancellation for the Board of Commissioners of the City of Paducah for September 5, 2006 Paducah Water Works Financial Highlights for July, 2006 BIDS PARKS SERVICES PLAYGROUND SURFACING 1. David Williams & Associates 2. Safe Structures LLC DISC GOLF COURSE 1. HBC GROUP LLC Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Sirk offered motion, seconded by Commissioner Guess, 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, Guess, Sirk and Mayor Paxton (4). Commissioner Sirk was absent (1). WAIVER OF INDEBTEDNESS AND EXECUTION OF DEED OF RELEASE OF MORTGAGE LIEN HELD AND ENCUMBERING REAL PROPERTY LOCATED AT 117 SOUTH FIRST STREET OCCUPIED BY THE SEAMAN'S CHURCH INSTITUTE 117 SEPTEMBER 12, 2006 Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE WAIVER OF THE INDEBTEDNESS AND THE EXECUTION OF THE DEED OF RELEASE OF THE MORTGAGE LIEN HELD AND ENCUMBERING THE REAL PROPERTY LOCATED AT 117 SOUTH FIRST STREET, PADUCAH, KENTUCKY, OCCUPIED BY THE SEAMAN'S CHURCH INSTITUTE," be adopted. Adopted on call of the roll, yeas Commissioner Coleman, Guess, Sirk and Mayor Paxton (4). M.O.#1232; BK 6; PG TRANSFER PROPERTY LOCATED AT 1334 MADISON STREET TO WEST KENTUCKY COMMUNITY AND TECHNICAL COLLEGE FOR FOUNTAIN AVENUE NEIGHBORHOOD REVITALIZATION PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL PROPERTY LOCATED AT 1334 MADISON STREET TO WEST KENTUCKY COMMUNITY AND TECHNICAL COLLEGE AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ANY NECESSARY DOCUMENTS RELATING TO SAME," be adopted. Adopted on call of the roll, yeas Commissioner Coleman, Guess, Sirk and Mayor Paxton (4). M.O.#1233; BK 6; PG ORDINANCE — EMERGENCY SETTLEMENT AGREEMENT WITH JOHN FALES FOR RIGHT OF WAY ACQUISITION PECAN DRIVE/BUCKNER LANE ROADWAY PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE SETTLEMENT WITH JOHN P. FALES AND WIFE, JEANINE FAZES, FOR ACQUISITION OF RIGHT OF WAY FOR THE PECAN DRIVE/BUCKNER LANE ROADWAY PROJECT." This ordinance is summarized as follows: The City of Paducah approves the settlement agreement with John P. Fales, et al, regarding the resolution of the condemnation action for the improvement of the Pecan Drive/Buckner Lane Roadway. The Mayor is authorized to accept on behalf of the City - the full release of all claims and to execute the Deed of Conveyance and all documents necessary for the acquisition of the real property. Further, the City authorizes and directs the Finance Director to issue payment for the additional sum of $4,000. Said sum is the difference between the agreed compensation and the $25,000 previously approved and paid by the City. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor Paxton (4). ORD.#2006-9-7166; BK 31; PG ORDINANCES — ADOPTION CREATE OUTDOOR SALES ORDINANCE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SALE OF MERCHANDISE OUTDOORS WITHIN THE CITY OF PADUCAH." This ordinance is summarized as follows: The City of Paducah hereby establishes regulations for the sale of merchandise outdoors within the City of Paducah. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). ORD.#2006-9-7167;BK 31; PG FUNDING FOR PAXTON PARK GOLF COURSE Commissioner Sirk offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH PAXTON PARK GOLF BOARD FOR SPECIFIC SERVICES AND AUTHORIZE THE FINANCE DIRECTOR TO TRANSFER FUNDS TO SAID BOARD." This ordinance is summarized as follows: The City of Paducah authorizes and directs the Mayor to execute a contract with Paxton Park Golf Board in the amount of $36,000 for specific services for the Paducah area and authorize the Finance Director to transfer said funds from Commission Contingency. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). ORD.#2006-9-7168;BK 31; PG 118 SEPTEMBER 12, 2006 COMMISSION CHAMBERS SOUND UPGRADE ADDITION Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.2 WITH SOUTHERN BUSINESS COMMUNICATIONS FOR THE COMMISSION CHAMBER SOUND SYSTEM UPGRADE." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 2 for an increase in the amount of $2,510.88 for the City of Paducah's commission chamber sound system upgrade, increasing the total contract price to $26,510.65. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor Paxton (4). ORD.#2006-9-7169;BK 31; PG ORDINANCES — INTRODUCTION PURCHASE THERMAL IMAGING CAMERAS Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF THERMAL IMAGING CAMERAS FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is authorized to pay the total sum of $27,540.00 to First In Rescue Equipment, Inc. for the purchase of four Scott Eagle Imager 160 Thermal Imaging Cameras with Truck Mounted Chargers for the City of Paducah's Fire Department, in compliance with Kentucky State Purchasing Contract and authorizes the Mayor to execute a contract for same. ACCEPT 2006 KENTUCKY INFRASTRUCTURE AUTHORITY GRANT AWARD Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL DOCUMENTS NECESSARY TO OBTAIN FUNDS FROM THE KENTUCKY INFRASTRUCTURE AUTHORITY FOR CONSTRUCTION OF WATER LINES ON SHEMWELL LANE." This ordinance is summarized as follows: The Mayor is hereby authorized to execute an agreement and all documents necessary with the Kentucky Infrastructure Authority to obtain funds in the amount of $140,000 to be used for the construction of water lines on Shemwell Lane. Paducah Water Works will administer the funds for the City. DECLASSIFICATION OF CIVIL SERVICE POSITIONS PURSUANT TO AFSCME CONTRACT Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RECLASSIFYING CERTAIN POSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE." This ordinance is summarized as follows: The class of positions at the City of Paducah which are within the AFSCME union, as specifically identified herein, is hereby designated as non -civil service. Those positions are as follows: Floodwall Solid Waste Div. Operator Collector Truck Driver Equipment Operator Solid Waste Recycling Div. Compost Equipment Operator Traffic Div. Traffic Technician Fleet Div. Landscaping Div Mechanic I Laborer Street Div. Equipment Operator Right of Way Maintenance Person Concrete Finisher Maintenance Div. Janitor Laborer Specialist Maintenance Person #1 119 SEPTEMBER 12, 2006 Persons employed in the previously -referenced positions upon the effective date of this Ordinance shall continue to be covered by the provisions of KRS Chapter 90 for such time as he/she is employed in such position notwithstanding the reclassification of the position to non -civil service. REIMBURSEMENT AGREEMENT WITH PADUCAH WATER FOR THE RELOCATION OF WATER LINES REQUIRED FOR THE OLIVET CHURCH ROAD LEFT TURN ROADWAY IMPROVEMENT PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH WATER WORKS FOR THE RELOCATION OF WATER LINES FOR THE OLIVET CHURCH ROAD LEFT TURN LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a contract between Paducah Water Works and the City of Paducah, Kentucky, for reimbursement of the relocation of water lines required for the Olivet Church Road Left Turn Lane Roadway Improvement Project, estimated at $58,718.26. In the event the total invoice amount exceeds this estimated amount required to complete said project, payment of all materials actually installed shall be made to Paducah Water Works by the City. FY2006/2007 CITY PROPERTY TAX LEVIES Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2006, THROUGH JUNE 30, 2007, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED". PURPOSE RATE PER $100.00 General Fund of the City Real Property $0.275 Personal Property $0.390 School Purposes Paducah Junior College Real Estate $0.019 Personal Property $0.019 The City of Paducah shall collect the following taxes for the Board of Education: Paducah Independent School District Real Property $0.628 Personal Property $0.635 Inventory $0.635 Total Tax Rate per $100 - real property $0.922 Total Tax Rate per $100 - personal property $1.044 Total Tax Rate per $100 — inventory $0.635 Property taxes levied herein shall be due and payable in the following manner: In the case of tax bills which reflect an amount due of less than Two Hundred Seventy Five Dollars ($275.00), the payment shall be due on November 1, 2006, and shall be payable without penalty and interest until November 30, 2006. In the case of all other tax bills, payment shall be in accordance with the following provisions: ■ The first half payment shall be due on November 1, 2006, and shall be payable without penalty and interest until November 30, 2006. 120 SEPTEMBER 12, 2006 ■ The second half payment shall be due on February 1, 2007, and shall be payable without penalty and interest until February 28, 2007. AMEND OCCUPATIONAL LICENSE ORDINANCE FOR CLARIFICATION OF EMPLOYEE RETURN OF LICENSE FEE WITHHELD Commissioner Sirk offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 106-183 AND SECTION 106-186 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: The City of Paducah hereby amends Section 106-183, to clarify that compensation earned when work performed outside the city limits at the choice of the employee when such work could have been performed in the limits of the City is taxable. Section 106-186 is amended and set out in full as follows: All license fees imposed by this article which remain unpaid after they become due shall bear interest at the rate of one-half percent (0.5%) for each additional month in which the license fees remain unpaid,, and any person who has failed to pay such license fees when the same became due shall also be charged a penalty of ten percent (10%) of the total amount of the unpaid license fees. Any person or employer who fails or refuses to withhold any license fee payable under this article, or who fails to pay such fees, after withholding the same, to the Finance Director at the time they are due, shall be liable to the city for such fees, as well as for the aforesaid interest and penalty amounts. The minimum penalty imposed against such person, employer and/or employee shall be $1.00." ANNEX PROPERTY ADJACENT TO INFORMATION AGE PARK Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY INTENT TO ANNEX 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 THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Approving intent to annex a tract of property contiguous to the present city limits, located west of the Information Age Park, containing 49.091 acres, more or less. AMEND SIGN REGULATIONS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-76, SIGN REGULATIONS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES- OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-76, Sign regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, be amended to allow electronic signs to change once every minute and to allow signs on the sides of permanent canopies or mansard roofs. AMEND ZONING ORDINANCE FOR ACCESSORY STRUCTURES Commissioner Sirk offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE CREATING SECTION 126-86, ACCESSORY STRUCTURES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Establishing requirements for the placement of accessory structures on private and public property within the city limits of the City of Paducah, Kentucky. GREENWAY TRAIL WETLAND DELINEATION CONTRACT EXTENSION Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR COMPLETION OF THE DELINEATION PROCESS AND PREPARATION OF THE MITIGATION PLAN FOR THE GREENWAY TRAIL." This ordinance is summarized as follows: That the Mayor of the City of Paducah is hereby authorized and directed to execute an agreement with 5H Technologies, Inc., in an amount not to exceed $30,000 for completion of the delineation process and preparation of the mitigation plan for the Greenway Trail segment from Stuart Nelson Park to Bob Noble Park. SEPTEMBER 12, 2006 David Hutcheson, with 5H Technologies, explained the process the City will have to go through regarding the construction of the Greenway Trail & Wetlands Delineation due to portions of the trail being in wetland areas. 2006 PLAYGROUND SURFACING RENOVATON Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF BONDED RUBBER SURFACING FOR INSTALLATION AT KEILER AND BLACKBURN PARKS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is J summarized as follows: The City of Paducah accepts the bid of David Williams & Associates, in the amount of $59,268.00, for purchase of bonded rubber surfacing for installation at Keiler and Blackburn Parks, and authorizes the Mayor to execute a contract for same. ACCEPT BID FOR CONSTRUCTION OF A DISC GOLF COURSE Commissioner Sirk offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF HBC GROUP, LLC, FOR THE DESIGN AND INSTALLATION OF A DISC GOLF COURSE 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 HBC Group, LLC, in the amount of $30,968.00, for design and installation of a disc golf course in Stuart Nelson Park, and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT LEAF COLLECTION PLAN Earnie Via, Public Works Director, gave an overview of the Leaf Program for this fall. A copy is in the minute file. Leaf collection will be October 23 through December 22. There will be two zones One will be a vacuum zone and the other will be a biodegradable bag zone. PUBLIC COMMENTS Ralph Priddy spoke in support of Melvin Moss. He feels that the City is harassing Mr. Moss regarding the signs on his property. (Mr. Moss placed signs on private property due to a situation with the Paducah Housing Authority.) CITY MANAGER REPORT • Calendar Items The budget for FY2006-2007 has been distributed. Sen. McConnell will present a check to the City for $5.6M on August 28, 2006, for riverfront redevelopment. The City Manager requested Police Chief Bratton give a summary of last night's incident involving shots being fired in the 1200 block of North 12th Street. Upon motion the meeting adjourned. ADOPTED: September 26 '2006 City Clerk Z, e \ Mayor 121