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HomeMy WebLinkAbout09/26/06122 SEPTEMBER 26, 2006 At a Regular Meeting of the Board of Commissioners, held on Tuesday, September 26, 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, Smith and Mayor Paxton (5). ADDITIONS/DELETIONS Item VI(E), Create Tax Increment Financing District, was pulled from the agenda and will be discussed at the Commission Workshop on October 3, 2006. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for August 22"d and September 12th, 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, Smith and Mayor Paxton (5). APPOINTMENTS PADUCAH PLANNING COMMISSION Mayor Paxton made the following reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Robert C. Manchester and Cathy Crecelius as members of the Paducah Planning Commission. These terms will expire August 31, 2010." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Robert C. Manchester and Cathy Crecelius as members of the Paducah Planning Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: DOCUMENTS 1. Certificate of Insurance: (a) John Grassham d/b/a Construction Plus 2. Contracts/Agreements: (a) Online Justice Assistance Grant through the U.S. Department of Justice (2006-3-7084) (b) Joint City/County Transportation Enhancement Program Letter of Agreement for Olivet Church Roadway Improvement Project (2005-12-7052) (c) BiogroupUSA for Purchase of Biodegradable Leaf Bags (2006-8-7165) (d) Change Order #1 with Southern Business Communications (2006-7-7147) (e) Change Order #2 with Southern Business Communications (2006-9-7169) (f) William Clark Market House Museum Board for Specific Services (g) Paducah Area Chamber of Commerce for Specific Services 3. Deeds: (a) John Fales and wife, Jeanine Fales for 200 Pecan Drive (2006-9-7166) 4. Notice of Cancellation for the Board of Commissioners of the City of Paducah for September 19, 2006 5. Notice of Called Meeting for the Paducah Cable Communications Authority on September 14, 2006. 6. Petitions Against the Smoking Ban (7) 7. Petition For the Smoking Ban (1) BIDS PUBLIC WORKS DEPARTMENT GROUNDS MAINTENANCE FOR CITY OWNED LOTS 1. Kinsey's Lawn & Tractor Service 2. D&S Lawn Service ROOF REPLACEMENT ON 3 CITY BUILDINGS Atlas Roofing * 123 SEPTEMBER 26, 2006 2. Bouldin Roofing Company *=bid accepted Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Sirk 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 Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORDINANCES — ADOPTION SMOKING REGULATION IN PUBLIC PLACES W/EXEMPTIONS OF BARS, TRUCK STOPS, ETC. — died for lack of a second Commissioner Coleman offered motion, that the Board of Commissioners of the City of Paducah adopt 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 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: 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. 124 SEPTEMBER 26, 2006 F. Each calendar day on which a violation of this Ordinance occurs shall be considered a separate and distinct offense. SINCE THE MOTION DID NOT RECEIVE A SECOND THE MOTION DIED SMOKING REGULATIONS IN PUBLIC PLACES W/O EXEMPTIONS Mayor Paxton offered motion, seconded by Commissioner Sirk, that the Board of Commissioners of the City of Paducah adopt 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 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. ADOPT AMENDMENT TO INCLUDE EFFECTIVE DATE Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the 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," be amended to include that all provisions of the ordinance shall be effective April 1, 2007. 125 SEPTEMBER 26, 2006 Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, and Mayor Paxton (3). Abstain, Commissioner Smith (1)*. Nay, Commissioner Guess (1). ADOPT ORDINANCE FOR SMOKING REGULATIONS IN PUBLIC PLACES W/O EXEMPTIONS WITH AMENDMENT OF EFFECTIVE DATE OF APRIL 1, 2007 Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the 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," which was introduced on September 12, 2006, and amended on September 26, 2006, to include that all provisions of the ordinance shall be effective April 1, 2007, be adopted. Further 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 functions 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, 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. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, and Mayor Paxton (3). Abstain, Commissioner Smith (1)*. Nay, Commissioner Guess (1). ORD.#2006-9-7170;BK 31; PG *Commissioner Smith abstained due to conflict of interest with his employer/Alliant Foods. They provide food to restaurants and bars. SUSPEND ORDER OF BUSINESS Commissioner Coleman offered motion, seconded by Commissioner Guess, 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. 126 SEPTEMBER 26, 2006 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). Mayor Paxton left the meeting. Hardy Roberts, Chairman of the Paducah Cable Communications Authority, reported that after 3 % years the Cable Authority recommends the following ordinance. Mr. Roberts believes the Authority got the best deal they could get. The Franchise Agreement is for 10 years and is non-exclusive. Main change is that telephone businesses are getting into the cable business and cable businesses are getting into the phone business. He feels this may be the City's last franchise agreement due to the Federal government taking over more cable regulations. ORDINANCE — INTRODUCTION ABOLISH & RECREATE CABLE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The purpose of the Ordinance is to provide for and specify the means to attain the best possible cable television services for the public by imposing requirements for the provision of cable television service with respect to technical standards, customer service obligations, local community programming and related matters. The Ordinance includes the following requirements: 1) Franchisee must operate and maintain a system providing a minimum of 80 channels; 2) requires Franchisee to comply with applicable state law regarding the payment of fees, costs and other consideration for the right to provide cable service in the City; 3) requires Franchisee to provide a performance bond during system construction in the amount of $250,000 and upon completion of system construction the amount shall drop to $25,000; 4) requires Franchisee to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires aggressive regulation of the City's public rights- of-way; and 6) requires strong customer service obligations. APPROVE FRANCHISE AGREEMENT WITH COMCAST Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH." This ordinance is summarized as follows: The City of Paducah hereby grants a non-exclusive franchise to Comcast of the South to continue operate and maintain a cable television system within the City and the Franchise includes the following requirements: 1) Comcast must operate and maintain a system providing a minimum of 80 channels; 2) a ten (10) year franchise term; 3) requires Comcast to provide three (3) channels available for local public, educational and governmental programming; 4) requires Comcast to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires Comcast to collect $.25 per subscriber, per month to support fee to fund PEG access capital expenditures; and 6) requires Comcast to continue to provide and maintain the existing institutional network connecting public facilities. ORDINANCES — ADOPTION ACCEPT 2006 KENTUCKY INFRASTRUCTURE AUTHORITY GRANT AWARD Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt 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 127 SEPTEMBER 26, 2006 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor ProTem Smith (4). ORD.#2006-9-7171; BK 31; PG DECLASSIFICATION OF CIVIL SERVICE POSITIONS PURSUANT TO AFSCME CONTRACT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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. Fleet Div. Landscaping Div. Operator Collector Mechanic I Laborer Truck Driver Equipment Operator Solid Waste Recycling Div. Street Div. Compost Equipment Operator Equipment Operator Right of Way Maintenance Person Concrete Finisher Traffic Div. Maintenance Div. Traffic Technician Janitor Laborer Specialist Maintenance Person #1 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7172; BK 31; PG REIMBURSEMENT AGREEMENT WITH PADUCAH WATER FOR THE RELOCATION OF WATER LINES REQUIRED FOR THE OLIVET CHURCH ROAD LEFT TURN ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor ProTem Smith (4). ORD.#2006-9-7173; BK 31; PG FY2006/2007 CITY PROPERTY TAX LEVIES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, 128 SEPTEMBER 26, 2006 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 General Fund of the City Real Property Personal Property School Purposes Paducah Junior College Real Estate Personal Property RATE PER $100.00 $0.275 $0.390 $0.019 $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. ■ The second half payment shall be due on February 1, 2007, and shall be payable without penalty and interest until February 28, 2007. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk and Mayor ProTem Smith (4). ORD.#2006-9-7174; BK 31; PG AMEND OCCUPATIONAL LICENSE ORDINANCE FOR CLARIFICATION OF EMPLOYEE RETURN OF LICENSE FEE WITHHELD Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt 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." 129 SEPTEMBER 26, 2006 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7175; BK 31; PG ANNEX PROPERTY ADJACENT TO INFORMATION AGE PARK Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7176; BK 31; PG AMEND SIGN REGULATIONS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7177; BK 31; PG AMEND ZONING ORDINANCE FOR ACCESSORY STRUCTURES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7178; BK 31; PG GREENWAY TRAIL WETLAND DELINEATION CONTRACT EXTENSION Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7179; BK 31; PG 2006 PLAYGROUND SURFACING RENOVATON Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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 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 130 SEPTEMBER 26, 2006 installation at Keiler and Blackburn Parks, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7180; BK 31; PG ACCEPT BID FOR CONSTRUCTION OF A DISC GOLF COURSE Commissioner Guess offered motion, seconded by,Commissioner Coleman, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORD.#2006-9-7181; BK 31; PG TABLE PURCHASE OF THERMAL IMAGING CAMERAS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners table 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" which was introduced on September 12, 2006. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). ORDINANCES — INTRODUCTION INTERLOCAL AGREEMENTS WITH COUNTY FOR GRANTS ADMINISTRATOR & NETWORK ADMINISTRATOR Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT AGREEMENTS BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR SHARED EMPLOYEES." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute Interlocal Cooperation Management Agreements between the City of Paducah and the County of McCracken, Kentucky, for the shared positions of grants administrator and network administrator. The County shall compensate the City one-half of the annual salaries and benefits for both positions. INTERLOCAL AGREEMENT WITH COUNTY AND THE JOINT SEWER AGENCY FOR NETWORK TECHNICIAN Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF McCRACKEN, KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY FOR A NETWORK TECHNICIAN." That the Mayor is hereby authorized to execute an Interlocal Cooperation Management Agreement between the City of Paducah, County of McCracken, Kentucky, and the Paducah -McCracken _ County Joint Sewer Agency for the position of network technician. The County and the Joint Sewer Agency shall compensate the City one-third of the annual salary and benefits for the position. AMEND ABOVE ORDINANCE TO REFLECT CHANGE IN PAYMENT AMOUNTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners amend the ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF McCRACKEN, KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY FOR A NETWORK TECHNICIAN," changing the 131 SEPTEMBER 26, 2006 compensation for the County to 35%, for the Joint Sewer Agency to 30% and the City to 35%. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, and Mayor ProTem Smith (4). CONTRACTS FOR ROOF REPLACEMENT --POLICE DEPT. PARKING GARAGE Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ATLAS ROOFING FOR REPLACEMENT OF THE ROOF FOR THE POLICE DEPARTMENT GARAGE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Atlas Roofing, in an amount not exceed $51,727.20 for the replacement of the roof for the Police Department Garage, and authorizes the Mayor to execute a contract for same. --MARKET HOUSE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF BOULDIN ROOFING COMPANY FOR REPLACEMENT OF THE ROOF FOR THE MARKET HOUSE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Bouldin Roofing Company, in an amount not to exceed $42,000.00 for the replacement of the roof for the Market House, and authorizes the Mayor to execute a contract for same. Commission asked Mr. Via, Public Works Director, to find out the costs (pros & cons) for having an antique style standing seam metal roof instead of a shingled roof. --FIRE STATION #5 Commissioner Sirk offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF BOULDIN ROOFING COMPANY FOR REPLACEMENT OF THE ROOF FOR FIRE STATION #5, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Bouldin Roofing Company, in an amount not to exceed $13,420.80 for the replacement of the roof for Fire Station #5, and authorizes the Mayor to execute a contract for same. APPROVE CONTRACT FOR GROUNDS MAINTENANCE Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR GROUNDS MAINTENANCE OF CITY OWNED PROPERTIES, 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 Kinsey's Lawn & Tractor, in an amount not to exceed $60,000.00, for grounds maintenance of city owned properties and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT Calendar Items Fire Chief will report on City's ISO Rating in a couple of weeks Rick Murphy, City Engineer, reported that the Pecan Drive -Buckner Lane Roadway Improvement Project will be completed by Thanksgiving unless delayed by weather. Upon motion the meeting adjourned. ADOPTED: October 10 , 2006 Jwn�7wy.� -, kocJ( City Clerk Mayor