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Home My WebLink About05/23/06M. MAY 23, 2006 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 23, 2006, at 6:00 p.m., Mayor Paxton presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). SMOKE-FREE RESTAURANTS PLAQUE PRESENTATION & UPDATE Craig Kittner, Chairman of the Voluntary Smoke -Free Task Force, along with Mayor Paxton, presented plaques to the following restaurants that either opened as a smoke-free restaurant or has recently changed their policy to not allow smoking inside their restaurant: Ca16 DeLa Cobb, Parcells, Global Nomad, Loaf, T&K Soulfood, Daylight Donuts, G&O Pharmacy, and Yesterday's. Including these restaurants, the City now has 38 restaurants that are smoke-free. Mr. Kittner then presented an update of the committee's progress and requested a budget of $5,000 from the Commission for rack cards that will be distributed at numerous locations throughout the City and in utility bills, radio ads, and plaques for restaurants. The Mayor asked for a formal request from the Committee. Ray McClennen, board member of Paducah Power, offered to send out the rack cards with Paducah Power bills. PARKS SUMMER PROGRAMS UPDATE Laurie Blount, Community Recreation Supervisor, gave a power point presentation of the 2006 summer programs available to residents. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for May 9th and May 17th, 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, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). APPOINTMENTS BOARD OF ETHICS Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mark C. Whitlow as a member of the Board of Ethics, which term will expire February 10, 2009." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Mark C. Whitlow as a member of the Board of Ethics. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). HUMAN RIGHTS COMMISSION Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Mary Thorsby as a member of the Paducah Human Rights Commission to replace Betty Polashock who has resigned. This term will expire July 24, 2006." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in appointing Mary Thorsby as a member of the Paducah Human Rights Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents and bids be received and filed: DOCUMENTS 1. Right of Way Bond: (a) Wilkins Construction Company, Inc. 67 MAY 23, 2006 2. Contracts/Agreements: (a) Lake Contracting—Skate Concepts for the Paducah Skatepark Project at Noble Park including Drawings and Specifications (2006-5-7113) 3. Letters of Rejection and Bids for Original Design of Skatepark in Noble Park 4. Notice of Called Meeting for the Voluntary Smoke -Free Task Force on May 10, 2006 5. Notice of Cancellation of the Meeting for May 16, 2006 for the Board of Commissioners of the City of Paducah BIDS PARKS SERVICES j USDA SUMMER FOOD PROGRAM 1. Paducah Public Schools 2. McCracken County Schools 3. Popeye's Chicken 4. Applebee's Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). MUNICIPAL ORDERS QUITCLAIM OF REMNANT PROPERTY LOCATED AT 245 PECAN DRIVE FOR THE PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF REMNANT PROPERTY LOCATED AT 245 PECAN DRIVE IN THE AMOUNT OF $6,750 BY THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). M.O.#1215; BK 6; PG ACCEPT RIGHT-OF-WAY FOR PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER OF A PORTION OF REAL PROPERTY LOCATED AT 2730 JAMES SANDERS BOUELEVARD AND/OR 4555 VILLAGE SQUARE DRIVE, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). M.O.#1216; BK 6; PG TRANSFER PROPERTY AT 1414 NORTH 8"' STREET TO JSA Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL PROPERTY LOCATED AT 1414 NORTH 8TH STREET TO PADUCAH- MCCRACKEN COUNTY JOINT SEWER AGENCY 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, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). M.O.#1217; BK 6; PG AMEND PAYROLL TABLES FOR PUBLIC WORKS REORGANIZATION Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 1, CLASSIFICATIONS/ PAY SCHEDULE FOR CIVIL SERVICE, TABLE 2, NON - CIVIL SERVICE, POLICE AND FIRE, AND TABLE 3 GRADE, CLASSIFICATION AND SALARY RANGE FOR CHANGES WITHIN THE PUBLIC WORKS DEPARTMENT, POLICE AND PLANNING DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). M.O.#1218; BK 6; PG N MAY 23, 2006 PERSONNEL CHANGES Commissioner Guess offered motion, seconded by Commissioner Coleman, 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, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). CREATE NETWORK TECHNICIAN POSITION IN INFORMATION SYSTEMS DEPARTMENT Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2, CLASSIFICATIONS/PAY SCHEDULES FOR NON -CIVIL SERVICE, POLICE AND FIRE; AND TABLE 3, GRADE, CLASSIFICATION AND SALARY RANGE FOR CITY OF PADUCAH EMPLOYEES TO CREATE THE POSITION OF NETWORK TECHNICIAN IN THE INFORMATION SYSTEMS DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). M.O.#1219; BK 6; PG ORDINANCES — ADOPTION DEED OF CORRECTION FOR 1640 SOUTH 6TH STREET Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVING A DEED OF CORRECTION AND QUITCLAIM DEED TO KIWANIS CLUB OF SOUTH PADUCAH, INC." This ordinance is summarized as follows: The City of Paducah hereby authorizes the Mayor to execute a deed of correction and quitclaim deed to Kiwanis Club of South Paducah, Inc., for property located at 1640 South 6th Street. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7121; BK 30; PG CHANGE ORDER #1 FOR THE PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC FOR THE PECAN DRIVEBUCKNER LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: Authorize Mayor to execute Change Order No.1 in the amount of $235,769.32 with Jim Smith Contracting Company, LLC, in order to finalize the Pecan Drive/Buckner Lane Roadway Improvement Project for a total project cost of $3,872,145.76. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7122; BK 30; PG MUNICIPAL AID COOPERATIVE AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND RECONSTRUCTION OF STREETS 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 CONTRACT BETWEEN THE DEPARTMENT OF RURAL AND MUNICIPAL AID, COMMONWEALTH OF KENTUCKY, AND THE CITY OF PADUCAH, KENTUCKY, FOR MAINTENANCE, RECONSTRUCTION, OR CONSTRUCTION OF CITY STREETS." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract between the Department of Rural and Municipal Aid, Commonwealth of Kentucky, and the City of Paducah, Kentucky, for maintenance, reconstruction, or construction of city streets for fiscal year 2006-2007. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7123; BK 30; PG 69 MAY 23, 2006 REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED FOR THE PECAN DRIVE-BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED FOR THE PECAN DRIVE/BUCKNER LANE ROADWAY PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute an agreement between Atmos Energy and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for gas construction to complete the Pecan Drive/Buckner Lane Roadway Project, estimated at $29,500.00. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7124; BK 30; PG REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED FOR THE OLIVET CHURCH ROAD LEFT TURN LANE ROADWAY IMPROVEMENT PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT FOR GAS CONSTRUCTION REQUIRED 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 an agreement between Atmos Energy and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for gas construction to complete the Olivet Church Road Left Turn Lane Roadway Improvement Project; estimated at $6,000.00. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3) Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7125; BK 30; PG PURCHASE OF AUTOMATED SIDEARM LOADER Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF MUNICIPAL EQUIPMENT, INC., FOR SALE TO THE CITY OF ONE AUTOMATED SIDEARM LOADER FOR USE BY THE SOLID WASTE DIVISION/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 Municipal Equipment, Inc., in the amount of $214,490.14, for sale to the City of one automated sidearm loader, for use by the Solid Waste Division/Public Works Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7126; BK 30; PG PURCHASE FRONT -LOADING REFUSE CONTAINERS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF WASTEQUIP HOLT FOR THE PURCHASE OF FRONT -LOADING REFUSE CONTAINERS 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 Wastequip Holt in an amount not to exceed $40,000.00, for furnishing the City with refuse containers, of various sizes, for use by the Public Works Department/Solid Waste Division, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). ORD. #2006-5-7127; BK 30; PG 70 MAY 23, 2006 ORDINANCES — INTRODUCTION FIRST AMENDMENT TO LEASE AGREEMENT IN INDUSTRIAL PARK WEST FOR SIGN EASEMENT 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 A FIRST AMENDMENT TO LEASE AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY AND THE PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY." This ordinance is summarized as follows: The City of Paducah hereby approves a lease amendment among the City of Paducah, McCracken County and Industrial Development Authority for installation of a sign at the corner of Commerce Drive and Olivet Church Road and authorizes the Mayor to execute said lease. USDA SUMMER FOOD PROGRAM Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY OF PADUCAH TO PAY THE PADUCAH INDEPENDENT SCHOOL SYSTEM FOR THE SUMMER FOOD PROGRAM FOR CHILDREN'S LUNCHES." This ordinance is summarized as follows: That the City is hereby authorized to pay to the Paducah Independent School System an amount not to exceed $28,600, for the Summer Food Program for children's lunches. The City will be reimbursed for this expenditure by the Kentucky Department of Education, Division of School and Community Nutrition. MOTOROLA 800 MHz RADIO EQUIPMENT CONTRACT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH MOTOROLA FOR FY 2006-2007." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a service agreement with Motorola for all city -owned radios in the amount of $51,990.12. This contract shall expire June 30, 2007. CONTRACT WITH DENNIS WHOLEY ENTERPRISES, INC. Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RATIFYING AND APPROVING THE MAYOR'S EXECUTION OF A LETTER OF AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND DENNIS WHOLEY ENTERPRISES, INC. FOR PRODUCTION OF "THIS IS AMERICA" PROGRAM." That the City of Paducah hereby ratifies and approves the Mayor's execution of a Letter of Agreement between the City of Paducah, Kentucky, and Dennis Wholey Enterprises, Inc., for production of "This Is "America" program in the amount of $30,000. CODIFICATION CHANGE Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2006-3-7079 ENTITLED, "AN ORDINANCE CREATING SECTION 126-84, AWNINGS & CANOPIES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: The City of Paducah hereby amends Ordinance No. 2006-3-7079 to change the Section 126-84 to Section 126-85, Awnings & Canopies. HIPP/FALCONITE ZONE CHANGE Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR 26.89 ACRES OF PROPERTY LOCATED ADJACENT TO 3321 OLIVET CHURCH ROAD, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone 26.89 acres of property located adjacent to 3321 Olivet Church Road from R-1, Low Density Residential Zone to 71 MAY 23, 2006 M -U, Mixed Use Zone, and amending the Paducah Zoning Ordinance to effect such rezoning. CITY MANAGER REPORT • Calendar Items COMMISSIONER CONCERNS Commissioner Coleman: Gave an overview of his trip to Cambridge, MA, for the National League of Cities, Energy Environment & Natural Resources Commission, on which he serves. Main topics of discussion were infrastructure and coal reserves. J EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Coleman, 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 Coleman, Guess, and Mayor Paxton (3). Commissioners Sirk and Smith were absent (2). Upon motion the meeting adjourned. ADOPTED: June 13 , 2006 J".,d C Assistant City Clerk