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Home My WebLink About04/21/09 CalledAPRIL 21, 2009 5:00 P.M At a Called Meeting of the Board of Commissioners, held on Tuesday, April 21, 2009, at 5:00 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Kaler, Watkins and Mayor Paxton (4). Commissioner Gault was absent (1). Mayor Paxton gave an update on the Executive Inn. It has been cleaned and readied for the occupation by the quilters. Bill Parsons, Developer for Executive Inn, reiterated that the Executive Inn is ready for occupants. He said he does have in writing that there will be a closing date on the Executive Inn. He thanked the City for their support. MOTION R & F CALLED MEETING NOTICES Commissioner Abraham offered motion, seconded by Commissioner Watkins, that the Notices of Called Meeting of the Board of Commissioners of the City of Paducah for 5:00 p.m., April 21, 2009, be received and filed. Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins and Mayor Paxton (4). ORDINANCES —ADOPTION . AUTHORIZE AGREEMENT FOR THE REDUCTION AND FINAL DISPOSAL OF FEMA ELIGIBLE DEBRIS COLLECTED AT THE OHIO VALLEY GRAVEL & SAND PROPERTY Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE D & J ENTERPRISES, INC., FOR THE REDUCTION AND FINAL DISPOSAL OF FEMA ELIGIBLE DEBRIS RESULTING FROM THE 2009 ICE STORM AND COLLECTED FOR THE CITY AT THE OHIO VALLEY GRAVEL & SAND PROPERTY". This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement with D & J Enterprises, Inc., in the amount of $38,000 for the Reduction and Final Disposal of FEMA eligible debris resulting from the 2009 Ice Storm and collected for the City of Paducah at the Ohio Valley Gravel & Sand property. Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins and Mayor Paxton (4). ORD.#2009-4-7531; BK 32; PG AUTHORIZE AGREEMENT FOR THE REMOVAL, REDUCTION, AND DISPOSAL OF FEMA ELIGIBLE DEBRIS ALONG THE CITY'S FLOODWALL Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CITY WIDE RECYCLING FOR THE REMOVAL, REDUCTION AND DISPOSAL OF FEMA ELIGIBLE DEBRIS RESULTING FROM THE 2009 ICE STORM LOCATED ON THE CITY OF PADUCAH'S FLOODWALL". This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement with City Wide Recycling in the amount of $147,540.00 for the removal, reduction and disposal of FEMA eligible debris resulting from the 2009 Ice Storm located on the City of Paducah's floodwall. Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins and Mayor Paxton (4). ORD.#2009-4-7532; BK 32; PG WORKSHOP OPTIONS FOR REGULATING TREES ON PRIVATE PROPERTY Upon the request from Commissioner Watkins to draft an ordinance for tree planting on private property, Steve Ervin, Planning Director, gave the following report. The City has - - . APRIL 21, 2009 5:00 P.M a current ordinance that regulates the planting of trees on City right-of-way. Within that ordinance is a requirement for citizens to get a tree permit before they plant a tree on the public right-of-way. Mr. Ervin contacted six different second-class cities to see if any had enacted an ordinance regulating the planting of trees on private property. None of the cities had an ordinance. Some of the requirements he suggested to be in an ordinance regulating the planting of trees on private property were: ❖ Submit site plan ❖ Type of tree ❖ Location of the Tree ❖ Permit Issued by designee ❖ Designee reviews planting for compliance ❖ Designee monitors tree planting city wide for violations Should the City adopt an ordinance for the regulation of tree planting on private property Mr. Ervin gave some conditions he thinks should be on the permits such as: ❖ Specific spacing between the trees ❖ Trees have to be at least 10 ft. from fire hydrants ❖ Only small trees may be planted 20 ft. from overhead utilities ❖ Trees must be planted at least 30 ft. from traffic control device or sign Next question: How does the City want to proceed? The Commission discussed the issue and decided to use the current ordinance for right of ways, have the Tree Advisory Board try to educate the public more, and for Mr. Ervin to get with Comm. Watkins and further discuss the regulations already in place. REPORT ON SIDEWALK CAFE ORDINANCE Mr. Ervin, Planning Director, gave a proposal to allow sidewalk cafes in the downtown area to serve distilled spirits, wine and beer. The City has an ordinance at the present time that allows the sale of food and merchandise on sidewalks adjacent to the business in the downtown area but not the sale of any type of alcohol. Should the City want to proceed to allow the sale of alcohol at outdoor cafes the current ordinance would need to be amended. This proposal would only be for restaurants that hold an alcohol license. Some of the regulations that need to be included are: ❖ Designate a Downtown Sidewalk Cafe Zone ❖ Require a permit (either free or charge) -Only restaurants that are licensed for the retail sale of distilled spirits, wine and/or malt beverages by the drink could apply ❖ Conditions of Permit, i.e. - Be effective for 1 year; shall not be transferred; nothing shall be attached to any posts, sign, curb, or sidewalk; operating hours; etc. ❖ Prohibited Conducts, i.e. - Form a physical or visual barrier around permitted area, use of materials that are not fire resistant, etc. ❖ Right to revoke or suspend permit This ordinance would not allow outside cafes for bars or taverns. The majority of the Commission supports the idea and instructed Mr. Ervin to proceed with creating an amendment to the ordinance to allow restaurants to have outside cafe's that would be able to serve alcohol by the drink. CITY MANAGER REPORT ❖ Calendar Items ❖ At next week's Commission Meeting—Will be an item with a request from PPS. PPS is building a peaking plant that will operate off of natural gas. The gas will come through a pipeline in Calvert City. A few parcels of land that are within city limits, that the pipeline will come across may require condemnation. Should condemnation be necessary, Paducah Power will ask for the endorsement from the City for action. ❖ Most of the department heads have contracts but the directors of the departments that will be merging do not. Mr. Zumwalt will be distributing proposed contracts for those department heads to the Commission for their review and proposes the Commission take action in the near future to approve those contracts. APRIL 21, 2009 5:00 P.M ❖ Personnel Actions (implementation of Operational Efficiency Plan) — no discussion ❖ Will be asking department heads that have merging departments (Human Resources/Finance; Information Systems/GIS/Planner; and Public Works/Engineering) to give an update of how things are going. COMMISSIONER CONCERNS Commissioner Watkins—Wants to propose that the City honor former Commissioner Robert Coleman because of his longtime service to the community. Mr. Coleman served 31 years in public service; he has served longer than anyone in public service; and has served as Mayor Pro Tem four times. Commissioner Watkins would like for the City to rename Blackburn Park as Robert Coleman Park Upon motion meeting adjourned. Adopted: April 28, 2009 City Clerk