City Commission Meeting - Monday Nov. 9

Published:

Here's the agenda that the City Commission will be discussing at tonight's work session (Monday, Nov. 9). Public comments are welcomed at the beginning of all our meetings, which start at 5:00 at City Hall.

Sellus Wilder
Frankfort City Commissioner
selluswilder@gmail.com

BOARD OF COMMISSIONERS November 23, 2009

REGULAR MEETING 5:00 P.M. (EST)

315 WEST SECOND STREET

FRANKFORT, KY 40601

502/875-8500

1. INVOCATION
PLEDGE OF ALLEGIANCE John Hammond
ROLL CALL

MINUTES

2. CEREMONIAL ITEMS


3. CITIZEN COMMENTS
4. ORDINANCES

4.1 SECOND READING: An Ordinance concerning Abandoned Urban Property and the Ad Valorem Tax Rate for same.

Purpose: To pass an ordinance establishing the classification of abandoned urban property and to authorize the levying of a separate tax rate on abandoned urban property.

Background: The City of Frankfort has incurred substantial expenses and costs in addressing abandoned properties within the City limits, including but not limited to costs of inspections, maintenance and demolition. KRS 92.305 and KRS 132.012 authorize the City of Frankfort to establish and levy a separate tax rate upon abandoned urban property, and the proposed ordinance will create the classification of abandoned urban property and authorize the levying of an ad valorem tax rate of three (3) times the normal ad valorem tax rate on abandoned urban property. The City of Louisville uses this tax rate on abandoned urban property.
This Ordinance had its first reading on October 26, 2009.

 

Financial Analysis: A positive fiscal impact will result, with the amount of the impact depending on the number and assessed value of abandoned urban properties.
Recommendation: Approval

Attachment:

Ordinance

Contact Person:

Name: Robert C. Moore

Title: City Solicitor

Department:

Phone: 502/227-2271

Email: rmoore@hazelcox.com

4.2 SECOND READING: An Ordinance rezoning property located at the intersection of Ann and Clinton Streets with the address of 124 Clinton Street and containing 0.16 acres, more specifically described as PVA map #061-42-06-011.00, from High Density Multifamily District (RH) to Central Business District (CB).
Purpose: Approval of the recommendation of approval by the Frankfort/Franklin County Planning Commission concerning a zone map amendment by Zigurds and Nancye Grigalis, for a 0.16 acre parcel of property located at the intersection of Ann and Clinton Streets with the address of 124 Clinton Street from High Density Multi Family "RH" district to Central Business "CB". More specifically described as PVA map #061-42-06-011.00.
Background: KRS requires that a public hearing be held by the Planning Commission and that the Planning Commission's recommendation be forwarded to the Local Government.

Should the City Commission desire to not follow the Planning Commission's recommendation, then the item is to be tabled and a request for a verbatim transcript of the Planning Commission meeting, which must be obtained before the item can be heard by the City Commission. The City Commission will then be required to make their own findings of fact based on the verbatim transcript or hold its own public hearing and then make findings of fact. Any action by the City Commission is to be limited to only the findings and testimony given during the Planning Commission hearing and no additional evidence or testimony is to be received unless a new public hearing is held by the City Commission.

On October 8, 2009 the Frankfort-Franklin County Planning Commission held a public hearing to consider a zone change request for this property. The public hearing was closed, accepted the report and testimony as the summary, made findings of fact, and motioned to recommend approval of a zone map amendment from High Density Multi Family "RH" district to Central Business "CB"; based on the findings of fact. The motion to recommend approval of the requested zone map amendment passed unanimously.

This Ordinance had its first reading on October 26, 2009.

Recommendation: Approval

Attachments:

Ordinance
Adopted Findings of Facts
Staff Report reviewed by the Frankfort/Franklin County Planning Commission
Minutes from the October 8, 2009 meeting

Contact Person

Name: Gary Muller

Title: Director

Department: Planning and Building Codes

Phone: 502/875-8500

Email: Gmuller@Frankfort.Ky.Gov

4.3 FIRST READING: An Ordinance to amend the City of Frankfort's Code of Ordinances " Chapter 150.05 " by amending the City of Frankfort's Property Maintenance Code; Section 101 " Subsections 101.4,101.7, 101.9, 101.10; Section 103 " Subsections 103.1; Section 104- Subsection 104.3; Section105 " Subsections 105.1 through 105.11; Section 106 " Subsections 106.1.1, 106.2, 106.2.1; section 107 " Subsections 107.1.5; 107.2.1; 107,2.2; 107.3, 107.7; Section 109 " Subsection 109.1; Section 202; Section 301 " Subsections 301.4, 301.4.1, 301.4.2, 301.4.3, 301.3.1; Section 302 " Subsections 302.3.2, 302.4, 302.10, 302.10.1, 302.10.2; Section 303 " Subsection 303.2; Section 304 " Subsection 304.1.1; Section 305 - Subsections 305.1.1, 305.3, 305.7; and by creating Section 111-Stop Work Orders- Subsections 111.1 through 111.4.

Purpose: To amend the City's Property Maintenance Code Sections Sections101; 103; 104; 105; 1 06;107;109; 202; 310 , 302; 303; 304; 305; and by creating Section 111-stop work orders, to make consistent with the 2009 International Property Maintenance Code.

Background: In September, staff and the City Commission discussed Property Maintenance Code concerns and it was supported to amend the city's property maintenance code to reflect the direction given from that meeting.
The primary changes to this code is to specify that governmentally owned property are not mandatory to comply, moved rental inspections from Section 105 to 301.4; created a dangerous structure or premises section in 107, created a time limit for boarded structures of 12 months(107.2.1); provide authority to disconnect utilities in cases of emergencies; changed time frame for buildings that stop construction to be secured or removed from 2 years to 12 months (109.1); created a stop work order section and with authority (111); created or amended definitions (202) for anchored, deterioration, equipment support, neglect, paved area, and public nuisance; removed section concerning public sidewalk maintenance and snow removal; specified cultivated plantings/gardens are to be maintained and may contain bamboo; amended motor vehicle section and removed junk vehicle section as recommended by county attorney, amended swimming pools, spas/hot tub enclosure and exemption, created an exterior structure " unsafe condition section (304.1.1); created an interior structure " unsafe condition section (305.1.1); specified that interior doors are to be property maintained and secured; and specified when handrails and guards are required.

Attachment:

Ordinance

Recommendation: Approval

Contact Person

Name: Gary Muller

Title: Director

Department: Planning and Building Codes

Phone: 502/875-8500

Email: gmuller@frankfort-ky.gov
4.4 FIRST READING: An Ordinance Amending Frankfort Code Of Ordinances Chapter 91, Section 91.19, Sidewalk Construction and promulgating Section 91.21 Prohibiting Defacing, Damaging Or Destroying Sidewalks.

Purpose: This ordinance provides that the City shall maintain, repair and replace city sidewalks in accordance with the specifications approved by the Board of Commissioners and the Director of Public Works shall, annually, inspect all city sidewalks and develop a plan for approval by the Board of Commissioners providing for the repair or replacements of sidewalks. This ordinance also prohibits the defacing, damaging or destruction of city sidewalks.

Background: To pass an ordinance providing for the City to maintain, repair and replace city sidewalks in accordance with the specifications approved by the Board of Commissioners and the Director of Public Works shall, annually, inspect all city sidewalks and develop a plan for approval by the Board of Commissioners providing for the repair or replacements of sidewalks. This ordinance also prohibits the defacing, damaging or destruction of city sidewalks.

Financial Analysis: The fiscal impact will depend upon the sidewalk replacement and repair program approved by the Board of Commissioners.

Recommendation: Approval

Attachment: Ordinance

Contact Persons:

Name: Rob Moore Jeff Hackbart Gary Muller

Title: City Solicitor Director Director

Department: Public Works Planning & Bldg Codes

Phone: 502/227-2271 502/875-8500 502/875-8500

Email: rmoore@hazelcox.com jhackbart@frankfort.ky.gov gmuller@frankfort.ky.gov

ORDERS
6. RESOLUTIONS


7. CONSENT CALENDAR

Items on the Consent Calendar are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Calendar and considered separately. The City Manager will read the items recommended for approval.
7.1 To authorize a three-year contract award for hauling in and storage of motor vehicles to Harrod's Towing (Police).

Purpose: To authorize a three-year contract to Harrod's Towing for hauling in and storage of motor vehicles.

Background: The City advertised for a three (3) year contract for hauling in and storage of motor vehicles on October 4, 2009. The City received one response on October 14, 2009. This sole response was from Harrod's Towing. It will be in the City's best interest to enter a three-year agreement with Harrod's Towing.

Financial Analysis: This contract will cost $100.00 from Account No. 100.43.53295.
Recommendation: Approval

Attachments:

Bid Tabulation
Contract

Contact Person:

Name: Mark Wilhoite

Title: Chief

Department: Police

Phone: 502/352-2042

Email: mwilhoite@frankfort.ky.gov

7.2 To award a three-year Uniform Rental Contract to _________________ (Finance).

Purpose: The purpose of this item is to award a 3-year uniform rental contract to provide uniform

services for City department employees in Planning &Building Codes, Parks and Recreation, Public

Works, Finance and City Garage.
Background: On November 9, 2009, we received ___ bids for a three (3) year contract to furnish

uniforms and floor mats for the Public Works Division, Planning & Building Codes Division, Buildings,

Garage, Finance, and Parks and Recreation Department. Based upon the bids submitted, it is determined that ______________ is best suited for the City's current uniform needs.

Financial Analysis: Funds are available in the various divisional clothing accounts for uniform

service.
Recommendation: Approval

Attachment:

Bid Tabulation (to be provided)

Contact Person:

Name: Angie Disponette

Title: Deputy Finance Director/ Purchasing Agent

Department: Finance

Phone: 502/875-8500

Email: adisponette@fewpb.com

 

7.3 To grant authorization to award a contract and enter into an agreement with Interstate Environmental Services, Inc. to conduct Asbestos Removal for two houses associated with the HOME Holmes Street Rehabilitation Project. The houses are located at 306 and 313 Virginia Avenue (Grants Manager).
Purpose: The purpose of this item is to authorize the signing of the contract and to authorize the Mayor to enter into an agreement with Interstate Environmental Services, Inc. to provide Asbestos Removal for two houses associated with the HOME Holmes Street Rehabilitation Project for the City for the amount not to exceed $4,540.00.

Background: HOME Consultant Kriss Lowry and Associates, Inc. received bids for Asbestos Removal for two houses associated with the Holmes Street Project and Interstate Environmental Services, Inc. had the winning bid. The contract for services will be submitted to Rob Moore, City Attorney for review.
Financial Analysis: A portion of the funds for the contract are available in the HOME funding from the Kentucky Housing Corporation; the remainder will be used from General Fund Account No. 625 (Revolving Loan Fund), Account No. 550 (Frankfort Rental Rehab) and/or Account No. 540 (Frankfort Housing Corporation) as approved by the Commission at the September 24, 2007 regular meeting.
Recommendation: Approval
Attachment:

Bid Analysis

Contact Persons

Name: Rebecca Hall Rob Moore

Title: Grants Manager City Solicitor

Department: City Manager

Phone: 502/875-8500 502/227-2271

Email: rhall@frankfort-ky.gov rmoore@hazelcox.com

7.4 To approve the Parks, Recreation and Historic Sites Rates Schedule for 2010 (Parks, Recreation and Historic Sites).

Purpose: The purpose of this item is to consider approving the rates schedule for the Parks, Recreation and Historic Sites for the year 2010.
Background: At the October 26, 2009 Parks, Recreation and Historic Sites Advisory Board meeting, it was recommended that all rates for Parks, Recreation and Historic Sites remain the same as in 2009.

Recommendation: Approval.

Attachment:

Rate Schedules for the past five years.

Contact Person

Name: Jim Parrish

Title: Co-Director

Department: Parks, Recreation and Historic Sites

Phone: 502/875-8575

Email: JParrish@Frankfort.ky.gov

7.5 To establish the 2010 and 2011 Season Pass and Daily Fee Rates for Juniper Hill Golf Course.
Purpose: The purpose of this item is to consider approving the rates schedule for the Juniper Hill Golf Course for 2010 and 2011.

Background: At the October 26, 2009 Parks, Recreation and Historic Sites Advisory Board meeting, it was recommended that the rates for the Juniper Hill Golf Course be increased. The 2009 season pass rates were kept the same for the third consecutive year while the daily greens fee and cart fee rates were kept the same for the 10th consecutive year. Even with the proposed fees still will be priced much lower than any comparable golf courses located near Juniper Hill. Also, despite the many rain out days during the 2009 season we have still been able to just about duplicate 2008 play and revenue numbers.
Financial Analysis: With the proposed fee structure and maintaining 2008-2009 play numbers we should be able to increase annual revenues $30,000 -- $50,000 which will greatly help pay for the numerous golf course improvements we have added the past couple of years.

Recommendation: Approval.
Attachment:

Proposed 2010 and 2011 Season Pass and Daily Fee Rates.
2006 thru 2009 JHGC Financial Comparisons

Contact Person

Name: Kirk Schooley

Title: PGA Golf Professional

Department: Juniper Hill Golf Course

Phone: 502/875-8559

Email: KSchooley@Frankfort.ky.gov

7.6 To approve the lowest bid for demolition of 220 West Todd Street and to execute the Memorandum of Agreement (Planning and Building Codes).

Purpose: In accordance with the Property Maintenance Code, Section 109.1, the City ordered each of the property owners of 220 W. Todd Street to repair or raze the condemned buildings within thirty days or the City would raze the building and charge the costs incurred to the real estate that remains. The property was properly noticed in accordance with the Property Maintenance Code.

Background: A notice to raze the three structures was sent to the owner at the last known address, via certified letter, first class letter. The owner has received the certified notice of violation to raze the structure and place a lien on the property if not paid. The owner obtained a building permit for demolition, however, has failed to complete the demolition and the permit has expired. Verbal communication was made with the owner and they understand the requested action. They will likely request to schedule a re-payment plan rather than a lien being placed on the property.

Quotes were received as follows:

220 W. Todd Street :

CC Moore $3,260
John Fehsal, Jr. $4,000

No other bids were received
Financial Analysis: The Planning and Building Codes Department has $25,000.00 for demolitions and nuisance abatement within their budget. Upon approval of these bids and memorandum of agreements, $3,260 can be provided under the Planning Department's Account No. 100-70-53295; with a balance of approximately $21,000.

Recommendation: Approval

Attachments:

Received bids (to be provided)
recent photos of property (to be provided)
Memorandum of Agreement.

Contact Person

Name: Gary Muller Robert Engle

Title: Director Code Enforcement Supervisor

Department: Planning and Building Codes Planning and Building Codes

Phone: 502/875-8500 502/875-8500

Email: gmuller@frankfort-ky.gov rengle@frankfort-ky.gov

7.7 To authorize a Professional Services Agreement to provide transportation management/scheduling software and mobile data/vehicle tracking system (Public Works).
Purpose: To approve the professional service agreement with _______ to provide transportation management/scheduling software and mobile data/vehicle tracking system implementation.
Background: Frankfort Transit System received an American Resource and Recovery (ARRA) Grant to implement a transit management system to maximize daily operational efficiencies and improve communication with the fleet. The software system will be accessed by up to three vehicles simultaneously, with a minimum of fifteen (15) vehicles managed. The system shall handle at least 200 trips per day and contain mapping information for the City of Frankfort service-area.
Financial Analysis: Frankfort received an ARRA Grant to purchase transit routing software. There is no required City match and the funds can only be assured through Dec 30, 2009.

Recommendation: Approval.

Attachment:

Agreement (to be provided)

Contact Person

Name: Jeff Hackbart

Title: Director

Department: Public Works

Phone: 502/875-8500

Email: jhackbrt@frankfort.ky.gov

7.8 To authorize the purchase of a 2009 Mitsubishi 6000 POUND Capacity Forklift from Equipment Depot. (Public Works).

Purpose: To authorize the purchase of a 6,000 Pound capacity Forklift.
Background: On 10/29/09, the City of Frankfort received two bids for a 6.000 pound capacity forklift. The bids ranged from a high of $24,717 to the low bid of $24,596 submitted by Equipment Depot. The new forklift will be used by the Sanitation Department in its recycling operation. The older unit will be transferred to the Street Department.

Financial Analysis: City received a 2009 recycling grant to purchase a new forklift. Funds are available in Grants and Aid Account (100.20.55450) for this purchase. The City will request that any unused funds go towards recycling public education.

Recommendation: Approval
Attachment:

Bid Tabulation

Contact Person

Name: Jeff Hackbart

Title: Director

Department: Public Works

Phone: 502/352-8500

Email: jhackbrt@frankfort.ky.gov

7.9 To authorize a change order for AMEC, Inc. for services related to a Brownfield Assessment Grant received by the City for the Holmes Street Corridor (Grants Manager).
Purpose: The purpose of this item is to authorize a change order for $17,000.00 for services by AMEC, Inc. for additional services for a Brownfield Assessment Grant.
Background: In December of 2007, Requests for Proposals were advertised for Brownfield Assessment Consultants for the Holmes Street Corridor. AMEC, Inc was chosen by a selection committee. Although AMEC has met their original contract, due to the removal of tanks and on-going meetings with state officials, additional services are needed to complete the project. EPA Project Manager Kathleen Curry also suggested we utilize the remaining grant funds to have AMEC conduct a Visioning Session with the community.
Financial Analysis: Funds for the change order are available in the Brownfield Assessment funding from the Environmental Protection Agency.
Recommendation: Approval
Attachment:

Change Order/Letter from AMEC.

Contact Person

Name: Rebecca Hall William Scalf

Title: Grants Manager Director

Department: City Manager Sewer

Phone: 502/875-8500 502/875-2448

Email: rhall@frankfort.ky.gov wscalf@frankfort.ky.gov

7.10 Personnel Action Employee Department Effective Date Other

Resignation David Johnson Planning & Bldg Codes 11-13-09 Building Inspector III;

Authorize payment of all accrued leave as of effective date

Attachment:

David Johnson resignation letter

Contact Person

Name: Randy Donahue

Title: Director

Department: Human Resources

Phone: 502/875-8500

Email: rdonahue@frankfort.ky.gov

8. BOARD APPOINTMENTS
9. OLD BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT

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