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HomeMy WebLinkAbout05-13-2014410 MAY 13, 2014 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 13, 2014, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Gault, Rhodes, and Wilson (4). Mayor Kaler was absent (1). MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the April 22, 2014 and May 6, 2014 City Commission meetings 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 Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). APPOINTMENTS BOARD OF CIVIL SERVICE COMMISSIONERS Mayor Pro Tem Wilson made the following appointment: "WHEREAS, upon the recommendation of Mayor Kaler, I move that the Board of Commissioners appoint Martin Bendick as a member of the Board of Civil Service commission to replace Rollie France, who has resigned. This term shall expire May 13, 2017." Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the recommendation of Mayor Kaler in appointing Martin Bendick as a member of the Board of Civil Service Commission. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MOTIONS R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the following documents be received and filed: DOCUMENTS 1. Certificates of Liability Insurance a. Leigh & Associates b. B H Green & Sons, Inc. c. Dave's Electric, LLC 2.1 Special Warranty Deed for 510-514 Broadway (Columbia Theater Building) (ORD # 2014-04-8129) 3. Commissioner's Deed for 2306 Eulah Street 4. Agreements/Contracts: a. Memorandum of Understanding with Higdon Development, Inc. for property development located at 451 Bleich Road (ORD # 2014-04-8134) b. Contract for Services with Brooks Stadium Commission (executed by the City Manager) 5. Paducah Power System Electric Rates and Rules & Regulations 6. Paducah Water Works Financial Highlights for March 2014 7. PRDA 2014 Riverfront Development Report 8. City of Paducah Department of Finance Financial Report for period ending March 31, 2014 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MUNICIPAL ORDERS PERSONNEL ACTIONS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). w L__ __ _ i _ 1 411 MAY 13, 2014 AUTHORIZING ADVERTISEMENT FOR SALE OF BUILD AMERICA BONDS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE ADVERTISEMENT FOR BID AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014A IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $5,765,000," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MO.#1772; BK 9 2014-2015 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT (JAG) APPLICATION Commissioner Rhodes offered motion, seconded by Mayor Pro Tem Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE EXECUTION OF AN ON-LINE GRANT APPLICATION TO OBTAIN A 2014-2015 EDWARD BYRNE MEMORIAL GRANT, THROUGH THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $13,117.00, TO BE USED BY THE PADUCAH POLICE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MON 1773; BK 9 2014 DELTA REGIONAL AUTHORITY (DRA) SEDAP GRANT APPLICATION Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A MATCHING GRANT IN THE AMOUNT OF $200,000, THROUGH THE DELTA REGIONAL AUTHORITY INVESTMENT PROGRAM KNOWN AS THE STATES' ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM TO HELP PROVIDE FUNDING TO SUPPORT SMALL BUSINESS ENTREPRENEURS WHO ARE LOOKING TO LOCATE OR ARE LOCATED IN THE DOWNTOWN HISTORIC DISTRICT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MON 1774; BK 9 ACQUISITION OF PROPERTY LOCATED AT 3400 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROADWAY IMPROVEMENT PROJECT Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS RELATING TO SAME FOR ACQUISITION OF PERMANENT RIGHT OF WAY AND A PUBLIC UTILITY EASEMENT LOCATED AT 3400 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $3,400.00," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). MO.#1775; BK 9 ORDINANCES – ADOPTION ACCEPT OFFICE OF HIGHWAY SAFETY—"HEADS UP DON'T BE IN'TEXT'ICATED" GRANT AWARD Commissioner Rhodes offered motion, seconded by Mayor Pro Tem Wilson, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY FOR THE "HEADS UP DON'T BE IN'TEXT'ICATED" MINI -GRANT PROGRAM." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Grant Agreement, and all documents relating thereto, with the Kentucky Office of Highway Safety in the amount of $21,000.00 for the presentation of the "Heads Up Don't Be In'text'icated" program presented by the Paducah Police Department. No local cash match is required. 412 MAY 13, 2014 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8136; BK 33 ZONING TEXT AMENDMENT — BANNER SIGNS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING 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 Section 126-76, Sign Regulations of Chapter 126, Zoning, of the Paducah Code of Ordinances to change approval of event banners over Broadway, Broadway pole banners, Jefferson Street pole banners and Lower Town pole banners from the Engineering -Public Works Department to the Parks Services Department. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8137; BK 33 INTENT TO ANNEX 3025 OLIVET CHURCH ROAD Commissioner Gault offered motion, seconded by Commissioner Abraham, 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 at 3025 Olivet Church Road, containing 4.946 acres, more or less. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8138; BK 33 REPEAL FOUNTAIN AVENUE ENHANCED STANDARDS Commissioner Rhodes offered motion, seconded by Mayor Pro Tem Wilson, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 42, ENVIRONMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follow: This ordinance abolishes Sec. 42- 46(c), Enhanced Standards for Fountain Avenue Revitalization Project, of Chapter 42, Environment, of the Paducah Code of Ordinances. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8139; BK 33 ABOLISH DEPARTMENT OF MAIN STREET/PADUCAH RENAISSANCE ALLIANCE ADVISORY BOARD AND ESTABLISH PADUCAH MAIN STREET 1• 9l 177 IIC17: Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ABOLISHING THE CURRENT MAIN STREET DEPARTMENT ORDINANCE AND CREATING AN ADVISORY BOARD TO BE KNOWN AS THE "PADUCAH MAIN STREET BOARD OF DIRECTORS"; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS; AND ESTABLISHING THE ROLE AND PURPOSE OF SAID BOARD." This ordinance is summarized as follows: The City of Paducah hereby abolishes Chapter 2, Article V, Division 6 of the Paducah Code of Ordinances entitled, "Main Street Department"; abolishes Chapter 2, Article VI, Division 15, entitled, "Paducah Renaissance Alliance Advisory Board"; and creates a new section in Code of Ordinances in Chapter 2, Article VI, to establish the Paducah Main Street Board of Directors. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8140; BK 33 AMEND ORDINANCE ESTABLISHING REGULATIONS FOR ANNEXATION AGREEMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE 413 MAY 13, 2014 NO. 2002-10-6589 ENTITLED, "AN ORDINANCE APPROVING THE CONCEPT OF GROWTH THROUGH ANNEXATION AGREEMENTS."' This ordinance is summarized as follows: The City hereby amends Ordinance No. 2002-10-6589 to set the amount being reimbursed to the developer to not exceed the total cost of the municipal services or the total sum of all ad valorem real property taxes collected by the City of Paducah from the developed property, whichever is less, over a 10 year period. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8141; BK 33 AMEND ORDINANCE TO SET TIME LIMIT FOR INFILL DEVELOPMENT AGREEMENTS Commissioner Rhodes offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2005-1-6921, ENTITLED, "APPROVING THE CONCEPT OF EXPEDITED GROWTH THROUGH DEVELOPER AGREEMENTS, WHICH PROMOTE RESIDENTIAL INFILL DEVELOPMENT." This ordinance is summarized as follows: That the City of Paducah amends Ordinance No. 2005-1-6921 to establish a time of 10 years that the City will reimburse the developer for the actual costs incurred in connection with the construction of qualified "municipal facilities" (street, gutters, and other public infrastructure) with the property to be developed. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8142; BK 33 FOUNTAIN AVENUE CONSTRUCTION LOAN Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING A REVOLVING LINE OF CREDIT FROM BANTERRA BANK. IN THE PRINCIPAL AMOUNT NOT TO EXCEED $350,000; AUTHORIZING THE MAYOR TO EXECUTE THE REVOLVING LINE OF CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS RELATING THERETO, AND AUTHORIZING A DESIGNATED AGENT TO DRAW FUNDS FROM THE REVOLVING LINE OF CREDIT, ALL OF WHICH IS NECESSARY TO FINANCE A PORTION OF THE CITY'S PROPOSED CONSTRUCTION COST IN THE "FOUNTAIN AVENUE AND LOWER TOWN NEIGHBORHOOD REVITALIZATION PROJECT"". This ordinance is summarized as follows: By this Ordinance the City of Paducah, Kentucky, authorizes and approves a Revolving Line of Credit from Banterra Bank in the principal amount not to exceed $350,000 for a term of six (6) months, with interest thereon at the fixed rate of 2.95% per annum, subject to commercially reasonable terms and conditions. The funds drawn from the Revolving Line of Credit shall be utilized to finance a portion of the City's construction costs incurred in the furtherance of its commitments to complete construction of two (2) new structures located at 1403 Monroe Street and 717 Harrison within the Fountain Avenue and Lower Town Neighborhood. Further the City authorizes and directs the Finance Director of the City of Paducah, Kentucky to request and effectuate draws upon the Revolving Line of Credit as deemed necessary by the City Planning Department to satisfy construction costs incurred by the City in the furtherance of its commitments. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and Mayor Pro Tem Wilson (4). ORD.#2014-5-8143; BK 33 ORDINANCES — INTRODUCTION 2010 TAXABLE BUILD AMERICA BONDS (BABs) GENERAL OBLIGATION BONDS (GOB), REFINANCING BONDS AUTHORIZATION — TAX EXEMPT SERIES 2014 f Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014A IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,765,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE SIZE OF SAID BONDS BY UP TO $575,000) TO CURRENTLY REFUND THE OUTSTANDING CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BUILD AMERICA BONDS, SERIES 2010 (BUILD AMERICA BONDS - DIRECT PAYMENT), THE PROCEEDS OF WHICH WERE USED TO FINANCE THE MAY 13, 2014 COSTS OF VARIOUS PUBLIC PROJECTS WITHIN THE CITY OF PADUCAH, KENTUCKY; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUND; MAINTAINING THE HERETOFORE CREATED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER OR PURCHASERS FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES." THIS ORDINANCE IS SUMMARIZED AS FOLLOWS: This Ordinance authorizes the issuance of general obligation bonds designated as Series 2014A in the approximate principal amount of $5,765,000 (the 'Bonds") by the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose of currently refunding the outstanding City of Paducah, Kentucky Taxable General Obligation Build America Bonds, Series 2010 (Build America Bonds - Direct Payment) (the "Prior Bonds"), the proceeds of which were used to finance various public projects within the City, including the construction of Greenway Trail, the construction of a replacement for the existing Noble Park parking lot and construction of related appurtenances, the resurfacing of City streets, the acquisition and installation of generators throughout the City, the acquisition and installation of traffic signals, the acquisition of the Executive Inn and related appurtenances and the construction and installation of public improvements on a portion of the site thereof, the acquisition and construction of an air dome pavilion, the acquisition of real property for use as a sports park and the acquisition of such additional improvements in substitution of any of the foregoing as were identified in the budget of the City adopted for the fiscal year ending June 30, 2010 (collectively, the "Project"). Provisions are made in the Ordinance for the payment of the Bonds and the security therefor; for the application of the proceeds of the Bonds; for the establishment of Bond Payment Funds; for the maintenance of the previously established sinking fund; and for certain covenants of the City with respect to the Bonds. The Bonds are to be sold at public, competitive sale, and shall mature, or be subject to mandatory sinking fund redemption, in varying amounts on March 1 of each of the years 2015 through 2030. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of, and interest on the Bonds, subject to certain credits, as provided in Section 8 of the Ordinance. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: l"Section 7 -- General Obligation. The Bonds shall be full general obligations of the City and, for the payment of said Bonds, and the interest thereon, the full faith, credit and revenue of the City are hereby pledged for the prompt payment thereof. During the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the principal of and interest on the Bonds when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected., Said tax shall be placed before and in preference to all other items and for the full amount thereof provided, however, that in each year to the extent that the other lawfully available funds of the City are available for the payment of the Bonds, including amounts available under the Lease, and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such other funds so available and appropriated." REIMBURSEMENT AGREEMENT WITH PADUCAH POWER SYSTEM FOR THE OLIVET CHURCH ROADWAY IMPROVEMENT PROJECT ELECTRICAL CONSTRUCTION EXPENSES Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE ELECTRIC - PLANT BOARD OF THE CITY OF PADUCAH, KENTUCKY D/B/A PADUCAH POWER SYSTEM FOR THE ELECTRICAL CONSTRUCTION RELATED TO THE OLIVET CHURCH ROAD ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a reimbursement agreement between the Electric Plant Board of the City of Paducah, Kentucky d/b/a Paducah Power System and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for electrical construction to complete the Olivet Church Road Roadway Improvement Project estimated at $225,000.00. In the event the total invoice amount exceeds n 414 415 MAY 13, 2014 the estimated amount required to complete said project, the City hereby authorizes the Finance Director to issue payment for the actual total costs to Paducah Power System. REIMBURSEMENT AGREEMENT WITH PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY FOR THE OLIVET CHURCH ROADWAY IMPROVEMENT PROJECT SANITARY SEWER CONSTRUCTION EXPENSES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH- McCRACKEN COUNTY JOINT SEWER AGENCY FOR SANITARY SEWER CONSTRUCTION RELATED TO THE OLIVET CHURCH ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: The City of Paducah hereby authorizes the Mayor to execute a reimbursement agreement between Paducah -McCracken County Joint Sewer Agency and the City of Paducah, Kentucky, for reimbursement for sanitary sewer construction work related to the Olivet Church Road Roadway Improvement Project, estimated at $304,240.00. In the event the total invoice amount exceeds the estimated amount required to complete said project, the City hereby authorizes the Finance Director to issue payment for the actual total costs incurred by Paducah -McCracken County Joint Sewer Agency. AUTHORIZE PAYMENT TO AES ENVIRONMENTAL FOR HOUSEHOLD HAZARDOUS WASTE COLLECTED DURING 2014 CLEAN-UP DAY Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY AES ENVIRONMENTAL LLC, FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE COLLECTED DURING THE CITY/COUNTY FREE CLEAN-UP DAY." This ordinance is summarized as follows: That the Finance Director is hereby authorized to pay AES Environmental LLC, in the amount of $23,065.40 for the disposal of household hazardous waste collected during the City/County free Clean -Up Day. CLOSURE OF A PORTION OF RIDGEWOOD STREET BETWEEN TOPEKA AVENUE AND OLYMPIA AVENUE Commissioner Rhodes offered motion, seconded by Mayor Pro Tem Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF RIDGEWOOD STREET BETWEEN TOPEKA AVENUE AND OLYMPIA AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows: That the City of Paducah hereby authorizes the closing of a portion of Ridgewood Street between Topeka Avenue and Olympia Avenue, and authorizes the Mayor to execute all documents necessary to complete the transfer of property to the property owners in or abutting the public ways to be closed. CITY MANAGER REPORT City Manager Jeff Pederson announced that a City Hall Conditional Assessment & Conceptual Plan presentation will be given by BFW Engineering and Marcum Engineering at the next city commission meeting. MAYOR & COMMISSIONER COMMENTS There were not any Mayor or Commissioner comments. PUBLIC COMMENTS There were no public comments. Upon motion the meeting adjourned. ADOPTED: May 27, 2014 City Clerk