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HomeMy WebLinkAbout08-26-2014461 AUGUST 26, 2014 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 26, 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, Rhodes, Wilson and Mayor Kaler (4). Commissioner Gault was absent (1). PLEDGE OF ALLEGIANCE Tanner Hubbard, Boy Scout, led the pledge. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the reading of the Minutes for the August 12, 2014 and August 19, 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, Rhodes, Wilson and Mayor Kaler (4). APPOINTMENTS PADUCAH PLANNING COMMISSION Mayor Kaler made the following appointment and reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Paul Bradford as a member of the Paducah Planning Commission to replace Robert Manchester who has resigned. This term will expire August 31, 2018; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Cathy Crecelius as a member of the the Paducah Planning Commission. This term will expire August 31, 2018. Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners approve the action of Mayor Kaler in appointing Paul Bradford and reappointing Cathy Crecelius as members of the Paducah Planning Commission. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). CIVIC BEAUTIFICATION BOARD Mayor Kaler made the following appointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Jackie Smith and Paul Grumley to the Civic Beautification Board to replace Paula Bright and Andrea Higdon who have resigned. These terms will expire July 1, 2015." Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners approve the action of Mayor Kaler in appointing Jackie Smith and Paul Grimley as members of the Civic Beautification Board. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). PADUCAH AREA TRANSIT SYSTEM BOARD Mayor Kaler made the following reappointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Durwin Ursery and Thomas Whittemore as members of the Paducah Area Transit System Board. These terms will expire June 30, 2018." Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners approve the action of Mayor Kaler in reappointing Durwin Ursery and Thomas Whittemore as members of the Paducah Area Transit System Board. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). .all 462 AUGUST 26, 2014 MOTION R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the following documents be received and filed: 1. Contract for Services with Uppertown Heritage Foundation 2. Agreement for Professional Engineering Services with Bacon Farmer Workman Engineering & Testing, Inc. for the Riverfront Phase 1-B Project (ORD # 2014-08-8165) 3. Grant Agreement between The Kentucky Transportation Cabinet Office of Highway Safety and the Paducah Police Department for the "Heads Up Don't Be In`Text'icated" Mini -Grant Program (ORD # 2014-08-8170) 4. Two -Year Renewal Agreement with Bluegrass Uniforms for Uniform Services for the Fire Department (ORD # 2012-05-7924) 5. Transcript of Proceeding for the City of Paducah, Kentucky, General Obligation Refunding Bonds, Series, 2014A for $5,460,000 (2010 Build America Bonds) (ORD # 2014-05-8144) Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4)• RESOLUTION DECLARATION OF OFFICIAL INTENT FOR GENERAL OBLIGATION BOND 2014C Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, MAKING DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). MUNICIPAL ORDER PERSONNEL CHANGES Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that upon the recommendation of the City Manager, 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, Rhodes, Wilson and Mayor Kaler (4)• APPROVING THE ADVERTISEMENT FOR BID FOR GENERAL OBLIGATION BOND 2014C & TAXABLE GENERAL OBLIGATION BOND 2014D (SHOWROOM & HOTEL) Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "MUNICIPAL ORDER APPROVING THE ADVERTISEMENT FOR BID AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2014C AND CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2014D IN AGGREGATE PRINCIPAL AMOUNTS OF APPROXIMATELY $2,415,000 AND $4,325,000, RESPECTIVELY," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). M.O.#1787; BK 9 ORDINANCES- ADOPTION CERTIFIED LOCAL GOVERNMENT PROGRAM (CLG) GRANT Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING GRANT FUNDS THROUGH THE KENTUCKY HERITAGE COUNCIL/STATE HISTORIC PRESERVATION OFFICE AND NATIONAL PARK SERVICE TO BE USED TO HOST A TRAINING EVENT THAT INCLUDES THE COMMISSION ASSISTANCE & MENTORING PROGRAM AND 463 AUGUST 26, 2014 AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT AGREEMENT AND ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: That the City of Paducah hereby accepts grant funds in the amount of $6,300 from the Kentucky Heritage Council/State Historic Preservation Office and National Park Service for a Certified Local Government Program Grant to be used to host a training event that includes the Commission Assistance & Mentoring Program. This grant requires either a local cash match or in-kind services in the amount of $4,200. The City will provide a cash match, which will be appropriated in the City's Planning Department FY2015 budget. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2014-8-8177; BK 34 ZONE CHANGE FOR 1139 & 1179 LONE OAK ROAD AND 1121 SANDERS AVE Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-2 (LOW AND MEDIUM DENSITY RESIDENTIAL ZONE) TO R-4 (HIGH DENSITY RESIDENTIAL ZONE) FOR PROPERTY LOCATED AT 1139 & 1179 LONE OAK ROAD AND 1121 SANDERS AVENUE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone property located at 1139 & 1179 Lone Oak Road and 1121 Sanders Avenue, from R-2 (Low and Medium Density Residential Zone) to R-4 (High Density Residential Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2014-8-8178; BK 34 ZONE CHANGE FOR 2711 NEW HOLT ROAD Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO MU, (MIXED USE ZONE) FOR PROPERTY LOCATED AT 2711 NEW HOLT ROAD, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone property located at 2711 New Holt Road, from R-1 (Low Density Residential Zone) to MU, (Mixed Use Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2014-8-8179; BK 34 FINAL ANNEXATION FOR 2711 NEW HOLT ROAD Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF 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 final annexation of a tract of property contiguous to the present city limits, located at 2711 New Holt Road, containing 0.7972 acres, more or less. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2014-8-8180; BK 34 ORDINANCES — INTRODUCTION 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG): FOUR RIVERS RECOVERY CENTER (CENTER POINT) Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH APPROVING AN AGREEMENT WITH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT TO OBTAIN A COMMUNITY DEVELOPMENT BLOCK GRANT AWARD ON BEHALF OF THE FOUR RIVERS BEHAVIORAL HEALTH CENTER POINT 464 AUGUST 26, 2014 RECOVERY CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows: That the City of Paducah approves an Agreement with the Kentucky Department for Local Government to obtain a Community Development Block Grant Award on behalf of Four Rivers Behavioral Health Center Point Recovery Center in the amount of $250,000 with the City receiving $12,500 of said grant for administration. No local match is required. Further, the Mayor is hereby authorized to execute all documents necessary to accept the grant award with the Kentucky Department for Local Government and authorized to execute the legally binding agreement with Four Rivers Behavioral Health for the Center Point Recovery Center. SALE OF BONDS AUTHORIZATION- SERIES 2014C--$2,415,000 & SERIES 2014D-- $4,325,000 Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF (I) CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2014C IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $2,415,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE PRINCIPAL AMOUNT OF SERIES 2014C BONDS BY UP TO $240,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTION OF A SHOWROOM AT THE JULIAN CARROLL CONVENTION CENTER, AND (II) CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2014D IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $4,325,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE PRINCIPAL AMOUNT OF SERIES 2014C BONDS BY UP TO $435,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY OF PADUCAH, KENTUCKY; AUTHORIZING AND APPROVING A CONTRACT, LEASE & OPTION, SUBORDINATED LEASEHOLD MORTGAGE AND SALES TAX REFUND PLEDGE AND SECURITY AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE PADUCAH CONVENTION HOTEL, LLC IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2014D BONDS; APPROVING THE FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND 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 2014C in the approximate principal amount of $2,415,000 (the "Series 2014C Bonds") and Series 2014D in the approximate principal amount of $4,325,000 (the "Series 2014D Bonds," and together with the Series 2014C Bonds, the 'Bonds") by the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose of financing (i) a portion of the costs of the construction of a showroom at the Julian Carroll Convention Center (the "2014C Project"), (ii) a portion of the costs of the acquisition, construction, installation and equipping of improvements at a hotel to be located adjacent to the Julian Carroll Convention Center and to be leased to Paducah Convention hotel, LLC, a Kentucky limited liability corporation (the "Lessee"), for use in furtherance of economic development within the City (the "2014D Project," and together with the 2014C Project, the "Projects"). 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 Ordinance further authorizes the execution and delivery by the City of a Lease Agreement, a Subordinated Leasehold Mortgage and Security Agreement and a Sales Tax Refund Pledge and Security Agreement with the Lessee in connection with the leasing to the Lessee of the 2014D Project. 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 November 1 of each of the years 2015 through 2025. 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 7 of the Ordinance. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: "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, AUGUST 26, 2014 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." 2% INCREASE TO RECIPIENTS OF POLICE AND FIRE FIGHTERS' RETIREMENT FUND Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING A PENSION INCREASE TO THE ELIGIBLE ANNUITANTS UNDER THE POLICE AND FIRE FIGHTERS' RETIREMENT FUND OF THE CITY OF PADUCAH, KENTUCKY AS DEFINED BY KRS 95.859." This ordinance is summarized as follows: That the City Commission authorizes the Finance Director to provide funds sufficient to cover the costs of a one-time only 2% pension adjustment in the amount of $212,000 for the eligible annuitants under the Police and Fire Fighters' Retirement Fund of the City of Paducah, Kentucky. Further, the Finance Director is hereby directed to transfer said non-recurring funds from the General Funds Unreserved Fund Balance to the Police and Fire Fighters' Retirement Fund. CONTRACT FOR SERVICES FOR LUTHER F. CARSON FOUR RIVERS CENTER Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER INC. FOR SPECIFIC SERVICES." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract with the Luther F. Carson Four Rivers Center Inc. in the amount of $80,240, to provide an extensive youth performance schedule in continuing with their tradition of the "Class Act" series. This contract shall expire June 30, 2015. CONTRACT FOR SERVICES FOR PADUCAH SYMPHONY ORCHESTRA Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH SYMPHONY ORCHESTRA FOR SPECIFIC SERVICES." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract with Paducah Symphony Orchestra in the amount of $22,855 for specific services. This contract shall expire June 30, 2015. CITY MANAGER REPORT City Manager Pederson reported Planning Department is working on a presentation to bring to the Commission in a few weeks about the visit from Jeff Speck, author of the book, Walkable City: How Downtown Can Save America, One Step at a Time. Mr. Speck visited Paducah August 6th through 8th. The Grant Administrator of the Planning Department is working on completing a grant for funding for the Schultz Park (Phase V of the Greenway Trail). MAYOR AND COMMISSIONER COMMENTS Mayor Kaler, Commissioner Wilson, City Manager Pederson and Charlie Martin of GPEDC did a tour of the CERCLA cell and Y25 facilities in Oakridge, Tennessee. They met with Department of Energy representatives. PUBLIC COMMENTS Ron Ward, citizen, would like to see Paducah Power System's annual report published online so the public can review it. Upon motion the meeting adjourned. ADOPTED: September 2, 2014 Jai,rn.,maAet cJ, City Clerk Mayor 465