HomeMy WebLinkAbout01-20-2015526
JANUARY 20, 2015
At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 20, 2015, 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, Wilson and Mayor Kaler (5).
PLEDGE OF ALLEGIANCE
Palmer Stroup, Paducah Tilghman High School Junior, led the pledge.
ADDITION/DELETIONS
Items II. (B) 1 & 2 listed under Municipal Orders were removed from the agenda. The City
Manager added a municipal order to approve a settlement agreement w/MACCO.
APPOINTMENTS
PADUCAH MONUMENT COMMITTEE
Mayor Kaler made the following appointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Ruth Baggett as a member of the Paducah
Monument Committee to fill the remaining term of Linda Ogden who has resigned. This
term will expire October 26, 2018."
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners approve the recommendation of Mayor Kaler in appointing
Ruth Baggett as a member of the Paducah Monument Committee.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
MUNICIPAL ORDERS
AUTHORIZE APPLICATION FOR 2015 AFFORDABLE HOUSING TRUST FUND
CONTRACT ADMINISTRATION GRANT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE PLANNING
DEPARTMENT TO SUBMIT AN APPLICATION FOR THE CITY OF PADUCAH, IN
PARTNERSHIP WITH MIDTOWN ALLIANCE, TO REQUEST A 2015
AFFORDABLE HOUSING TRUST FUND GRANT IN THE AMOUNT OF $120,000
THROUGH THE KENTUCKY HOUSING CORPORATION TO BE USED FOR THE
HOMEOWNER REHABILITATION OF TWO EXISTING HOMES IN THE
FOUNTAIN AVENUE NEIGHBORHOOD," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). M.O.#1810; BK 9
DECLARATION AND SALE OF THE SURPLUS PROPERTY LISTED BELOW:
2820 BRADLEY STREET
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a
Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF JERRY
BLUE IN THE AMOUNT OF $1,000 FOR PURCHASE OF THE REAL PROPERTY
LOCATED AT 2820 BRADLEY STREET AND AUTHORIZING THE MAYOR TO
EXECUTE A DEED FOR SAME," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). M.O.#1811; BK 9
ORDINANCES — ADOPTION
PAULA NYE MEMORIAL GRANT AWARD — KY BICYCLE & BIKEWAY
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY
OF PADUCAH ACCEPTING A GRANT AWARD FOR THE PAULA NYE
MEMORIAL EDUCATION GRANT AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT AND ALL DOCUMENTS RELATING THERETO
WITH THE KENTUCKY TRANSPORTATION CABINET." This ordinance is
summarized as follows: The City of Paducah hereby accepts grant funds in the amount of
$5,000 through the Kentucky Transportation Cabinet for the Paula Nye Memorial
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JANUARY 20, 2015
Education Grant. This grant will be used to create an after school program that will
educate school age children on bike safety and the importance of physical activity to their
overall health. Also, the Planning and Parks Services Departments will begin a campaign
to educate the public about the Greenway Trail and the City's bike plan. Furthermore,
the Mayor is authorized to execute a Grant Agreement and all documents relating thereto
with the Kentucky Transportation Cabinet.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2015-1-8210; BK 34
KOHS EMERGENCY GENERATOR GRANT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY BETWEEN THE KENTUCKY OFFICE OF
HOMELAND SECURITY AND THE CITY OF PADUCAH FOR A MATCHING
GRANT FOR THE PURCHASE OF AN EMERGENCY GENERATOR TO BE
INSTALLED AT THE POLICE DEPARTMENT". This ordinance is summarized as
follows: The City of Paducah hereby authorizes the Mayor to execute all documents
necessary with the Kentucky Office of Homeland Security for a 2014 grant award in the
amount of $75,000 for the purchase of one emergency generator to be installed at the
Paducah Police Department. The City's cash match of $105,765 will be provided
through the Police Department FY2015 budget.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2015-1-8211; BK 34
ORDINANCES — INTRODUCTION
ACCEPT GRANT AWARD FOR PURCHASE OF BODY ARMOR VESTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE
CITY OF PADUCAH ACCEPTING A 2014 LAW ENFORCEMENT PROTECTION
PROGRAM GRANT AWARD FOR THE PADUCAH POLICE DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL
DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF
HOMELAND SECURITY." This ordinance is summarized as follows: That the City of
Paducah accepts grant funds in the amount of $9,310 through the Office of Homeland
Security for a reimbursable 2014 Law Enforcement Protection Program Grant Award to
purchase body armors for police officers to be used by the Paducah Police Department.
This award does not require a local cash match. Further, the Mayor is authorized to
execute a grant agreement and all documents relating thereto for the grant award.
AUTHORIZE CHANGE ORDER NO. I- FINAL QUANTITIES FOR THE
GREENWAY TRAIL PHASE II PROJECT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
NO. 1 WITH HARPER CONSTRUCTION, LLC FOR THE GREENWAY TRAIL
PHASE II PROJECT." This ordinance is summarized as follows: The City of Paducah
hereby authorizes the Mayor to execute Change Order No. 1 for an increase in the
amount of $17,123.27 with Harper Construction, LLC for adjustment of actual quantities
installed to finalize the Greenway Trail Phase II Project, increasing the total cost to
$689,625.72.
CITY MANAGER REPORT
• Mr. Pederson reported the Electric Plant Board has interviewed five candidates
for the position of general manager.
0 He requested an executive session to discuss economic development.
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JANUARY 20, 2015
MUNICIPAL ORDER
APPROVE SETTLEMENT AGREEMENT WITH MACCO
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND
AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE AND A NOTICE OF LEASE TERMINATION
WITH MACCO ORGANIQUES CORPORATION, A KENTUCKY
CORPORATION, AND MACCO ORGANIQUES INC., A CANADIAN
CORPORATION," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). M.O.#1812; BK 9
MAYOR AND COMMISSIONER COMMENTS
No comments
PUBLIC COMMENTS
David Foil, new resident of Paducah, gave some very positive comments about the
City. He asked if the City would consider the possibility of creating a foot golf play
area within the MidTown Golf Park.
EXECUTIVE SESSION
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board go into closed session for discussion of matters pertaining to the following
topic:
• 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 Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
OPEN SESSION
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board
reconvene in open session.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
RESOLUTION
Mayor Kaler made a motion, seconded by Commissioner Wilson, that the following resolution
be adopted.
"A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY, DIRECTING AND INSTRUCTING CORPORATE COUNSEL TO PREPARE A
WRITTEN EXTENSION OF THE HOTEL DEVELOPMENT AGREEMENT DATED DECEMBER 17, 2013
AMONG THE CITY OF PADUCAH, KENTUCKY AND PADUCAH CONVENTION HOTEL, LLC, A
KENTUCKY LIMITED LIABILITY COMPANY, DAVID M. PUCKETT, TODD M. CLARK, JOHN M.
CLARK, DAVID B. JONES, GLENN R. MALONE, EDDIE CORLEY, AND GARRETT FORBES MATHIEU
REGARDING THE DEVELOPMENT AND CONSTRUCTION OF AN UPSCALE BRAND HOTEL
FRANCHISED BY A MAJOR HOTEL CHAIN AND THE FURTHER USE, OCCUPANCY, OPERATION,
MANAGEMENT OF THE HOTEL
WHEREAS, on December 17, 2013, the City and Paducah Convention Hotel, LLC, a
Kentucky limited liability company, David M. Puckett, Todd M. Clark,
John M. Clark, David B. Jones, Glenn R. Malone, Eddie Corley, and
Garrett Forbes Mathieu (collectively, jointly and severally, the
"Developer"), entered into a Hotel Development Agreement (the
"Development Agreement") regarding the Developer's development and
construction of an upscale brand hotel franchised by a major hotel chain
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JANUARY 20, 2015
and the further use, occupancy, operation, management by the Developer
of the hotel; and
WHEREAS, according to the Development Agreement the term of the agreement
terminated on April 30, 2014, unless essential conditions to the
Development Agreement were timely satisfied by the Developer; and
WHEREAS, the Developer has failed to timely perform these essential conditions to the
Development Agreement and the City is prepared to terminate the
Development Agreement; and
WHEREAS, the Developer has requested an additional extension of the term of the
Development; and
WHEREAS, the Paducah City Commission is agreeable to providing the requested
extension in consideration of the Developers commitments as set forth
herein which shall all be incorporated into a written extension agreement
prepared by corporate counsel to the City of Paducah.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF
PADUCAH, KENTUCKY:
1) The corporate counsel to the City of Paducah is directed and
instructed to prepare a written extension of the Hotel Development Agreement dated
December 17, 2013, which extension shall provide as follows:
A. The Development Agreement shall expire, terminate and be null
and void as of 2:00 p.m. CST on January 29, 2015, unless the
Conditions Subsequent set forth in Section 6 of the Development
Agreement are satisfied by the Developer prior to the aforesaid
date and time. Time shall be of the essence.
B. The Developer must expressly agree to the aforesaid expiration
and termination of the Development Agreement in the event the
Conditions Subsequent set forth in Section 6 of the Development
Agreement are not satisfied by the Developer. The Developer
further agrees that time is of the essence.
C. The timely satisfaction of the Conditions Subsequent shall
specifically include the following without limitation:
(i) The Developer's completion of its financing with
Independence Bank as required under the Commitment
Letter with the Bank;
(ii) The Developer depositing with Independence Bank the
equity infusion required under the Commitment Letter with
the Bank;
(iii) The Developer obtaining a fully executed written
construction agreement with contractor;
(iv) The Developer fully executing all definitive agreements
with the City; and
(v) The Developer depositing with the Bank by February 17,
2015 all funding required by the City to assure that the
Hotel project will proceed in balance.
D. The Developer must expressly agree that the hotel building site
shall be used and occupied for the 2015 AQS Quilt Show and the
use and occupancy of the site will be delivered to the Developer
within a reasonable period of time after the conclusion of the Quilt
Show and removal of the pavilion.
2) This Resolution shall be in full force and effect from and after its adoption.
JANUARY 20, 2015
Upon motion the meeting adjourned.
ADOPTED: JANUARY 27, 2015
City Clerk
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