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HomeMy WebLinkAbout07-28-2020July 28, 2020 Due to concerns related to technical difficulties at the meeting held on July 28, 2020, the City Commission chose to re -do this meeting in its entirety on August 11, 2020. Though it was determined that the July 28, 2020 meeting of the Board of Commissioners complied with Open Meetings laws and SB150, the City chose to re -do the July 28th meeting in an effort to go above and beyond to exemplify transparency. Since this was a regular meeting of the Board of Commissioners which was open for public viewing and virtual participation, the minutes were adopted by the Board at the August 25, 2020 City Commission Meeting as the permanent record of the meeting. At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 28, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Watkins, Wilson and Mayor Harless (4). Commissioner McElroy experience technical difficulties at the beginning of the meeting causing the video to appear, however no audio was available to hear her response to the call of the roll. Commissioner McElroy was able to regain audio access during the discussion related to the Wellness Center Due Diligence Proposal. In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video teleconferencing. The public was invited to view the meeting onYouTubeathttps://www.youtube.com/usgr/paducahkygo or on the government access channel Government 11 (Comcast channel 11). Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner Watkins led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. MOTION TO SUSPEND RULES OF ORDER Mayor Harless offered motion, seconded by Commissioner Wilson, that the rules for conducting City Commission Meetings be Suspended insofar as they are in conflict with the printed agenda for this meeting in order to move item II(A) Wellness Center Due Diligence Proposal Discussion, item III(A) Municipal Order for the Lose Agreement Suspension to the beginning of the meeting and item V(E) City Block Development Agreement to directly after the Consent Agenda. Otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioner Abraham, Watkins, Wilson and Mayor Harless (4). Commissioner McElroy was not able to access audio to vote on this motion. DISCUSSION WELLNESS CENTER DUE DILIGENCE PROPOSAL DISCUSSION. Commissioner Abraham led a discussion on the need to due a clean pause on the Lose Agreement Suspension without spending further money on the project. (Commissioner McElroy was able to regain both audio and video. She noted that she had been able to hear everything that had gone on thus far in the meeting.) RESCIND AMENDMENT TO MUNICIPAL ORDER FOR LOSE & ASSOCIATES Commissioner Abraham offered motion, seconded by Commissioner Watkins, that the Board of Commissioners rescind the amendment to the Municipal Order entitled, "A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021 AND FURTHER DIRECTING THE CITY MANAGER TO CONTINUE DUE DILIGENCE RELATED TO THE PROJECT," as adopted at the last Commission Meeting so that the Commission may vote on the original Municipal Order to continue the Suspension of the Lose & Associates, Inc. Agreement without additional due diligence wording. July 28, 2020 Failed on call of the roll, nays, Commissioner McElroy, Wilson, and Mayor Harless. Yeas, Commissioner Abraham and Watkins (2). MUNICIPAL ORDER ADOPT MUNICIPAL ORDER AS AMENDED FOR LOSE AGREEMENT SUSPENSION AND FURTHER DUE DILIGENCE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners amend the Municipal Order entitled, "A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021," to add language directing the City Manager to continue due diligence related to the project. Due diligence should include the following: 1. The creation of a conceptual build -out for perspective tenants. 2. The creation of community focus groups for the project with an emphasis on inclusion and programming. 3. Research on financial assistance and facility naming rights. 4. Research on facility costs with an emphasis on understanding the impact of COVID-19 on the project Pro Forma. Expenditures related to the above referenced due diligence shall be done within the limits of the City's Small Purchase Plan and within the City Manager's procurement restrictions unless otherwise authorized by the Board of Commissioners. WELLNESS CENTER PUBLIC COMMENTS Once this item was on the table, the Commission allowed for public comments related to the Wellness Center. Victoria Terra and Mary Byrne offered comments in support of the Wellness Center. Yvonne Gray and Scott Burnett had signed up to speak, but they were no longer logged into the virtual teleconference at the time of public comments. Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3), nays Commissioners Abraham and Watkins (2) (See August 11, 2020 Meeting Minutes for Adoption Information) CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the July 14, 2020 Meetings of the Board of Commissioners of the City of Paducah I(B) Personnel Actions I(C) Receive & File Documents: Minute File: 1. Petitions to Stop the Indoor Recreation and Aquatic Center Deed File: 1. Deed of Conveyance — McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) (ORD 2020-07-8642; BK 36) Contract File: I. Amendment To and Assumption of Lease Agreement — McCracken County and City of Paducah and KSR Legacy Investment Corp. (ORD 2020-05-8637; BK 36 — Exhibit "A") 2. Memorandum of Lease and Memorandum of Assignment and Assumption — Genova Products, Inc. to KSR Legacy Investment Corp, et al — ORD 2020-05-8637; BK 36 Exhibit "B" July 28, 2020 Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) (See August 11, 2020 Meeting Minutes for Adoption Information) ORDINANCE INTRODUCTION APPROVE A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME." This Ordinance authorizes the Mayor to execute a Development Agreement with Wayland Ventures Development, LLC, for a City Block Boutique Hotel, Parking, Open Space, and Mixed -Use Residential Building located at the City Block bounded by Second Street, Broadway, North Water Street and Jefferson Street and authorizes the associated property transfer to Weyland Ventures Development. CITYBLOCKDEVELOPMENT PRESENTATION Public Information Officer, Pam Spencer, offered the following summary of the presentation: "City Block Development Agreement (vote August 11) The Paducah Board of Commissioners introduced an ordinance to approve a development agreement between the City and Weyland Ventures Development, LLC for the City Block project. This project includes the development of a hotel, parking, open space, and mixed-use residential buildings located 3. Assignment and Loan Assumption Agreement — Genova Products, KSR Legacy Investment Corp., McCracken County, Kentucky and Paducah, Kentucky — (ORD 2020-05-8637; BK 36) Exhibit "C" 4. Security Agreement — KSR Legacy Investment Corp., McCracken County, Kentucky, and City of Paducah, Kentucky — (ORD 2020-05-8637; BK 36) — Exhibit "D" 5. Settlement Statement and Loan Closing Documents - McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) ORD 2020-07-8642; BK 36 6. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah City Clerk's Office — MO #2334; BK 11 7. Declaration of Trust and Trust Participation Agreement For the Kentucky League of Cities Workers' Compensation Trust — MO #2354; BK 11 8. Trust Participation Agreement For the Kentucky League of Cities Insurance Services General Insurance Trust — MO #2355; BK 11 9. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah Police Department — MO 42358; BK 11 10. Contract For Services — West Kentucky Community & Technical College and PJC for operation of the Public and Governmental Access Channels — MO #2360; BK 11 I(D) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR A COPS HIRING PROGRAM (CHP) GRANT AWARD IN AN AMOUNT OF $375,000 FOR THE HIRING OF THREE NEW SCHOOL RESOURCE OFFICERS AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME. (See August 11, 2020 Meeting Minutes for Adoption Information) Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) (See August 11, 2020 Meeting Minutes for Adoption Information) ORDINANCE INTRODUCTION APPROVE A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME." This Ordinance authorizes the Mayor to execute a Development Agreement with Wayland Ventures Development, LLC, for a City Block Boutique Hotel, Parking, Open Space, and Mixed -Use Residential Building located at the City Block bounded by Second Street, Broadway, North Water Street and Jefferson Street and authorizes the associated property transfer to Weyland Ventures Development. CITYBLOCKDEVELOPMENT PRESENTATION Public Information Officer, Pam Spencer, offered the following summary of the presentation: "City Block Development Agreement (vote August 11) The Paducah Board of Commissioners introduced an ordinance to approve a development agreement between the City and Weyland Ventures Development, LLC for the City Block project. This project includes the development of a hotel, parking, open space, and mixed-use residential buildings located July 28, 2020 on the 2.88 -acre city -owned block bounded by Second Street, Broadway, North Water Street, and Jefferson Street. Bill Weyland and Barry Alberts with Weyland Ventures provided an overview of the company and its various projects including several projects completed in Louisville, Kentucky, and Dayton, Ohio. Alberts stated that Weyland Ventures likes Paducah and would like to do more projects after investing $21 million in the City Block project. In April 2019, the City and Weyland entered into a pre -development agreement for each party to undertake various site due diligence for the project including numerous stakeholder meetings, market and financial analysis, project development and design, environmental review and geotechnical analysis, and parking analysis. Under this development agreement, the project is divided into two construction phases. The city - owned block is divided into three tracts with Weyland purchasing the two smaller tracts (Tract 1 and Tract 3). The middle tract (Tract 2) is the largest which will remain under city ownership for parking and open space. The first phase includes Weyland purchasing Tract 1 for $141,000 for the construction of a 4 '/z story boutique hotel, with the final site plan showing 84 rooms, along Jefferson Street. Weyland will invest a minimum of $12 million in the hotel. The City will review the design of the hotel to ensure the design fits the fabric of the historic downtown. Also, during this first phase, Weyland will provide improvements to Tract 2 (the middle tract) to create green space, open space, and parking with the final site plan depicting 172 parking spaces. At this time, this parking lot offers 213 spaces. The City will retain ownership of Tract 2 and will reimburse Weyland for the development expenses. The second phase of this development is the construction of two mixed-use commercial and residential buildings along Broadway on Tract 3. Weyland will purchase Tract 3 for $155,000 and will invest a minimum of $9 million into this phase. Phase 2 could include approximately 18,000 square feet in commercial space with up to 48 upper -story residential units." CITYBLOCKDEVELOPMENT PUBLIC COMMENTS Dujuan Thomas and George Bray offered comments opposing the project. Victoria Terra, Michael Terra, Mary Byrne, Ruth Baggett and Todd Blume offered comments supporting the project. Yvonne Gray had signed up to speak on the City Block Development, but was no longer logged into the virtual teleconference at the time of public comments. MOTION TO TABLE TABLE "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Commissioner Watkins offered motion, seconded by Commissioner Abraham, that the Board of Commissioners table the ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME." Failed on call of the roll, yeas, Commissioners Abraham and Watkins (2) and Nays, Commissioner McElroy, Wilson and Mayor Harless (3). At this point, Commissioner McElroy left the meeting. ORDINANCES) — ADOPTION REZONING OF 5802 COMMERCE DRIVE Mayor Harless 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 ZONE CHANGE FOR PROPERTY LOCATED AT 5802 COMMERCE DRIVE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO July 28, 2020 M-1 (LIGHT INDUSTRIAL ZONE)" This Ordinance is summarized as follows: Rezone property located at 5802 Commerce Drive, from R-1 (Low Density Residential) Zone to M-1 (Light Industrial) Zone classification, and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) CHANGE ORDER FOR THE JIM SMITH CONTRACTING, LLC, 2018-2019 RESURFACING PROGRAM Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC, IN ORDER TO EXTEND THE CONTRACT AND INCLUDE THE CONTRACT PRICING FOR PAVEMENT MARKINGS." This Ordinance authorizes the Mayor to execute Change Order No. 1 with Jim Smith Contracting Company, LLC, to extend the Contract to December 31, 2020 and include contract pricing for Pavement Markings for the City of Paducah's Resurfacing Program in accordance with the price list in the Change Order." Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) APPROVE THE TRANSFER OF MUNICIPALLY OWNED PROPERTIES LOCATED THROUGHOUT PADUCAH TO THE JOINT SEWER AGENCY Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF MUNICIPALLY OWNED REAL PROPERTIES LOCATED THROUGHOUT PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PURSUANT TO THE PROVISIONS OF CITY ORDINANCE NO. 98-8-5927 ESTABLISHING THE AGENCY WITHIN PADUCAH." In this Ordinance the City of Paducah authorizes the transfer of City owned real properties located at various locations throughout McCracken County, Kentucky, to Paducah -McCracken County Joint Sewer Agency pursuant to the provisions of the City's ordinance establishing the Agency. This Ordinance further authorizes the Mayor of Paducah, Kentucky, to execute and deliver a general warranty deed of conveyance of the real properties. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) ORDINANCE — INTRODUCTIONS APPROVE FINANCING OF THE 2010B GENERAL OBLIGATION BOND FOR INTEREST SAVINGS Mayor Harless 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 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020B IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,945,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE SIZE OF THE BONDS BY UP TO $295,000 OR DECREASING THE SIZE OF THE BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B MATURING ON OR AFTER JUNE 1, 2021, THE PROCEEDS OF WHICH WERE USED TO REFUND THE ORIGINAL COSTS OF FINANCING THE EXPANSION OF THE JULIAN CARROLL CONVENTION CENTER AND THE CONSTRUCTION OF THE FOUR RIVERS CENTER FOR THE PERFORMING ARTS; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH CONVENTION AND VISITORS BUREAU, THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF July 28, 2020 NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUND; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS; AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PLAN OF REFUNDING; AND REPEALING INCONSISTENT ORDINANCES." This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2020B in the approximate principal amount of $2,945,000 (the "Bonds") by the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose of refunding the City's outstanding General Obligation Refunding Bonds, Series 2010B (the "Prior Bonds") maturing on or after June 1, 2021, the proceeds of which were used to refund the City's General Obligation Bonds, Series of 2001 (Convention and Arts Center Projects), the proceeds of which were used to finance the costs of an expansion of the Julian Carroll Convention Center and to construct the Four Rivers Center for the Performing Arts (collectively, the "Project"). The Ordinance further authorizes the execution and delivery by the City of an Amended and Restated Interlocal Cooperation Agreement (the "Interlocal Amendment") by and among the City, the County of McCracken, Kentucky (the "County"), the Paducah -McCracken County Convention Center Corporation (the "Corporation"), the Paducah Convention and Visitors Bureau (the "Bureau"), and the McCracken County Sports Tourism Commission (the "Sports Commission"). Pursuant to the Ordinance and the Interlocal Agreement, certain transient room taxes to be received from the Bureau and certain County payments will be pledged as additional security for the Bonds. 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 a Bond Payment Fund; for the maintenance of the previously established sinking fund; for certain covenants of the City with respect to the Bonds and for the execution of such additional instruments as shall be necessary to accomplish the plan of refunding. 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 June 1 of each of the years 2021 through 2026. 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 the Ordinance and the Interlocal Agreement. 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 the Bonds, and the interest thereon, the full faith, credit, and taxing power 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. The 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 the years are certified, extended and collected. The 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 Interlocal Agreement, 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." APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $141,000 FOR PAXTON PARK GROUNDS EQUIPMENT Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re -appropriations: Transfer $141,000 from the FY2021 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. ADOPT AN AMENDMENT TO THE SIGN REGULATIONS, SEC. 126-76(m), TO ALLOW ELECTRONIC SIGNS IN THE MU AND 1-1 DISTRICTS Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE AMENDING SECTION 126-76 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, PERTAINING TO ELECTRONIC SIGNS IN THE MU AND A-1 DISTRICTS." This Ordinance is summarized as follows: This July 28, 2020 ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow electronic signs in MU and A-1 Zones under similar standards as the B-2 district with one additional standard proposed which prohibits changing of the message between the hours of 11:00 p.m. and 5:00 a.m., to prevent any flashing during sleep hours. ADOPT AN AMENDMENT TO SEC. 126-176 OF THE ZONING CODE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE AMENDING SECTION 126-176 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, TO PROVIDE FOR AN ALTERNATIVE REZONING APPROVAL PROCESS, RENAMING OF THE SECTION, EXPANDING NOTICE REQUIREMENTS, AND REORDERING AND RENUMBERING OF THE SECTION." This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow for an alternative map amendment process to provide for added efficiencies. This amendment would allow for Planning Commission recommendations for map amendments to become final 21 days after the Planning Commission's decision if there are no requests that the application be brought before the Board of Commissioners. Further, this ordinance cleans up certain language including the renaming of the section, organization of the section, and expanding the legal notice parameters and the amount of time given. APPROVE THE FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL AGREEMENT WITH RIVERFRONT HOTEL LP Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT, AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT." This Ordinance approves and authorizes the execution on behalf of the City a First Amendment and Extension to Right of First Refusal Agreement, dated November 4, 2015 between City and Paducah Riverfront Hotel, LP, the developer, as to the real estate owned by City and generally located at 501 North 3rd Street, Paducah, McCracken County, Kentucky. This First Amendment amends and extends the expiration date of the original agreement for two (2) more years and amends developer's commitments under the Agreement to allow more flexibility in the type of full-service accommodations for transient travels and tourist to be developed on the real estate. ADJOURN Mayor Harless offered motion, seconded by Commissioner Watkins, to adjourn the meeting. All in favor. Meeting ended at approximately 8:03 p.m. ADOPTED: August 25, 2020 Brandi Harless, `Maya ATTE T: dsay Parish, C' Clerk