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Home My WebLink About08-12-2020August 12, 2020 At a Called Meeting of the Board of Commissioners, held on Wednesday, August 12, 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, McElroy, Wilson and Mayor Harless (4). Commissioner Watkins was unable to attend the meeting. 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 and/or audio teleconferencing. The public was invited to view the meeting on the government access channel Government 11 (Comcast channel 11). The meeting was also streamed on the City's Youtube channel for the public's convenience. Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. DELETIONS: The Presentation by Sharon Pout regarding a Midtown Alliance of Neighbors update was deleted from the agenda. CONSENTAGENDA 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) Receive & File Documents Minute File: 1. Kentucky Department of Workers' Claims Drug -Free Workplace Renewal Affidavit Deed File: 1. Commissioner's Deed = 416 North 13'h Street, Paducah, KY 2. Deed of Conveyance — Paducah -McCracken County Industrial Development Authority and City of Paducah For the Use and Benefit of the Commissioners of Waterworks — MO #2364 Contract File: 1. Contract with DRMS — Felony Record Scanning and Digitizing Project — Paducah Police Department — MO #2330 2. Contract with Doc Scan of Western Kentucky — Paducah City Clerk's Office — MO #2334 3. 2020-2021 Kentucky Pride Fund Household Hazardous Waste Management Grant Agreement — MO 92357 4. Memorandum of Understanding — Paducah Creative Entrepreneurship Consultant, Jennifer Reis — CM Signed — SEE MO #2359 5. Change Order to Agreement with Jim Smith Contracting, Inc., LLC for the 2018- 2019 Resurfacing Program to Include Contract Pricing for Pavement Markers (ORD 2020-07-8644) Financials File: 1. Paducah Water Works — June, 2020 I(B) Personnel Actions I(C) A MUNICIPAL ORDER APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE MCCRACKEN COUNTY FISCAL COURT FOR THE ADMINISTRATION OF A 2020-2021 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT AWARD AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT (MO 42371; BK 11) August 12, 2020 I(D) A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 2340 ENTITLED, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY FOR AN FY2020 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $13,094.65, TO BE USED BY THE PADUCAH POLICE DEPARTMENT FOR THE PURCHASE FIVE (5) HAND- HELD RADIOS," TO CHANGE THE APPLICATION AMOUNT TO $11,316 AND THE NUMBER OF PROPOSED HAND-HELD RADIOS TO FOUR (4) AND AUTHORIZING THE ACCEPTANCE OF ALL GRANT FUNDS AWARDED (MO #2372; BK 11) Mayor Harless offered motion, seconded by Commissioner Abraham, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless (4) ORDINANCE ADOPTIONS APPROVE FINANCING OF THE 2010B GENERAL OBLIGATION BOND FOR INTEREST SAVINGS Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt 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 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 August 12, 2020 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." Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4). (ORD 2020-08-8646; BK 36) 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 adopt 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 FY2020 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, and Wilson (4). (ORD 2020-08-8647; BK 36) 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 Abraham, that the Board of Commissioners adopt 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 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. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4) (ORD 2020-08-8648; BK 36) ADOPT AN AMENDMENT TO SEC. 126-176 OF THE ZONING CODE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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, August 12, 2020 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. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4). (ORD 2020-08-8649; BK 36) APPROVE A "CITY BLOCK" DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt 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 Weyland Ventures Development, LLC, (as amended by motion and vote of the Board of Commissioners on August 11, 2020) 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. Call the Question: After a lengthy discussion, Mayor Harless offered motion, seconded by Commissioner Wilson, to call the question. Question was called on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3), Nays, Commissioner Abraham (1) Roll call on Ordinance to adopt the City Block Development Agreement: Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3) Nays, Commissioner Abraham (1) (ORD 2020-08-8650; BK 36) APPROVE THE FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL AGREEMENT WITH RIVERFRONT HOTEL LP Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3) Nays, Commissioner Abraham (1) (ORD 2020-08-8651; BK 36) ORDINANCE INTRODUCTION Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE August 12, 2020 PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 401 WALTER JETTON BOULEVARD FROM R-3 (MEDIUM DENSITY RESIDENTIAL ZONE) TO B-3 (GENERAL BUSINESS ZONE)." This Ordinance is summarized as follows: Rezone property located at 401 Walter Jetton Boulevard, from R-3 (Medium Density Residential) Zone to B-3 (General Business) Zone classification, and amending the Paducah Zoning Ordinance to affect such rezoning. COMMENTS BY CITY MANAGER Bob Leeper Bridge is being set tonight. COMMENTS BY COMMISSIONER Commissioner McElroy - the music playground has been installed in Noble Park. Expressed her gratitude to all Garden Club members who made this project successful. A ribbon cutting is being planned. Mayor Harless stated that she will be reaching out to members of the Commission to get their input on returning to in-person meetings. What precautions they want to take, and when they might consider returning to virtual meetings if the need arises. She feels that a set policy will make the process more transparent to the media and the citizens of Paducah. Commissioner Abraham commented on the City Block ordinance discussion. PUBLIC COMMENTS ➢ Chris Hill — Thanked Commission for their service and commented that he supports the City Block development. ➢ George Bray — Made comments related to the City Block development. ADJOURN Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 6:41 p.m. ADOPTED: August 25, 2020 Brandi Harless, Maya ATTES say Parish, CityC1 r