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HomeMy WebLinkAboutCCMPacket2016-05-10ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONSIDELETIONS CITY COMMISSION MEETING AGENDA FOR MAY 10, 2016 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET PRESENTATIONS: Duchess of Paducah Paducah Symphony Orchestra Beer best Fundraiser — D. SENE Paducah Chief's Baseball — G. McKEEL 1. MINUTES II. MOTION A. R & F Documents III. MUNICIPAL ORDERS A. Personnel Actions B. KLC Worker's Compensation Safety Grant — S. DOOLITTLE C, Approve Application for Bulletproof Vest Partnership Grant POLICE CHIEF BARNHILL IV. ORDINANCES -ADOPTION A. Contract with Paducah Convention & Visitors Bureau — CITY MGR V. ORDINANCES - INTRODUCTION A. Accept 2014 Land & Water Conservation Fund Grant Award — S. ERVIN B. Authorize Execution of Hotel tiiodification Agreement — CITY MGR PEDERSON C. Transfer Real Property Located at 619 North 6" Street to the Paducah -McCracken County Convention Center Corporation — CITY MGR PEDERSON Vl. CITY MANAGER REPORT MAYOR & COMMISSIONER COMMENTS VIII.I PUBLIC COMMENTS EXECUTIVE SESSION APRIL 26, 2016 At a Regular Meeting of the Board of Commissioners, held on Tuesday, April 26, 2016, 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). PROCLAMATION PUBLIC SERVICE RECOGNITION WEEK Mayor Kaler read a proclamation proclaiming May I through 7, 2016, as "Public Service Recognition Week". INTRODUCTION OF PADUCAH TILGHMAN HIGH SCHOOL'S NEW FOOTBALL COACH Commissioner Abraham introduced Kurt Barber, Tilghman's new head football coach. He is a former standout linebacker for the USC Trojans and in the National Football League. BRIEF OVERVIEW OF THE 2016 PARKS & CITY (SUMMER) EVENTS Special Events Coordinator Molly Tomasallo and Recreation Superintendent Arme Clark gave a short summary of the events the City will sponsor for the summer. Events offered are the Riverfront Concert Series (held on select Thursday evenings), Li, -e On the River (once a month in June, July & August), Snapshot of Summer 2016 (a variety of Parks events) and the Paducah Farmers' Market (market times are Monday through Friday, 11:00 a.m.to 6:00 p.m. , Saturdays, 7:30 a.m. to 2:00 p.m.). At the end of the presentation Mrs. Clark introduced Parks staff that was present at the meeting. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the April 19, 2016, City Commission meeting be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted upon call of the roll. yeas, Commissioners Abraham, Gault, Rhodes, Wilson and IVlayor Kaler (5). APPOINTMENT HUMAN RIGHTS COMMISSION Mayor Kaler made the following appointment: WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Phillip Johnson as a member of the Paducah Human Rights Commission. This term will expire July 24, 2019; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Brittany Beck to replace Leslie Page, who has resigned as a member of the Paducah Human Rights Commission. This term will expire July 24, 2017. Commissioner Gault offered motion, seconded by Comniss'loner Abraham, that the Board of Commissioners approve the recommendation of Mayor Kaler in appointing Phillip Johnson and Brittany Beck as members of the Paducah Human Rights Commission. APRIL 26, 2016 Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MOTION R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioacr Wilson, that the following document be received and filed: DOCUMENTS I. Contracts/Agreements: a. 2016 One -Year Renewal Agreement with Central Paving Company of Paducah, Inc. for Compost Grinding of tree debris and yard waste (ORD 9 2014-03-8125) b. Contract for Services with the Greater Paducah Economic Development Council for FY2016 (ORD 4 2016-04-8359) 2. Project Completion Report for Four Rivers Behavioral Health Recovery Center (Center Point) (ORD 9 2014-09-8181) 3. GPEDC, Inc. Financial Statements for the Years Ended June 30, 2015 and 2014 4. Paducah Water Works Financial Highlights for February 2016 Adopted on call of the roll, yeas, Commissioners Abraham, Gauit, Rhodes, Wilson and Mayor Kaler (5). MUNICIPAL ORDERS PERSONNEL ACTIONS Commissioner Wilson 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, Gault, Rhodes, Wilson and Mayor Kaler (5). ORDINANCE — ADOPTION REIMBURSEMENT AGREEMENT WITH PADUCAH WATER Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH WATER FOR ASPHALT AND CONCRETE REHABILITATION WORK WITHIN VARIOUS LOCATIONS OF CITY RIGHT-OF-WAY IN THE 1300 BLOCK OF KENTUCKY AVENUE ASSOCIATED WITH THE PADUCAH WATER 24" TRANSMISSION WATER MAIN CONSTRUCTION PROJECT.'' This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a reimbursement' agreement between Paducah Water and the City of Paducah, Kentucky, for reimbursement for asphalt and concrete rehabilitation work within various location of city right-of-way in the 1300 block of Kentucky Avenue associated with the Paducah Water 24" transmission water main construction project, estimated at $220,000. In the event the total invoice amount exceeds the estimated amount APRIL 26, 2016 required to complete said project, Paducah Water agrees to reimburse the City fully for all costs required to complete the rehabilitation work in excess of the estimated costs. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.#2016-4-8362; BK 34 ORDINANCE — INTRODUCTION CONTRACT WITH PADUCAH CONVENTION & VISITORS BUREAU Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, 'AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE PADUCAI I-MCCRACKEN COUNTY CONVENTION AND VISITORS BUREAU FOR SPECIFIC Sf_;1?:VICES." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a contract with the Paducah - McCracken County Convention and Visitors Bureau in the amount of $25,000 to be used for marketing and promoting events and venues related to the 2016 American Quilters Society Show. This contract shall expire June 30, 2016. CITY MANAGER REPORT • FY2017 budget preparation began about a month ago. Staff is in the second round of reviews. Will be bringing the budget before the commission in the next month. • Working on funding mechanisms for the floodwall project. Hope to have a successful CDBG grant application that will be used toward funding the project. The City has heard that Washington is looking at reauthorizing the project ,,Arfich means the City could get funding from the federal government to help with the project. • This year's American Quilter's Society show was another successful event. • City Engineer Rick Murphy reported construction for the Olivet Church Road Improvement Project has started again. Work is being completed on the east side of Olivet Church Road headed back toward Cairo Road. Construction to widen a section of Olivet Church Road to a three -lane beginning at U.S. 60 toward James Sanders Boulevard will begin in the next couple of weeks. MAYOR & COMMISSIONER COMMENTS None were given. PUBLIC COMMENTS None were given. Upon motion the meeting adjourned. ADOPTED: May 10, 2016 City Clerk Mayor MAY 10, 2016 I move that the following documents be received and filed: DOCUMENTS Notice of Cancellation for the Board of Commissioners of the City of Paducah, Kentucky for May 3, 2016 Certificates of Liability Insurance a. Premier Fire Protection, Inc. b. Vanguard Contractors, LLC c. Municipal Equipment, Inc. Quitclaim Deed with Christ Temple Apostolic Church for 1018 North 14`� Street, Tract l &z (MO9 1888) Contracts/Agreements: a. Memorandum of Agreement with the Department for Local Govertunent Office of Federal Grants for a walking trail in the Health Park (ORD 9 2016-04-8356) b. Contract for Services with the Greater Paducah Sustainability Project, Inc. (Executed by CN/1) c. Contract Modification for Memorandum of Agreement with the Kentucky Department of Fish and Wildlife Resources to extend time and balance of the grant for construction of a transient boat dock (ORD 9 2014-09-8186) City of Paducah Department of Finance Financial Report for period ending February 29, 2016 Paducah Water Works financial Highlights for March 2016 Paducah -McCracken County Convention & Visitors Bureau Financial Statements for period ended June 30, 2015 CITY OF PADUCAH May 10, 2016 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. City Manager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS May 10, 2016 NEW HIRES - PART-TIME IPITIITEMPORARYISEASONAL PARKS SERVICES Clark, Morgan Recreation Leader Summer Camp Coordinator NCS Non -Ex May 11. 2016 $8.12/Hr 59.14/Hr Darnell, Teresa Tot School Assistant Tot School Assistant NCS Non -Ex May 11. 2016 $8.00/H r $11.00/H r Reese, Katherine Athletic Instructor Tot School Instructor NCS Non -Ex May 11, 2016 $10.00/Hr $11.00/Hr HUMAN RESOURCES Russell, Martin HR Generalist HR Generalist NCS Non -Ex May 12, 2016 $17 77/Hr $18 57/Hr PLANNING Chino, Sheryl Grants Administrator Grants Administrator NCS Non -Ex May 12. 2016 $25.57/Hr $26.47/Hr EPW- FLOODWALL Kulik. Ryan J Maintenance Technician Floodwall Operator NCS Non -Ex May 12. 2016 $17 96/Hr $17 96/Hr POSITION RATE NCSICS FLSA EFFECTIVE DATE PARKS SERVICES Aspery, Whitney M Recreation Leader $11.00/Hr NCS Non -Ex May 11, 2016 Cissell, Bailey F Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Curry, Michael Lifeguard $8.12/Hr NCS Non -Ex May 12, 2016 Draffen, Mya S Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Fitzpatrick, Jaden L Recreation Leader $8.12/Hr NCS Non -Ex May 19, 2016 Fletcher, Jack G Lifeguard $8.12/Hr NCS Non -Ex May 19.2016 Griffith, Emily M Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Heal, Kylee Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Hill, Courtney C Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Johnson, Malley C Recreation Leader $8.12/Hr NCS Non -Ex May 19, 2016 Keeter,Sear) S Recreation Leader $8.12/Hr NCS Non -Ex May 19, 2016 Kinne, Kaitlyn E Recreation Leader $11.00/Hr NCS Non -Ex May 11, 2016 Lambert, Rianna F Recreation Leader $8.12/Hr NCS Non -Ex May 19, 2016 Martin, John W Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Murt, Ryan T Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Neely, Campbell C Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Shell, Kaitlyn N Recreation Leader $8.12/Hr NCS Non -Ex May 19, 2016 Stewart. Kelly A Recreation Leader S8.12/Hr NCS Non -Ex May 5, 2016 Thompson, Molly C Recreation Leader $11 00/Hr NCS Non -Ex May 11, 2016 Tokarz, Sandra M Pool Attendant $7.62/Hr NCS Non -Ex May 19, 2016 Turner, Jesse M Recreation Leader $8.12/Hr NCS Non -Ex May 12, 2016 Vasseur, Nate R Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 Wolfe, John R Lifeguard $8.12/Hr NCS Non -Ex May 19, 2016 - PAYROLL ADJUST MENTSITRANSFERSIPROMOTIONSITEMPORARYASSIGNMENTS - PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FIRE - SUPPRESSION Harris, Daniel FF / Relief Driver Acting Fire Lieutenant NCS Non -Ex April 1. 2016 S14.97/1dr $1623/Hr Jackson, Gary R Fire Lieutenant Acting Fire Captain NCS Non -Ex April 1. 2016 $16.39/Hr $17.47/Hr PARKS SERVICES Clark, Morgan Recreation Leader Summer Camp Coordinator NCS Non -Ex May 11. 2016 $8.12/Hr 59.14/Hr Darnell, Teresa Tot School Assistant Tot School Assistant NCS Non -Ex May 11. 2016 $8.00/H r $11.00/H r Reese, Katherine Athletic Instructor Tot School Instructor NCS Non -Ex May 11, 2016 $10.00/Hr $11.00/Hr HUMAN RESOURCES Russell, Martin HR Generalist HR Generalist NCS Non -Ex May 12, 2016 $17 77/Hr $18 57/Hr PLANNING Chino, Sheryl Grants Administrator Grants Administrator NCS Non -Ex May 12. 2016 $25.57/Hr $26.47/Hr EPW- FLOODWALL Kulik. Ryan J Maintenance Technician Floodwall Operator NCS Non -Ex May 12. 2016 $17 96/Hr $17 96/Hr Agenda Action Form Paducah City Commission Meeting Date: 10 May 2016 Short Title: 2016 Kentucky League of Cities (KLC) Insurance Services Safety Grant Application ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Doolittle; Sheryl Chino Presentation By: Steve Doolittle Background Information: KLCIS Safety Grant Program was developed in 1899 as a way for members to stretch our safety budget. This grant has a 50150 matching funds safety grant program that will reimburse a city up to $3,000 for prior -approved items/equipment that will reduce Workers' Compensation exposures. For this funding cycle, the Human Resources Department is applying for the isometric testing and reimbursement for three individuals to attend the KLC Safety Conference. The total cost is $3,900 The city will apply for $1,950 from grant program and the Human Resources Department will provide $1,950 in matching funds. Goal: ❑ Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents. Attachments: None /* Department Head City Clerk City Manqer MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2016 MATCHING INSURANCE SERVICES SAFETY GRANT AWARD IN THE AMOUNT OF $1,950 FROM THE KENTUCKY LEAGUE OF CITIES FOR ISOMETRIC TESTING FEES AND REIMBURSEMENT FOR INDIVIDUALS TO ATTEND THE KENTUCKY LEAGUE OF CITIES SAFETY CONFERENCE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to obtain a 2016 matching Insurance Services Safety Grant in the amount of $1,950 from the Kentucky League of Cities for reimbursement for three individuals to attend the Kentucky League of Cities Safety Conference and for Isometric Testing fees for the Human Resources Department. Matching funds in the amount of $1,950 will be provided through the City's Human Resources Departments budget. SECTION 2. This order will be in full force and effect from and after the date of its adoption. Mayor ATTEST Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, May 10, 2016 Recorded by Tammara S. Sanderson. City Clerk, May 10, 2016 \mo\grantsWc safety grant 2016 Agenda Action Form Paducah City Commission Meeting Date: 10 May 2016 Short Title: 2016 US Bulletproof Vest Partnership Grant Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Robin Newberry, Sheryl Chino Presentation By: Chief Brandon Barnhill Background Information: The U.S. Department of Justice (DOJ) Bulletproof Vest Partnership (BVP) Grant Program, an online application, provides a maximum 50 -percent reimbursement for the purchase of body armor for police. The City received $12,644.64 from this grant program in 2015. The Police Department is requesting 19 Summit Series Level II body armor vests from the BVP program for a total estimated cost of $14,060. The Police Department is basing the cost of each vest on an estimate of $740 each. This grant requires a 50 -percent match; therefore, the Police Department will request $7,030 from the BVP program and provide $7,030 from the department's FY2017 Court Awards. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Project Number: File #: Finance Account Number: 001-1602-521-4212 CFDA Number: Staff Recommendation: Authorize the mayor to execute all grant application documents and authorize the planning department to submit the grant application via the BVP grant portal. Department Head __City Clerk C i ana er MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH PLANNING DEPARTMENT TO APPLY FOR A 2016 U.S. BULLETPROOF VEST PARTNERSHIP GRANT IN AN AMOUNT NOT TO EXCEED $7,030 THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Paducah Planning Department is hereby authorized to apply for a 2016 U.S. Bulletproof Vest Partnership Grant through the U.S. Department of Justice in the amount of $7,030 to be used to purchase Safariland Summit SM02-II body armor vests for the Police Department. The Cit} will provide a cash match of $7,030 from the Police Department's FY2017 budget. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Cleric Adopted by the Board of Commissioners; May 10, 2016 Recorded by Tammara S. Sanderson, City Clerk, May 10, 2016 xnWgrants`,police-bulletproof vest 2016 Agenda Action Form Paducah City Commission Meeting Date: April 26, 2016 Short Title: Contract with Paducah Convention & Visitors Bureau - S25,000 (conduit for AQS) ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By Background Information: Claudia Meeks, Jonathan Perkir•.s Jeff Pederson, City Manager As part of the Investment Fund Decision Items for FY2016 (current year), the Commission approved appropriation to fund the American Quilters Society for the 2016 Quilt Show in the amount of $25,000. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the City funds. In order to expedite and simplify the process, the Paducah -McCracken County Convention Visitor Bureau (CVB) has agreed to act as a conduit through which local agency funds may flow. Therefore, the City will need to execute a contract with the CVB to handle the 525,000 payment. History - In July 2007, the City verbally committed to a cash incentive of 525, 000for the spring 2008 Atnerican Quilter Society (,QS) Show. Other local agencies also committed funds to the AQS show. The funds tivere to he used to market and promote events and venues related to the 2008 show. On March 18, 2008 the City Conunission authorized a nnrnicipal order- conunining 525,000 hi Corurnissiort contingency funds to the 2008 AQS shotiv. This process was repeated in 2009, 2010 2011, 2012, 2013, 2019 and again in 2015. This payrrrent request/contract is for Quilt Show 2016. Goal: ❑Strong Economy ® Quality Sen -ices❑ Vital Ncighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2016 Budget. Account Name: Services -Other Account Number: 004-0401-536-8072 Staff Recommendation: V1 01h 1nanCe Authorize the Mayor to execute all necessary documents to execole an agreement (and a one-time written Contract for Services) with the Paducah Convention & Visitors Bureau in the amount of $25,000 on behalf of the AQS to be used for marketing and promot;rig events and venues related to the 2016 AQS Show. Agenda Action Form Attachments Ordinance Contract Page 2 Agenda Action Form Paducah City Commission Meeting [late: 10 May 2016 Short Title: 2014 Land and Water Conservation Fund (LWCF) ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson, Rick Murphy, Steve Ervin, Sheryl Chino Presentation By: Steve Ervin Background Information: The LWCF provides federal grant funds to protect important natural areas, acquire land for outdoor recreation and to develop or renovate public outdoor recreation facilities such as campgrounds, picnic areas, sports & playfields, swimming facilities, boating facilities, fishing faci'ities, trails, natural areas and passive parks, The Paducah Department of Planning and Parks Services Department received funding in amount of $75,000 for construction of the outdoor health located at 421 North 131h Street in Fountain Ave. The grant application was approved under municipal order 1768 on April 22, 2014. LWCF funding will be used for excavation/grading of the property and the creation of a multi -use open area for field sports and freelptay, The LWCF program requires a 50 percent in-kind/cash match. Matching funds in the amount of $75,000 have been set aside in the FY2014 budget. Additional funding awarded to this project includes $400,000 from the Foundation for a Health Kentucky and $68,095 from the Recreational Trails Program. Baptist Hospital and Lourdes Hospital donated $25,000 each to the project and the Rotary Club of Paducah is constructing the playground in June 2016. Goal: ❑ Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name- Account Account Number:-ED-aB3r J'Y`I=' � Project Number: Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant related documents including the Memorandum of Agreement. Attachments: NIA Department Head City Clerk it Mana er- ORDNANCE NO. 2016 -5 - AN ORDNANCE AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR A 2014 LAND AND WATER CONSERVATION FUND GRANT WHEREAS, the City of Paducah applied for a Land and Water Conservation Fund Grant adopted by Municipal Order No. 1768 on April 22, 2014, for the development of the 14'h Street Park Project Phase I located at 421 North 13"' Street; and WHEREAS, the Kentucky Governor's Office for Local Development has approved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a Grant Agreement and all documents relating thereto with the Kentucky Governor's Office for Local Development to obtain a matching grant in the amount of $75,000.00 for a National Park Service Land and Water Conservation Fund Grant for the construction of Phase I of the health park located at 421 North 13`t' Street. Phase I consists of the excavation/grading of the property and the creation of a multi- use open area for filed sports and free play. The City will provide the 50% in-kind/cash match for this project. SECTION 2. Funds shall be deposited into project account CD0083. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, May 10, 2016 Adopted by the Board of Commissioners, May 24, 2016 Recorded by Tammara S. Sanderson, City Clerk, May 24, 2016 Published by The Paducah Sun, '�ord'planning'grants`,2016 Land & Water Conservation Fund Grant Agenda Action Form Paducah City Commission Meeting Date: May 10, 2016 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PADUCAH RIVERFRONT HOTEL LP TO AMEND THE DEVELOPMENT AGREEMENT AND EXECUTE ALL DOCUMENTS NECESSARY RELATED TO THE DEVELOPMENT OF THE HOLIDAY INN HOTEL PROJECT LOCATED AT 600 NORTH 4TH STREET ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Pederson Presentation Bv: Pederson Background Information: When the city previously adopted a development agreement with Lingate Hospitality (Paducah Riverfront Hotel LP) to construct the Holiday Inn in downtown Paducah, it carried with it a number of conditions that had to be met before the city put in its commitments. One of those requirements was that Lingate was to negotiate and execute definitive management and/or operational agreements with PMCCC to operate the Convention Center. That has not happened and it appears as though it will not happen anytime soon. Lingate and the PMCCC both negotiated in good faith for a significant period of time. They came to an impasse. City and County officials were invited in to help resolve the differences. But ultimately Litigate demanded a staffing and fee model that could not be paid by the PMCCC without a subsidy or financial help from other sources. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods® Restored Downtowns Funds Available: Account Name: Account Number: NA Finance Staff Recommendation: The staff recommends approval �" Department Head City Clerk City Manager 145877 ORDINANCE NO. 2016 -- 5 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A FIRST AMENDMENT TO HOTEL DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE AMENDMENT WHEREAS, on June 29, 2015; the City and the Developer, entered into a Hotel Development Agreement, which may have been extended and amended from time to time. (the "Development Agreement") regarding the Developer's development and construction of an upscale brand hotel franchised by a major hotel chain and the further use, occupancy, operation, management by the Developer of the hotel and the publically o�`-ued convention center. generally known as the Julian Carroll Convention, William and Meredith Schroeder Expo Center (the "Convention Center") (the "Project"); and VATHEREAS, under the Development Agreement, Developer had committed to the negotiation and execution of a definitive management and/or operation agreements with the Paducah -McCracken County Convention Center (the PMCCC") for the use, occupancy, operation, management of the Convention Center; and WHEREAS, by unanimous vote of the board of directors of PMCCC. PNICCC «ili be hiring an in-house manager for the use, occupancy, operation, management of the Convention Center; and WHEREAS, the Developer and the City now desire to amend Section 4. h. and Section 6. c, of the Development Agreement in order to revoke and eliminate this commitment of Developer as a Condition Subsequent to the City's commitment to lease the Property to the Developer for the Project. NOW THEREFORE, BE IT ORDAINED BY THE CITY C0MMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization, The City hereby approves the First Amendment to Hotel Development Agreement (this "Agreement") among the City and the Developer in substantially the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The City Manager is hereby authorized to execute the Agreement with such changes not inconsistent with this Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the Citv, shall be conclusively evidenced by the execution of the Agreement. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect allyl of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, tivhich resulted in formal action, were in meetings open to the public; in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolution,, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. SECTION 5. Effective Date. This ordinance sliall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: City Clerk Introduced by the Board of Commissioners May 10, 2016 Adopted by the Board of Commissioners May , 2016 Recorded by Tammara S. Sanderson, City Clerk, May . 2016 Published by The Paducah Sun, lordlagree-hotel development -first amendment 5-2016 2 195876 FIRST AMENDMENT TO HOTEL DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT HOTEL DEVELOPMENT AGREEMENT made and entered into on this day of May, 2016 (the "Effective Date") by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation, having an address of 1401 Spring Bank Drive, Building A; Suite $, Owensboro, KY 42303, (hereinafter referred to as the "Developer"); CITY OF PADUCAH, a Kentucky home class city having an address of 300 South 5" Street; PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, on June 29, 2015, the City and the Developer, entered into a Hotel Development Agreement, which may have been extended and amended from time to time, (the "Development Agreement") regarding the Developer's development and construction of an upscale brand hotel franchised by a major hotel chain and the further use, occupancy, operation, management by the Developer of the hotel and the publically owned convention center, generally known as the Julian Carroll Convention, William and Nderedith Schroeder Expo Center (the "Convention Center") (the "Project"); and WHEREAS, under the Development Agreement, Developer had committed to the negotiation and execution of a definitive management and/or operation agreements with the Paducah -McCracken County Convention Center (the PMCCC") for the use, occupancy, operation. management of the Convention Center; and WHEREAS, by unanimous vote of the board of directors of PMCCC, PMCCC will be hiring an in-house manager for the use, occupancy, operation, management of the Convention Center: and WHEREAS, the Developer and the City now desire to amend Section 4. h. and Section 6. c. of the Development Agreement in order to revoke and eliminate this commitment of Developer as a Condition Subsequent to the City's commitment to lease the Property to the Developer for the Project. NOW THEREFORE, for and in consideration of $1.00 cash in. hand paid, the receipt and sufficiency is hereby acknowledged by all parties, and the mutual cox,enants and conditions contained herein the parties agree as follows: Amendments to the Development Agreement. a. Section 4. Subparagraph h., of the Development agreement is hereby revoked and stricken in its entirety, b. Section 6. Subparagraph c., "Conditions Subsequent,'' is hereby revoked and stricken in its entirety 2. Reaffirmation of the Development Agreement. Except for the modifications set forth herein, all other terms and provisions of the Development Agreement entered into between the parties are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree to perform in strict accordance with the terms and provisions as set forth under the Development Agreement. 4. Miscellaneous Provisions, This Agreement shall be fully binding upon the parties hereto and their successors, and assigns as of the Effective Date. IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be executed on the day and year first above written. DEVELOPER: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner By: GLENN D. HIGDON Title: GUARANTOR: GLENN D. HIGDON CITY CITY OF PADUCAH, KENTUCKY By Title Agenda Action Form Paducah City Commission Meeting Date: May 10, 2016 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED AND BILL OF SALE AND ALL DOCUMENTS NECESSARY WITH THE PADUCAH MCCRACKEN COUNTY CONVENTION CENTER CORPORATION FOR THE TRANSFER OF LAND LOCATED AT 619 NORTH 6TH STREET ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Pederson Presentation By: Pederson Background Information: In October of 2015 the city acquired X1.831 acres of real estate w 619 N. 6'h Street (N. 6`h and Campbell Street) from the P&L Railroad to relocate the Pavilion Tome, The City is transferring the real estate and improvements to the Corporatiaii for $1 to be used for convention center activities. The transfer is part of the overall plan to use transient room tax proceeds to finance the debt associated with the acquisition, subsequent improvements to the land and the dome itself. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighberhoods® Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: The staff recommends approval Department Head City Clerk City Manager 195862 ORDINANCE NO. 2016-5- AN ORDINANCE AUTHORIZING AND APPROVING THE SALE OF SURPLUS MUNICIPALLY OVdNED REAL PROPERTY AND f N1PROVEMENTS LOCATED AT 619 6TH STREET, PADUCAH, MCCRACKEN COUNTY, KENTUCKY, FOR PURPOSES OF PROMOTING TOURISM AND ECONOMIC DEVELOPMENT WHEREAS. the City of Paducah ("City") is the present owner of certain surplus real property located at 619 6th Street, Paducah, McCracken County, Kentucky.. more particularly described on the attached Exhibit A, upon which property there is situated a '17,800 square foot donne pavilion with appurtenant fixtures and equipment (collectively. the "Property"); and WHEREAS, City has determined that the Property is no longer necessarN, appropriate, or in the best interest of the operations of the City ard that the Property should be declared surplus; and WHEREAS, City has determined that it is in the bit interest of the City and its citizens to transfer the Property to the Paducah McCracken County Convention Center Corporation (the "CCC"), a non-profit Kentucky corporation and a quasi -governmental entity or agency of the City and McCracken County, whose purpose is the plartning, promotion, development, financing and acquisition of convention and trade shoNv facilities, and related hotel facilities. facilities for exhibitions and trade shows, and related parking facilities for the public purpose of promoting tourism and economic development on behatf of the City and McCracken County. NOVV, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION I. Recitals and Authorizations. The Beard of Commissioners hereby declares the Property to be su1 plus properly as it relates to the operations of the City. further, the Board of Commissioners hereby approves the sale and transfer of the Property to the Paducah McCracken County Convention Center Corporation, for a purchase price in the amount of S 1.00 and its commitment to further the public purpose of promoting towism and economic development on behalf of the City and McCracken County, That the Mayor of the City of Paducah. Kentucky, be and is hereby authorized to execute and deli t,er a Special Warranty Deed and Bill of Sale for the Property thereon, together with all other documentation necessary to effectuate the sale and transfer of the Property. SECTION 2, Severability. If any section, paragraph or provision of this Municipal Order shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall notaffect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that till deliberations of this City Commission and of its committees, if any, which resulted in fonnal action, were in meetings open to the public. in full compliance Nvith applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective lute. This ordinance -,Ball be read on tNN,o separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Magor ATTEST: Tarnmara S. Sanderson, City Clerk Introduced by the Board of Commissioners May 10, 2016 Adopted by the Board of Commissioners May 2016 Recorded by Tammara S. Sanderson, City Clerk, May 2016 Published by The Paducah Sun, lordldeed-prop transfer of dome to Convention Center Corp 2 EXHIBIT A TO ORDINANCE THE PROPERTY BEING TRACT A, CONTAINING OF 4.831 ACRES, AS SET FORM ON THE WAIVER OF SUBDIVISION PLAT FOR P & L RAILWAY 619 6Tsl STREET PILOPERTY, OF RECORD IN PLAT SECTION "M", PAGE 318, MCCRACKEN COUNTY COURT CLERK'S OFFICE, AS SURVEYED BY CIVIL DESIGN GROUP, INIC., A. CLAY ROBINSON, PLS 3219 ON NOVEMBER 8. 2009. BEING THE SAME PROPERTY CONVEYED TO CITY OF PADUCAH, KENTUCKY, A MUNICIPAL CORPORATION OF THE HOME RULE CLASS EXISTING UNDER THE LAWS OF THE COMMONWEALTH OF KENTUCKY, AND A BODY POLITIC AND CORPORATE, BY SPECIAL WARRANTY DEED DATED DECEMBER 18, 2015, OF RECORD IN DEED BOOK 1313, PAGE 634, MCCRACKEN COUNTY COURT CLERK'S OFFICE. SPECIAL WARRANTY DEED AND BILL OF SALE THIS SPECIAL WARRANTY DEED AND BILL OF SALE made and entered into this the day of 2016, by and between CITY OF PADUCAH, KENTUCKY; a municipal corporation of the Home Rule Class existing under the laws of the Commonwealth of Kentucky, and a body politic and corporate, whose address is Post Office Box 2267, Paducah, Kentuck}' 42002-2267, hereinafter called Grantor, and the PADUCAH MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non-profit Kentuck}- Corporation with its principal place of business located at 605 Broadvvay, Paducah, Kentucky 42001, hereinafter called Orantee; WITNESSETH; THAT FOR AND IN CONSIDERATION of the sum of S 1.00, cash in hand paid by Grantee to Grantor, the receipt of -which is hereby acknowledged; and Graruee's commitment to further the public purpose of promoting tourism and economic development on behalf of the Cite of Paducah, Kentucky and McCracken County, Kentucky, Grantor sold and does by these presents grant, bargain; sell, alien and convey unto Grantee, its successors and assigns forever, together with all the improvements, appurtenances and rights thereunto belonging, the following described property (the "Property"), lying and being in McCracken County, Kentucky, and more particularly described as follows: BEING TRACT A, CONTAINING OF 4.831 ACRES, AS SET FORFI I ON THE WAIVER OF SUBDIVISION PLAT FOR P & L RAILWAY 619 6TH STREET PROPERTY, OF RECORD INT PLAT SECTION "M", PAGE 318, MCCRACKEN COUNTY COURT CLERK'S OFFICE, AS SURVEYED BY CIVIL DESIGN GROUP, INC.. A. CLAY ROBINSON, PLS 3219 ON NOVEMBER 8, 2009, BEING THE SAME PROPERTY CONVEYED TO CITY OF PADUCAH, KENTUCKY, A MUNICIPAL CORPORATION OF THE HOME RULE CLASS EXISTING UNDER THE LAWS OF THE COMMONWEALTH OF KENTUCKY, AND A BODY POLITIC AND CORPORATE, BY SPECIAL WARRANTY DEED DATED DECEMBER 18, 2015, OF RECORD IN DEED BOOK 1313, PAGE 634, MCCR-ACKEN COUNTY COURT CLERK'S OFFICE. For the consideration described above. Grantor also grant, bargain, sell, alien and convey unto Grantee, its successors and assigns forever, the entire right, title, and interest of Grantor in and to the 37;800 square foot dome pavilion with appurtenant fix#ares and equipment situated on the above described real property. TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto Grantee; its successors and assigns forever, with Covenant of SPECIAL WARRANTY, except easements, covenants and restrictions of record. Grantor and Grantees hereby swear and affirm, underpenalty of perjury. that the foregoing transfer of real property is made by gift, nominal consideration, or no consideration and, further, that the estimated fair cash value for the property helre by transferred is: $1.998,084.00. The recording of this deed is exempt from the real estate transfer tax pursuant to KRS 142.050 (7)(b). IN WITNESS WHEREOF, the Grantor and Grantee Have hereunto set their hands. CITY OF PADUCAH, KENTUCKY PADUCAH ;VICCRACKEN COUNTY CONVENTION CENTER CORPORATION GAYLE KALER. MAYOR Title STATE OF KENTUCKY COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of _ 2016, by Gayle Kaler, Mayor, of the City of Paducah, Kentucky, on behalf of said governmental entity, Grantor. My commission NOTARY PUBLIC, STATE AT LARGE NOTARY ID# STATE OF KENTUCKY COUNTY OF MCCRACKEN ) The foregoing instrument A as sworn and acknowledged before me this day of 2016, by _(title) of The Paducah McCracken County Convention Center Corporation, a non-profit Kentucky corporation, on behalf of said corporation, Grantee. My cormnission expires NOTARY PUBLIC. STATE AT LARGE NOTARY ID; THIS INSTRUMENT NN AS PREPARED BY THE UrNDERSIGN ED WITHOUT THEDENEFH OF A TITLE EXAMINATION AND BASED UPON INPORNIATION SUPPLIED BY THE GRANTOR. THE UNDERSIGNED ASSUMES NO RESPONSIBILITY FOR 11 S ACCURACY. This instrument prepared by: DENTON LAW FIRM. PLLC P. 0. Box 969 PADUCAH, KY 42002-0969 195859 Send current year tax bill to: The Paducah McCracken County Convention Center Corporation 605 Broadway Paducah, KY 42001