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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 -r 7i 1,...,. ,: 1_._. I -- i -TF --i- i 1 .1 :.1 I t 1::: IT ... r .r j 527 1 _ 1 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. 528 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 529 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 530