HomeMy WebLinkAbout02/09/10FEBRUARY 9, 2010
At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 9, 2010, at
5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following
answered to their names: Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
PRESENTATION
FIRE TRUCK DONATION TO WKCTC
Steve Kyle, Fire Chief, presented the keys to Dr. Barbara Veazey for the fire pumper truck
the City is donating to Western Kentucky Community and Technical College. Also present
was Charlie Lott, Instructor for the Fire Science Program at WKCTC.
SPOTLIGHT
Pam Spencer, Public Information Officer, spotlight was "Recreation Specialist -Allen
Treece". Mr. Treece has resigned from his position with the City to take the position as
Executive Director of the Oscar Cross Boys & Girls Club.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading
of the Minutes for the January 26th and February 2" a, 2010 meetings be waived and that the
minutes of said meetings prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
APPOINTMENTS
CIVIC BEAUTIFICATION
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby appoint Teresa White as a member of the Civic
Beautification Board to replace Brandon Hall who has resigned."
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Teresa White as a member
of the Civic Beautification Board.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
PADUCAH-McCRACKEN COUNTY CONVENTION AND VISITORS BUREAU
BOARD (JOINT)
Mayor Paxton made the following joint appointment: "WHEREAS, subject to the approval
of the Board of Commissioners, and jointly with the McCracken County Judge -Executive, I
hereby appoint Amy Glasgow to the Paducah -McCracken County Convention and Visitors
Bureau Board to replace Beverly McKinley whose term has expired. This term will expire
December 31, 2012."
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners approve the action of Mayor Paxton and, jointly with the McCracken County
Judge -Executive, in appointing Amy Glasgow as a member of the Paducah -McCracken
County Convention and Visitors Bureau Board.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
PADUCAH-MCCRACKEN COUNTY CONVENTION AND VISITORS BUREAU
BOARD (CITY)
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby appoint Mike Burger as a member of the Paducah -
McCracken County Convention and Visitors Bureau Board to replace David Brannum whose
term has expired. This term will expire December 31, 2012."
FEBRUARY 9, 2010
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Mike Burger as a member
of the Paducah -McCracken County Convention and Visitors Bureau Board.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
following documents and bids be received and filed:
DOCUMENTS
1. Right of Way Bond:
a) Sylvanus Ridgeway
2. Contracts/Agreements:
a) Kentucky Department of Fish & Wildlife for Management of the Fishery of
Bob Noble Park Lake (2009-11-7631)
b) Josh Goodwin for Farm Lease of Sheehan Bridge Road Property (no
ordinance required)
C) Mid West Terminal Renewal Agreement for the City's Fuel Supply (2008-1-
7378)
3. Deed:
a) Accept Property from Paducah & Louisville Railway for the Greenway Trail
(M.O. # 1509)
4. City of Paducah 2009 Sidewalk Study adopted as part of the Comprehensive Plan by
the Paducah Planning Commission on December 7, 2009
5. Paducah Water Financial Highlights for November and December 2009
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Gault offered motion, seconded by Commissioner Abraham, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of Paducah
order that the personnel changes on the following list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
EXTENSION OF REAL ESTATE PURCHASE OPTION TO PADUCAH HOUSING
SERVICES
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXTEND
THE REAL ESTATE OPTION/PURCHASE AGREEMENT BETWEEN THE CITY OF
PADUCAH AND PADUCAH HOUSING SERVICES, LLC FOR PURCHASE OF
PROPERTY LOCATED ON OLD NORTH FRIENDSHIP ROAD FOR THE SCHOLARS
HOUSE PROJECT", be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1514; BK 8
ORDINANCES — ADOPTION
APPROVE CONTRACT WITH PADUCAH-McCRACKEN CONVENTION CENTER
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH THE CONVENTION CENTER
CORPORATION FOR SPECIFIC SERVICES." This ordinance is summarized as follows:
FEBRUARY 9, 2010
That the Mayor is hereby authorized to execute a contract with the Convention Center
Corporation in the amount of $75,000 to market and operate the Expo Center and Julian
Carroll Convention Center. This contract expires June 30, 2010.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD. #2010-2-7652; BK 32
ACCEPT CONTRACT FOR PAVILION FOUNDATION
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt the ordinance as amended entitled, "AN ORDINANCE ACCEPTING
THE REVISED BID OF M P LAWSON CONSTRUCTION FOR THE PAVILION
PROJECT PHASE II, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME;" read as an emergency and amended from an emergency reading
to an introduction on February 2, 2010, and summarized as follows: That the City of
Paducah accepts the revised bid of M P Lawson Construction for the Pavilion Project Phase
II in the amount of $694,396.00, and authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD. #2010-2-7653; BK 32
Park Services Director Mark Thompson informed the Commission he had gotten the deed
from Mr. Forrest Preston for the land/lot where the pavilion will be located. Steve Doolittle,
Executive Director of PRA, reported that the Paducah -McCracken County Convention
Center will receive revenue from the rental of the pavilion.
ORDINANCES — INTRODUCTION
ESTABLISH TREE PRESERVATION ORDINANCE
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE CREATING SECTION
126-87, TREE PRESERVATION, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY." This ordinance is summarized as follows: That the City of
Paducah hereby creates an ordinance regulating tree preservation within the City limits for
developments over one acre or subdivisions of three or more lots.
2010 BOND ORDINANCE FOR SPORTS PARK, PAVILION, STREET
RESURFACING AND GREENWAY TRAIL
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF
THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2010, IN ONE
OR MORE SUBSERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$6,465,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR
DECREASING THE SIZE OF SAID BONDS BY UP TO $645,000), FOR THE
PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION,
CONSTRUCTION AND INSTALLATION OF PUBLIC PROJECTS IN THE CITY
OF PADUCAH, KENTUCKY; APPROVING THE FORMS 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 BID OF THE BOND PURCHASER
FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT
ORDINANCES." This ordinance is summarized as follows: This Ordinance
authorizes the issuance of general obligation public project bonds designated as Series
2010 in the approximate principal amount of $6,465,000 (the "Series 2010 Bonds") by
the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose
of financing the costs of various public projects within the City, including the
construction of Greenway Trail, the construction of a replacement for the existing
Noble Park parking lot and construction of related appurtenances, the resurfacing of
City streets, the acquisition and installation of generators throughout the City, the
acquisition and installation of traffic signals, the acquisition of the Executive Inn and
related appurtenances and the construction and installation of public improvements on
a portion of the site thereof, the acquisition and construction of an air dome pavilion,
the acquisition of real property for use as a sports park and the acquisition of such
FEBRUARY 9, 2010
additional improvements in substitution of any of the foregoing as may be identified
in the budget of the City adopted for the fiscal year ending June 30, 2010. Provisions
are made in the Ordinance for the payment of the Series 2010 Bonds and the security
therefore; for the application of the proceeds of the Series 2010 Bonds; for the
establishment of a Bond Payment Fund; for the maintenance of the previously
established sinking fund; and for certain covenants of the City with respect to the Series
2010 Bonds. The Series 2010 Bonds are to be sold at public, competitive sale, and shall
mature; or be subject to mandatory sinking fund redemption, in varying amounts on
March 1 of each of the years 2011 through 2030. The Series 2010 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
Section 8 of the Ordinance. As required by KRS 83A.060, the following Section 8 of
the Ordinance is set forth in its entirety:
"Section 8 -- General Obligation; Maintenance of Sinking Fund. The Series 2010
Bonds shall be full general obligations of the City and, for the payment of said Series
2010 Bonds and the interest thereon, the full faith, credit and revenue of the City are
hereby pledged for the prompt payment thereof. During the period the Series 2010
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
Series 2010 Bonds when and as due, it being hereby found and determined that
current tax rates are within all applicable limitations. Said 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 said years are certified, extended and collected. Said 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 Series 2010 Bonds 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.
Pursuant to Ordinance No. 2001-5-6353 adopted by the City, there has heretofore been
established with the City a sinking fund (the "Sinking Fund"), which is hereby ordered to be
maintained and continued as long as any of the Series 2010 Bonds shall remain outstanding
and unpaid. The funds derived from said tax levy hereby required or other lawfully available
funds shall be placed in the Sinking Fund and, together with interest collected on the same,
are irrevocably pledged for the payment of the interest on and principal of all bonds issued
under the General Obligation Act and Tax -Supported Leases, as defined in the General
Obligation Act, when and as the same fall due. Amounts shall be transferred from the
Sinking Fund to the Bond Payment Fund at the times and in the amounts required by Section
7 hereof."
AUTHORIZE THE EXECUTION OF AN ESCROW AGREEMENT FOR THE
DEVELOPMENT OF WESTWOOD HILLS SUBDIVISION
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY APPROVING A DEVELOPMENT AGREEMENT, ESCROW
AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY FOR COMPLETION OF
THE WESTWOOD HILLS SUBDIVISION, AND AUTHORIZES THE MAYOR'S
EXECUTION OF AFORESAID DOCUMENTS." This ordinance is summarized as follows:
That the City of Paducah, Kentucky hereby approves a Development Agreement with Atlas
Tri-State SPE,LLC and the Escrow Agreement in the amount of $300,000 with Atlas Tri-
State SPE, LLC and The Paducah Bank and Trust Company, and all other necessary
documents that may relate to the completion of Westwood Hills Subdivision and authorizes
the Mayor to execute aforesaid documents.
CITY MANAGER REPORT
➢ Next Tuesday will be the 2nd Reading for the Bond Ordinance. This bond will
provide funding for several projects such as the pavilion, sports park complex, street
resurfacing and Greenway Trail.
➢ February 19, 2010, the Governor will be at the Luther F. Carson Four Rivers Center
at 10:00 a.m. to make an economic development announcement.
FEBRUARY 9, 2010
COMMISSIONER CONCERNS
Commissioner Abraham -Asked if linens, blankets, etc, from Executive Inn could be sent to
help the earthquake victims in Haiti.
Upon motion the meeting adjourned.
ADOPTED: February 23, 2010
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City Clerk