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HomeMy WebLinkAboutCCMPacket2013-04-09ROLL CALL INVOCATION — Andrew Halford PLEDGE OF ALLEGIANCE — Maggie Smith ADDITIONS/DELETIONS CITY COMMISSION MEETING AGENDA FOR APRIL 9, 2013 5:30 P.M. INTRODUCTION OF NEW POLICE OFFICER RECRUIT — POL1C CHIEF BERRY I. MINUTES MOTIONS A. R & F Documents MUNICIPAL ORDERS A. Personnel Changes B. Ky Transportation Cabinet Project on Lone Oak Rd from Buckner Lane/Broadway/LaBelle Avenue to Alben Barkley Drive/Jackson Street — R. MURPHY C. Authorize the Mayor to Execute a Declaration of Restrictive Covenants for Conservation Deed as required by the USACE and the KYDOW in Accordance with the Approved Mitigation Plan for the Ohio River Boat Launch Project - R. MURPHY ORDINANCE — ADOPTION A. Approve Memorandum of Understanding between the City, county and GPEDC for MACCO a Public Economic Development Project— CITY MGR ORDINANCE — INTRODUCTION A. Approve Interior Renovations of 533.535 Fountain Avenue — S. ERVIN CITY MANAGER REPORT COMMISSIONER COMMENTS PUBLIC COMMENTS EXECUTIVE SESSION APRIL 9, 2013 I move that the following documents and bids be received and filed: DOCUMENTS L Insurance Certificates: a. Central Paving Co., of Paducah, Inc. b. Circle P Enterprises LLC C. Crouch Building Associates, Inc. d. D & D Construction of Paducah e. Falconite Development, Inc. f. Louisville Paving Co., Inc. g. M P Lawson Construction, LLC It. Quilt in a Day Inc. i. Vanguard Contractors, LI -Enterprises LLC J . Crouch Building Associates, Inc. k. D & D Construction of Paducah I. Falconite Development, Inc. In. Louisville Paving Co., Inc. n. M P Lawson Construction, LLC o. Quilt in a Day Inc. P. Vanguard Contractors, LLC (2) 2. Certificate of Insurance and Performance Bond for Brehm Striping Company, Inc. 3. Documents for Noble Park Pool Spraypad-Phase III per Ordinance No. 2013-3-8020: a. Performance Bond b. Payment Bond C. Notice of Award d. Contract 4. Agreements: a. Brehm Striping Company, Inc. for Pavement Marking for 2014 (Ord. #2013-2-8013) b. Bluegrass Fire Equipment Co., Inc., for Structural Firefighting Turnout Gear 90rd. #2013-3-8017) C. Department of the Army for the Design for the Ohio River Shoreline Reconstruction Project (Ord,.# 2013-2-8014) 5. Change Order No. 1 with Wilkins Construction Co., Inc., for the Greenway Trail Phase I Project (Ord. #2013-3-8018) 6. Section 8 Annual Plan for Fiscal Year 2013 (MO. #1711) 7. Section 8 Administrative Plan -Effective May 1, 2013 (MO.#1712) 8. Edwin J. Paxton Park Financial Statements for 2012 9. Deeds to Urban Renewal and Community Development Agency: 1602 Monroe Street (MO.#1689) 1519 Harrison Street (MO.#1689) 10. Paducah Police Annual Report for 2012 11. Paducah Water Works Financial Highlights for February 2013 12, Cancellation Notice for City Commission Meeting for April 2, 2013 BIDS INTERIOR REHABILTATION FOR 533.535 FOUNTAIN AVENUE 1. Petraitis Construction 2. D & D Construction 3. Jim Steele Construction 4. Crawford Construction 5. Midstates Construction CITY OF PADUCAH April 9, 2013 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. Man S /3 Date CITY OF PADUCAH PERSONNEL ACTIONS April 9, 2013 NEW HIRE - FULL-TIME (FIT) POSITION RATE FIRE PREVENTION Vaughn Hugen Deputy Electrical Inspector $20.67/Hr NEW HIRES - PART-TIME (PIT)ITEMPORARYISEASONAL POLICE Shanks, Kristine A. POLICE Leigh, Shanks W. TERMINATIONS - FULL-TIME (FIT) POSITION RATE Evidence Technician II $15.26/Hr NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex April 18, 2013 NCS/CS FLSA EFFECTIVE DATE NCS POSITION RATE PARKS SERVICES Non -Ex April 10, 2013 Connell, Lawson W. Recreation Leader $8.00/Hr Guthrie, Madison J. Tiny Tot League Coach $8.00/Hr Kollenberg, Johnny F. Recreation Leader $8.00/Hr Murphy, Kaitlin M. Recreation Leader $8.00/Hr Myers, William T. Recreation Leader $8.00/Hr Roche, Jamie Tiny Tot League Coach $9.00/Hr Washer, Caroline R. Tiny Tot League Coach $8.00/Hr Wilson, Susannah B. Tiny Tot League Coach $8.00/Hr POLICE Shanks, Kristine A. POLICE Leigh, Shanks W. TERMINATIONS - FULL-TIME (FIT) POSITION RATE Evidence Technician II $15.26/Hr NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex April 18, 2013 NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS Nan -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS Non -Ex April 10, 2013 NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex May 1, 2013 TERMINATIONS - PART-TIME (PIT)REMPORARYISEASONAL POSITION RATE NCS/CS FLSA EFFECTIVE DATE Parking Control Specialist $9.00/Hr NCS Non -Ex April 17, 2013 Agenda Action Form Paducah City Commission Meeting Date: April 9, 2013 Short Title: KY Transportation Cabinet Project on Lone Oak Road from Buckner Lane/Broadway/LaBelle Avenue to Alben Barkley Drive/Jackson Street ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The Kentucky Transportation Cabinet, Department of Highways District #1 office is proposing a Project on Lone Oak Road (KY 73 1) from the intersection of Buckner Lane, Broadway and LaBelle Avenue to the intersection of Alben Barkley Drive and Jackson Street. This Project would consist of resurfacing and a revision to the current pavement marking on this portion of Lone Oak Road. In order to improve safety and increase traffic operations within this area, the changes would consist of the revision of the current street typical section from a two lane street section with parking lanes to a three lane street section without parking. The center lane would be a dedicated two-way left turn lane. This new street section will be similar to the work recently completed by the KYTC on Bridge Street from Irvin Cobb Drive to the railroad at Benton Road /Clarks River Ferry Road, The Chief District Engineer has requested that the City review the proposed changes and inform the District of the City's decision to concur with the project or to not concur with the proposed changes. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Staff Recommendation: To support the Kentucky Transportation Cabinet, Department of Highways District #1 office Project to revise Lone Oak Road (KY 73 1) street section from the intersection of Buckner Lane, Broadway and LaBelle Avenue to the intersection of Alben Barkley Drive and Jackson Street from a two lane street section with parking lanes to a three lane street section without parking and authorize the City Engineer -Public Works Director to notify the KYTC Chief District Engineer of the City's concurrence. Agenda Action Form Attachments: Correspondence, Typical Sections, Aerial Mapping Page 2 MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY SUPPORTING THE KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS DISTRICT #1 OFFICE PROJECT TO REVISE LONE OAK ROAD (KY 73l) STREET SECTION FROM THE INTERSECTION OF BUCKNER LANE, BROADWAY AND LABELLE AVENUE TO THE INTERSECTION OF ALBEN BARKLEY DRIVE AND JACKSON STREET FROM A TWO LANE STREET SECTION WITH PARKING LANES TO A THREE LANE STREET SECTION WITHOUT PARKING AND AUTHORIZE THE CITY ENGINEER -PUBLIC WORKS DIRECTOR TO NOTIFY THE KYTC CHIEF DISTRICT ENGINEER OF THE CITY'S CONCURRENCE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky does hereby support the Kentucky Transportation Cabinet, Department of Highways District#I office Project to revise Lone Oak Road (KY 73 1) street section from the intersection of Buckner Lane, Broadway and LaBelle Avenue to the intersection of Alben Barkley Drive and Jackson Street from a two lane street section with parking lanes to a three lane street section without parking and authorize the City Engineer -Public Works Director to notify the KYTC Chief District Engineer of the City's concurrence. SECTION 2. That this Order shall be in full force and effect on and after the date of its adoption. MAYOR ATTEST: Tammara S.Sanderson, City Clerk Adopted by the Board of Comrnissioners April 9, 2013 Recorded by Tammara S. Sanderson, City Clerk, April 9, 2013 \mo\ene 2 lane to 3 lane — kytc project on Ione oak rd 2013 TRANSPORTATION CASIi3ET Steven L. Saahear Governor Mr. Rick Murphy, P.E. City Engineer City of Paducah 300 South 5°i Street P.O. Box 2267 Paducah, Kentucky 42002-2267 Dear Mr. Murphy: Department of Higho,jays District 1 Office 5501 Kentucky Dam Road Paducah, KY 42003 (270) 898-2431 February 26, 2013 RE: Lone Oak Road -KY 731 Maintenance Project Request for Concurrence of Striping/Traffic Plan N91chael W. Hancock, P.E. Secretary We are planning a project to repave and restripe Lone Oak Road (KY 73 1) from Alben Barkley Drive/Jackson Street (US 45/62) to Buckner Lane/Broadway Street/LaBelle Street. To improve safety and operations, the proposed project changes the striping from two lanes with on -street parking to three lanes with on -street parking prohibited. The center lane would be marked as a two-way left tum lane. We are informing the city of the proposed change and are requesting concurrence with the new striping/traffic plan. Please indicate your preference below and return the original to this office. Sincerely, James E. LeFevre, P.E. Chief District Engineer I ❑concur ❑do not concur with the proposed changes to the striping on Lone Oak Road (KY 731). Rick Murphy, P.E. City Engineer AN ducah JN©H17L£O SPIRIT An Equal Opportunity Employer M,F'D Z C F O G =)O Uo0 0- W Um fq M p J Y U o o 4 a a a u IL LL N V Q u o LO s N Q l M J o U N u� (J� �! Q F- W rn Q N N � j F Z o 0 a a PO :) 00 U o a (jjMz O W J c Y Z Q U F - o V o a o d o o d co I - :E LL N (h LL v 0 a U T� I LL m N 0 06 C) U Agenda Action Form Paducah City Commission Meeting Date: April 9, 2013 Short Title: Authorize the Mayor to execute a Declaration of Restrictive Covenants for Conservation Deed as required by the USACE and the KYDOW in Accordance with the Approved Mitigation Plan for the Ohio River Boat Launch Project ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: In accordance with the U.S. Army Corps of Engineers and the Kentucky Division of Water permits obtained for the Ohio River Boat Launch Project a Ntitigation Plan was submitted to the agencies and approved. This Mitigation Plan requires the City to complete stream and wetland mitigation, monitoring, maintenance, wetland preservation and to establish a permanent conservation easement in the Project's vicinity. The attached Declaration of Restrictive Covenants for Conservation Deed, approved by the USACE and the KYDOW, establishes an undeveloped conservation area and restrict current and future use of the Mitigation Property. Upon execution and recording of the Conservation Deed, the specified restrictions within the mitigated area shall be perpetual and run with the land. The total mitigated Conservation Area will be 45.44 Acres. Goal: ®Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execute the Declaration of Restrictive Covenants for Conservation Deed as required by the USACE and the KYDOW in accordance with the approved Mitigation Plan for the Ohio River Boat Launch Project. Attachments: Declaration of Restrictive Covenants for Conservation Deed including Plat of the area Departnt &e City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE THE DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION DEED AS REQUIRED BY THE UNITED STATES ARMY CORPS OF ENGINEERS AND THE KENTUCKY DIVISION OF WATER IN ACCORDANCE WITH THE APPROVED MITIGATION PLAN FOR THE OHIO RIVER BOAT LAUNCH PROJECT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the Mayor to execute the Declaration of Restrictive Covenants for Conservation as required by the United States Army Corps of Engineers and the Kentucky Division of Water in accordance with the Mitigation Plan for the Ohio River Boat Launch Project. 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 Clerk Adopted by the Board of Commissioners, April 9, 2013 Recorded by Tammara S. Sanderson, City Clerk, April 9, 2013 \rno\eng-ohio river boat launch project -declaration of restrictive covenants (0, 711-- DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION THIS DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION is made this . day of April, 2013, by the City of Paducah, 300 South 51h Street, Paducah, Kentucky 42502. ("Declarant"). RECITALS WHEREAS, Declarant is the sole owner in fee simple of certain real property located in McCracken County, Kentucky, as described in one or more of the following: Deed Book 28 Page 189, Deed Book 763 Page 232, Deed Book 1145 Page 360, and Deed Book 200 Page 356, recorded in the Office of the McCracken County Clerk, and as more particularly described in legal description attached hereto as Exhibit A and shown on the survey attached hereto as Exhibit B, recorded in the Office of the McCracken County Clerk's Office in Plat Section I Page 138, both of which are incorporated herein by reference ("Property"); WHEREAS, the discharge of dredged and/or fill material into jurisdictional waters of the United States, including wetlands and streams, pursuant to Sections 401 and 404 of the Clean Water Act, requires compensatory mitigation; and WHEREAS, as compensatory mitigation under Federal and State law for and in consideration of Department of the Army Permit No. USACE ID No. LRL-2007-811-GJD ("Permit") issued by the U.S. Army Corps of Engineers, Louisville District ("Corps") pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344) and/or Section 10 of the Rivers and Harbors Act (33 U.S.C. §403), and Water Quality Certification No. 2008-0029-1R(4) ("Certification") issued by the Kentucky Energy and Environment Cabinet, Department of Environmental Protection, Division of Water ("Cabinet"), in accordance with Section 401 of the Clean Water Act (33 U.S.C. § 1341) and Section 224.16-050 of the Kentucky Revised Statutes and in recognition of the continuing benefit to the permitted property, and for the protection of waters of the United States and scenic, resource, environmental, and other conservation values, Declarant has agreed to restore, create, enhance, and preserve wetlands and stream aquatic habitats, riparian areas, and buffers, and place certain restrictive covenants on the 45.44 -acre portion of the Property depicted as Upland Buffer Preservation, Wetland Preservation, Wetland Restoration, and Riparian Buffer Restoration on the survey attached hereto as Exhibit B and incorporated herein by reference ("Mitigation Property"), in order that the Mitigation Property shall remain substantially in its natural condition forever, and to grant a right of access and entry to the Property; NOW THEREFORE, in consideration of the benefits to be derived by the Declarant and each and every subsequent owner and occupant of the Mitigation Property, and as required mitigation for the discharge of dredged and/or fill material into waters of the United States, as authorized by the Permit and Certification, Declarant hereby makes this Declaration on the terms and conditions stated below. Declaration of Restrictive Covenants for Conservation —Paducah Boat Launch April 2013 1. Purpose. The purpose of this Declaration of Restrictive Covenants is to restrict the current and future use of the Mitigation Property in perpetuity in order to protect aquatic resource functions and values, scenic, resource, environmental, and other conservation values, and conservation functions and ecological services; to establish the Mitigation Property as open, common, and undeveloped conservation area; and to preserve the natural condition of the Mitigation Property in perpetuity. 2. Covenant Running with the Land. Declarant hereby declares that the Mitigation Property shall be bound by, held, transferred, sold, conveyed, leased, improved, hypothecated, occupied or otherwise disposed of and used subject to the rights of access and entry provision and property transfer provision of the following restrictive covenants, which shall be perpetual and run with the land and be binding on all the Declarant's heirs, executors, administrators, successors, assigns, lessees, or other persons, firms, associations, corporations or governmental entities having or hereafter acquiring any right, title, or interest in said Mitigation Property or any part thereof; and that the Mitigation Property shall be held, transferred, sold, conveyed, leased, improved, hypothecated, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on all the Declarant's heirs, executors, administrators, successors, assigns (which are included in the term "Declarant" below), lessees, or other occupiers and users. The terms and conditions of the following restrictive covenants shall be both explicitly and implicitly included in any subsequent transfer, conveyance, or encumbrance affecting all or part of the Property. Any such transfer, conveyance or encumbrance shall set forth the terms and conditions of this document by reference to this document and its recorded location in accordance with paragraph 9 of this Declaration. 3. Definitions. 3.1 Natural Condition. The term "natural condition" shall mean the condition of the Mitigation Property at the time of the declaration and as restored, created, enhanced, and preserved pursuant to the Mitigation Plan. The natural condition shall be evidenced in part by figures and photographs in the approved Mitigation Plan and the survey (attached as Exhibit B), and include all relevant property lines, all existing man-made improvements and features, and major, distinct natural features such as waters of the United States. The natural condition of the Mitigation Property may also be evidenced by: (a) A current aerial photograph of the Mitigation Property at an appropriate scale taken as close as possible to the date the declaration is made; and (b) On-site photographs taken at appropriate locations on the Mitigation Property, including major natural features. 3.2 Mitigation Plan. The term "Mitigation Plan" shall mean the Final Mitigation Plan (dated February 25, 2008), as approved by the Permit and Certification; and as referenced in: the Joint Application for Section 404 Individual Permit, Section 10 Navigable Waters Permit, and Section 401 Water Quality Certification (dated May 30, 2007); the Addendum to 404/401 Declaration of Restrictive Covenants for Conservation -Paducah Boal Launch April 2011 Permit Application (dated February 25, 2008); and the Second Addendum to 4041401 Permit Application (dated March 28, 2008), 4. Restrictions/Prohibitions. Any activity on, or use of, the Mitigation Property, which is or may become inconsistent with the purposes of this Declaration is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited except as provided for in the Declarant's Reserved Rights: 4.1 General/Topography. There shall be no filling, flooding, cultivating, excavating, earthmoving, grading, mining or drilling; no removal of natural materials; no dumping of materials; and no alteration of topography in any manner. 4.2 Waters and Wetlands. There shall be no draining, ditching, diking, dredging, channelizing, damming, pumping, or impounding; no changing the grade or elevation, impairing or diverting the flow or circulation of waters, or reducing the reach of waters; and no other discharge or activity requiring a permit under applicable clean water or water pollution control laws and regulations, as amended. 4.3 TreesNe etg ation. There shall be no clearing, burning, cutting, mowing or destroying of trees or vegetation. 4.4 Non-Native/Exotic Species. There shall be no introduction of non-native or exotic species to the Mitigation Property. 4.5 Uses. There shall be no agricultural, commercial, or industrial activity undertaken or allowed on the Mitigation Property, including but not limited to grazing and mining. There shall be no horseback riding, whether on or off an established trail. 4.6 Structures. There shall be no construction, erection, or placement of buildings, billboards, signs, or any other temporary or permanent structure, nor any additions to existing structures. 4.7 Roads. There shall be no construction or building of new roads, trails, or other rights of way without the prior written approval by the Corps and Cabinet. 4.8 Off Road Vehicles. There shall be no use of off road vehicles, 4 -wheel drive vehicles, all terrain vehicles, snowmobiles, or other types of motorized recreational vehicles except on existing roads and except as necessary to manage the Mitigation Property. 4.9 Utilities. There shall be no construction or placement of utilities or related facilities without the prior written approval of the Corps and Cabinet. 4.10 Waste. There shall be no placement of refuse, wastes, sewage, dredged spoil, solid waste, incinerator residue, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, or industrial, municipal, or agricultural waste on the Mitigation Property. Declaration of Restrictive Covenants for Conservation — Paducah Boat Launch April 2013 4.11 Pest Control. There shall be no application of pesticides or biological controls, including but not limited to insecticides, fungicides, rodenticides and herbicides, without prior written approval from the Corps and Cabinet. 5. Reserved Rights. Notwithstanding the foregoing Restrictions, the Declarant reserves for itself, its heirs, executors, administrators, successors and assigns the right to use the Mitigation Property for all purposes not inconsistent with the purposes of these restrictive covenants. Further, the Declarant expressly reserves for itself, its heirs, executors, administrators, successors, and assigns the following rights, which may be exercised upon providing 30 days prior written notice to the Corps and Cabinet, except where expressly provided otherwise: 5.1 Maintenance: Declarant reserves the right to conduct required maintenance activity within the pre-existing Storm Outlet and Sanitary Sewer Outlet Easement as shown on the Property Survey, attached hereto as Exhibit B. Activity may include: (1) clearing and temporary grading/excavation to maintain, repair, and/or replace the existing storm drain outlet; (2) repairs to, or reconstruction of, the existing stilling basin; and (3) installment of temporary erosion/sedimentation control features during maintenance activity. Any disturbed areas will be restored to pre-existing grades, seeded and stabilized immediately following the completion of maintenance activity. 5.2 Temporary Stockpile: Declarant reserves the right to temporarily store or manage excess materials generated during boat launch construction in areas of the Mitigation Property provided that: (1) this activity applies only to the period of boat launch construction; (2) no tree clearing occurs; (3) no fill will be placed in wetlands; (4) appropriate authorization from the Cabinet will be obtained prior to placement of material within the floodplain; and (5) any stockpile areas will be returned to pre-existing grades, seeded and stabilized immediately upon material removal. 5.3 Existing Right -of -Way: The Declarant reserves the right to utilize the pre- existing Right of Entry Easement shown on the Property Survey, attached hereto as Exhibit B. 5.4 Wildlife and Forestry Management. Declarant reserves the right to naturally manage the Mitigation Property to preserve and improve the existing forest and wildlife resources. Declarant reserves the right to remove or trim vegetation hazardous to persons or property, and harvest and manage timber downed or damaged due to natural forces, such as fire, storms, insects, or infectious organisms, to the extent necessaryto protect the environment. Such management activities shall be carried out only after approval by the Corps and Cabinet and in accordance with Best Management Practices as set out by the U.S. Forest Service or the Kentucky Division of Forestry. 5.5 Landscape Management. Declarant reserves the right to undertake landscaping necessary to prevent severe erosion or damage to the Mitigation Property or portions thereof, or significant detriment to existing or permitted uses, to the extent such landscaping is consistent with preserving the natural condition of the Mitigation Property. Such management activities shall be carried out only after approval by the Cabinet. Declaralion of Restrictive Covenants for Conservation - Paducah Boat Launch April 2013 5.6 Recreation. Declarant reserves the right to engage in outdoor, non-commercial recreational activities, including hunting, fishing, and similar recreational or educational activities, consistent with cumulatively very small impacts and with the continuing natural condition of the Mitigation Property, but excluding planting and burning. No prior written notice to the Corps and Cabinet is required. 5.7 Road Maintenance. Declarant reserves the right to maintain existing roads, trails, or other rights of way. Maintenance shall be limited to: removal or pruning of dead or hazardous vegetation; application of permeable materials (e.g., sand, gravel) necessary to correct or impede erosion; grading; replacement of culverts, water control structures, or bridges; and maintenance of roadside ditches. 5.8 S_ig s. Declarant reserves the right to erect signs on the Mitigation Property to mark the Mitigation Property as a protected area and to convey information on restricted use of the Mitigation Property, including no trespassing signs, no mowing signs, temporary signs indicating the Mitigation Property is for sale, signs identifying the trees, vegetation, wetlands or conservation ecological services of the Mitigation Property, and signs identifying the owner. 5.9 Mitigation Measures. Declarant reserves the right to undertake restoration and mitigation measures required under the Mitigation Plan or otherwise required under law. 6. Rights of Access and Entry. The Declarant grants the Corps, Cabinet and their authorized agents an irrevocable and assignable right to enter in, on, over and across the Mitigation Property to inspect and monitor the Mitigation Property; to implement the Mitigation Plan or take corrective measures under the Mitigation Plan; to take any actions necessary to maintain or restore the natural condition of the Mitigation Property; or to take any actions necessary to verify compliance with these restrictive covenants. The Declarant also grants the Corps, Cabinet, and authorized agents an irrevocable and assignable right to enter and exit over and across the Property as necessary to access the Mitigation Property for the purposes listed above. No rights of access or entry to or use of any portion of the Mitigation Property or Property is granted or conveyed to members of the general public by these restrictive covenants. 7. Enforcement. The Declarant grants the Corps and the Cabinet, as third party beneficiaries hereof, a discretionary right to enforce these restrictive covenants in ajudicial action against any person or other entity violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in forfeiture or reversion of title. In any enforcement action for violations of this Declaration, an enforcing agency shall be entitled to complete restoration of the Mitigation Property for any violation, as well as any other remedy available under law or equity, such as injunctive relief and administrative, civil or criminal penalties. No omission or delay in acting by the Corps and/or Cabinet shall bar subsequent enforcement rights or constitute a waiver of any enforcement right. These enforcement rights are in addition to, and shall not limit, enforcement rights available under other provisions of law or equity, or under any applicable permit or certification. Nothing herein shall limit the right of the Corps to modify, suspend, or revoke the Permit. Nothing herein shall be construed to authorize the Corps or Cabinet to institute proceedings against the Declaration of Restrictive Covenants for Conservation —Paducah Boal Launch April 2013 Declarant for changes to the Mitigation Property due to acts of God, natural disasters, or unauthorized acts of third parties outside the control of the Declarant, so long as the compensatory mitigation is completed and determined by the Corps and Cabinet to be successful in accordance with the Mitigation Plan, 8. Notice to Government. 8.1 Any permit application, or request for certification or modification, which may affect the Mitigation Property, made to any government entity with authority over wetlands or other waters of the United States, shall expressly reference and include a copy (with the recording stamp) of these restrictive covenants. 8.2 The Declarant shall provide the Corps and Cabinet with written notice of any legal action affecting this Declaration, including but not limitedto foreclosure proceedings, tax sales, bankruptcy proceedings, zoning changes, adverse possession, abandonment, condemnation proceedings, and the exercise of the power of eminent domain. For any action that might result in this Declaration being voided or modified, such notice shall be provided at least sixty (60) days before such action would be taken. 9. Property Transfers. The Declarant shall include the following notice on all deeds, mortgages, plats, or any other legal instrument used to convey any interest in the Property and/or Mitigation Property: NOTICE: This Property is subject to a "Declaration of Restrictive Covenants for Conservation" dated , recorded in the McCracken County Clerk's Office on in Deed Book —Page _, and enforceable by the U.S. Army Corps of Engineers and Kentucky Energy and Environment Cabinet, Department of Environmental Protection, Division of Water. The Declarant shall provide the Corps and Cabinet with written notice of any such grant, transfer or conveyance of any interest in any or all of the Property at least sixty (60) days prior to the grant, transfer or conveyance. The notice shall include the name, address, and telephone number of the prospective transferee, a copy of the proposed deed or other documentation evidencing the conveyance, and a survey map that shows the boundaries of the portion of the Property and/or Mitigation Property being transferred. Failure to comply with this paragraph does not impair the validity or enforceability of these restrictive covenants. 10. Warranties. 10.1 The Declarant represents and warrants that: A. The Declarant is the sole owner of the Property and holds fee simple title which is free and clear of any and all liens, loans claims, restrictions, easements and encumbrances, except as otherwise identified in Exhibit B, hereto; Declaration of Restrictive Covenants for Conservation — Paducah Boat Launch April 1017 B. The Declarant has identified all other parties that hold any interest (e.g. encumbrances) in the Mitigation Property and has notified such parties of the Declarant's intent to grant this Declaration; C. This Declaration will not materially violate or contravene or constitute a material default under any other agreement, document, or instrument to which the Declarant is a party, or by which the Declarant may be bound or affected; D. This Declaration will not materially violate or contravene any zoning law or other law regulating use of the Mitigation Property; and E. This Declaration does not authorize a use of the Property that is otherwise prohibited by a recorded instrument that has priority over the Declaration. 10.2 The Declarant represents and warrants that, to the best of its knowledge: A. With the exception of the CSO described below, no substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, or regulation, as hazardous, toxic, polluting, or otherwise contaminating to the water or soil, has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Mitigation Property. However, the discharge outlet structure for the City's Pump Plant #2 is located at the southwest comer of the Mitigation Property. During periods of normal flow in the Ohio River, stormwater passes via gravity through the existing 102 -inch RCP to the river outfall. Once the river reaches a stage of 27.5 feet (City gage), the flow is diverted through Pump Plant #2 and is discharged at the river side of the floodwall. This point is a Combined Sewer Overflow (CSO).; B. There are no underground storage tanks located on the Mitigation Property whether presently in service or closed, abandoned, or decommissioned; C. The Mitigation Property is in compliance with all federal, state, and local laws, regulations, and permits and there is no pending or threatening litigation in any way affecting, involving, or relating to the Mitigation Property and its use; and D. The Mitigation Property is not land -locked and there is access to the Mitigation Property by road, dedication of pathway or by an access easement. 11. Notification. Any notice, request for approval, or other communication require by these restrictive covenants shall be sent by registered mail, pre -paid postage, to the following addresses (or such addresses as may be hereinafter specified by notice pursuant to this paragraph): Declaration of Restrictive Covenants for Conservation —Paducah Boat Launch April 20/3 To Declarant: City of Paducah City Engineer — Public Works Director c/o Engineering — Public Works Department City Hall, 2nd Floor 300 South 5th Street Paducah, KY 42002 To Corps: U.S. Army Corps of Engineers Newburgh Regulatory Office 6855 State Road 66 Newburgh, IN 47630-9794 To Cabinet: 200 Fair Oaks Lane, Fourth Floor Frankfort, KY 40601 Attn: Water Quality Certification Section Supervisor 12. Amendment. After recording, these restrictive covenants may only be amended by a recorded document signed by the Corps, Cabinet, and Declarant. Amendment shall be allowed at the discretion of the Corps and Cabinet, in consultation with resource agencies as appropriate, and then only in exceptional circumstances. Any amendment must be consistent with the requirements of Sections 401 and 404 of the Clean Water Act. There shall be no obligation to allow an amendment. 13. Termination. This Declaration is intended to be perpetual in nature and run with the land as set forth in paragraph 1 of this Declaration. However, if the Corps and Cabinet determine that the compensatory mitigation undertaken on the Mitigation Property set forth in the Mitigation Plan is not successful and the alternative mitigation identified does not involve the Mitigation Property, then the Declarant, Corps, and Cabinet may terminate this Declaration by written agreement. 14. Recording. Declarant shall record this Declaration in the official property records of the Office of the Fayette County Clerk within thirty (30) days of execution of this Declaration by the Declarant, and shall, within thirty (30) days of recording, provide the Corps and the Cabinet with a copy of the recorded Declaration and exhibits. Declarant may re-record this instrument at any time as may be required to preserve its rights. 15. Successors in Interest. All references to the Corps and the Cabinet shall include successor governmental agencies, departments, or divisions, or any other successor entities prescribed by law. 16. Severability Provision. Should any separable part of these restrictive covenants be held contrary to law, unenforceable, or void, the remainder shall continue in full force and effect. Declaration of Restrictive Covenants for Conservation -Paducah Boat Launch April 2013 IN WITNESS WHEREOF, the Declarant has duly executed this Declaration effective on the date first written above, but actually on the date set forth below. DECLARANT M Gayle Kaler, Mayor Date COMMONWEALTH OF KENTUCKY COUNTY OF MCCRACKEN Subscribed and sworn to before me by My Commission Expires: x THIS INSTRUMENT PREPARED BY: & 3111/13 Ronald L. Thomas, Principal Redwing Ecological Services, Inc. 1139 South Fourth Street Louisville, Kentucky 40203 Telephone: (502) 625-3009 NOTARY PUBLIC this the _ day of Tract Description of the 6th and Burnett Boat Launch Mitigation Reservation Deed Restriction for the City of Paducah, Kentucky A parcel of land located on the north side of North Sixth Street between Burnett Street and Terrell Street, south of the Ohio River, Paducah, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a point in the North right of way line for the City of Paducah floodwall, said point being located 30 feet East of the centerline of Burnett Street and approximately 129 feet North of the centerline of North 6th Street; Thence, with the said floodwall right of way line, North 65' 08' 41" Waste distance of 82926 feet to an 18 inch #4 rebar with aluminum cap stamped PLS 2547, Thence, continuing with the said floodwall right of way line, North 58' 00' 33" West a distance of 35 08 feet to a 4 inch diameter concrete monument with an embedded rebar and cap stamped PLS 2547, Thence, continuing with the said floodwall right of way line, North 10' 47' 03" West a distance of 88.55 feet to a 4 inch diameter concrete monument with an embedded raper and cap stamped PLS 2547, Thence, continuing with the said floodwall right of way line, North 580 00' 33" West a distance of 798.08 feet to a point in the eastern right of way line of Terrell Street; Thence, with the said eastern right of way line of Terrell Street, North 31' 53' 58" East a distance of 1517.70 feet to a point in the southern line of the Ohio River said line being the approximate 302 contour line, Thence, with a chord subtending the approximate 302 contour of the southern side of the Ohio River, South 51' 57' 22" East a distance of 1089.89 feet to a point in the southern lire of the Ohio River said line being the approximate 302 contour line; Thence, continuing with the southern line of the Ohio River along a chord approximating the 302 contour, South 48' 15' S1" East a distance of 553.30 feet to a point in the southern line of the Ohio River said line being the approximate 302 contour line; Thence, continuing with the southern line of the Ohio River along a chord approximating the 302 contour, South 45' 15' 29" East a distance of 88.29 feet to a point in the easterly line of the herein described tract, Thence, with the East line, South 31' 50' 21" West a distance of 1251.63 feet back to the point of beginning The above described parcel contains 56.236 acres more or less (2,449,626 sq.ft.). Less and except the following tract of land: A parcel of land located on the north side of North Sixth Street between Burnett Street and Terrell Street, south of the Ohio River, Paducah, McCracken County, Kentucky, and being more particularly described as follows: Page 1 of 2 Beginning at a point in the North right of way line for the City of Paducah floodwall, said point being located 30 feet East of the centerline of Burnett Street and approximately 129 feet North of the centerline of North 6th Street; Thence, with said floodwall right of way line, North 65° 08' 41" West a distance of 110.00 feet to a point Thence, North 400 26' 48" East a distance of 195.00 feet to a point; Thence, North 31 ° 50' 22" East a distance of 655.00 feet to a point; Thence, North 7° 07' 38" West a distance of 66.44 feet to a point, Thence, North 46° 35' 59" West a distance of 1070.00 feet to a point Thence,'North 43° 50' 07" East a distance of 240.00 feet to a point; Thence, South 55° 52' 14" East a distance of 349.73 feet to a point, Thence, North 180 06' 56" East a distance of 63.78 feet to a point in the southern line of the Ohio River said line being the approximate 302 contour line; Thence, continuing with the southern line of the Ohio River along a chord approximating the 302 contour, South 51' 57' 22" East a distance of 155.66 feel to a point in the southern line of the Ohio River said line being the approximate 302 contour line; Thence, continuing with the southern line of the Ohio River along a chord approximating the 302 contour, South 48° 15' 51" East a distance of 553.30 feet to a point in the southern line of the Ohio River said line being the approximate 302 contour line; Thence, continuing with the southern line of the Ohio River along a chord approximating the 302 contour, South 45° 15' 29" East a distance of 88.29 feet to a point in the easterly line of the herein described tract; Thence, with the East line, South 31° 50' 21" West a distance of 1251.63 feet back to the point of beginning. The above described parcel contains 10.804 acres (436,589 sq.ft.). All bearings referred to are based on the Kentucky State Plane South Zone (NAD 1983). Prepared by and in accordance with a survey performed under the supervision of: Brent Wright Ky. Licensed Prof. Surveyor 3901 Florence & Hutcheson, Inc 2550 Irvin Cobb Drive Paducah, Ky. 42003 Brent Wright -0,13 1!i Date Page 2 of 2 Agenda Action Form Paducah City Commission Meeting Date: April 9th, 2013 Short Title: Interior Renovations of 533-535 Fountain Avenue ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Charlie Doherty/Steve Ervin Presentation By: Steve Ervin Background Information: April 2010 Key Components: Existin., interior In an effort to stabilize URCDA structures in the Fountain Avenue neighborhood, staff recently solicited bids for the interior rehab phase of the primary structure of the URCDA property located at 533-535 Fountain Avenue. The scope of work will include a total interior rehab of the structure and the conversion of this duplex into a single family residence. All work performed will comply with the current City codes and regulations. Complete bid specs have been included in this staff report as an attachment. Staff Analysis: The house at 533-535 Fountain Avenue stands on the corner of Fountain Avenue and the main corridor of Martin Luther King Jr. Boulevard. Located on the western border of the Fountain Avenue neighborhood, it is the public's first introduction to the City's revitalization efforts as the east bound traffic flows toward downtown. This high profile intersection is also the future location of the "Fountain Avenue Neighborhood" sign which will include extensive landscaping to the median and a neighborhood sign to designate the beginning of the Fountain Avenue Neighborhood. In February of 2011, URCDA awarded Gordon Roofing the re -roof bid which was completed on March 14", 2011. In March of 2012, the URCDA Board awarded Crawford Contracting the exterior rehab bid which was completed in June of 2012. The Midtown Alliance of Neighbors demoed 90% of the interior plaster walls in August of 2012 and in February of 2013, staff completed additional landscaping to the structure. In March of 2013, construction of the Fountain Avenue sign began. The current bids under consideration represent the final phase of this rehab project. Once completed, the house and accessory structure will be offered to the public for sale. Bids: In full compliance with the City's procurement policies, staff solicited sealed bids through an advertisement in the Paducah Sun on March 13th, 2013 and mailed invitations to bid to all contractors on the City's qualified contractors list on March 11`h, 2013. Based on the scope of work, staff anticipated the contractor's bids to total somewhere in the neighborhood of $75,000. Bids were opened at 9:31 AM on Tuesday, March 26`h, 2013 with the following results: 533-535 Fountain Avenue Bids: 1. Crawford Construction: $79,350.00 2. D&D Construction: $104,887.00 3. Jim Steele Construction: $95,220.00 4. Midstates Construction: $112,899.00 5. Petraitis Construction: $81,144.00 Staff reviewed each bid in order to determine the most qualified contractor based on the best evaluated bid, the contractor's overall qualifications, and the estimated cost of the work to be performed. The following criteria and corresponding scoring system were used with the highest possible score being 100 points: 1. Specialized experience or technical expertise of the contractor and its Up to 20 Points personnel in connection with this type of work. 2. Past record of performance on contract with the community and Up to 20 Points other clients, including quality of work, timeliness, and cost control. 3. Capacity of the contractor to perform the work within the -time- limitations, limitations, taking into consideration the current and planned workload of to 20 Points he firm. 4. Cost Up to 20 Points 5. Familiarity with local conditions relevant to the proposed project. Up to 20 Point All contractors were evaluated with the following results: • Crawford Construction: 84 • D&D Construction: 92 • Jim Steele Construction: 94 • Midstates Construction: 90 • Petraitis Construction: 96 Although Crawford Construction submitted the lowest bid at $79,350.00, staffs evaluation of Crawford Construction's recent performance record with both City and PADD projects rendered a low evaluation score of 84. One example that contributed to the low evaluation score is that Crawford Construction was awarded a construction contract for a 2012 HOME project house at 302 Harahan Blvd. in November of 2012 and at this time, has only completed 25% of the project. The contractor of another 2012 HOME house at 301 Harahan Blvd. of equal size and scale was awarded a contract at the same time as Crawford Construction and has recently exceeded the 90% completion mark. Crawford Construction also has another unfinished NSP3 house being built for the PADD which was started in the summer of 2012 and is still incomplete. Staff has concerns that in this case, recommending the lowest bidder would not be in the best interest of the Fountain Avenue program. Existing Fountain Avenue project funds will be utilized for the rehabilitation of this structure. In May of 2012 the City sold 333 N. 16`h Street and received a check in the amount $104,835. These funds were deposited into the project account for future home rehabilitation work, Staff Recommendations: Therefore, with the highest evaluation score of 96 and the cost estimate difference of only $1,794.00, staff requests that the interior rehab bid of 533-535 Fountain Avenue be awarded to Petraitis Construction for the amount of $81,144.00. The Urban Renewal Board (URCDA) met on April 2nd and made a recommendation to the City Commission that the contract be awarded to Petraitis Construction. Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Fountain Avenue Project Finance Account Number: CD -0040 Agenda Action Form Staff Recommendation: Approval Attachments: Page 4 Department Head City Clerk City Manager ORDNANCE NO, 2013 -4 - AN ORDINANCE APPROVING THE RECOMMENDATION OF THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY TO ACCEPT THE BID OF PETRAITIS CONSTRUCTION FOR THE INTERIOR REHABILIATION OF 533-535 FOUNTAIN AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, the Planning Department of the City solicited bids on behalf of the Urban Renewal Community Development Agency for the interior rehabilitation of 533-535 Fountain Avenue via letters and public notice was published on March 13, 2013; and WHEREAS, bids were opened on March 26, 2013, by the Paducah Planning Department and reviewed by the URCDA on April 2, 2013; and WHEREAS, the URCDA recommends the City of Paducah accept the bid of Petraitis Construction in the amount of $81,144.00 for the interior rehabilitation of 533-535 Fountain Avenue. BE IT ORDANED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L That the City of Paducah approves the recommendation of the Urban Renewal and Community Development Agency to accept the bid of Petraitis Construction, in the amount of $81,144.00, for the interior rehabilitation of 533-535 Fountain Avenue. Said bid is in substantial compliance with the bid specifications, advertisement for bids, and as contained in the bid dated March 26, 2013. SECTION 2, The Mayor is hereby authorized toexecute a contract with Petraitis Construction for the interior rehab of 533-535 Fountain Avenue, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This expenditure will be funded through the Fountain Avenue Project account CD -0040. SECTION 4. 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, April 9, 2013 Adopted by the Board of Commissioners, April 23, 2013 Recorded by Tammara S. Sanderson, City Clerk, April 23, 2013 Published by The Paducah Sun, \ord\plan\contract-Petraitis Construction -533-535 Fountain Ave