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HomeMy WebLinkAboutCCMPacket2013-09-17CITY CONINIISSION MEETING AGENDA FOR SEPTEMBER !7. 2013 5:30 P.M. ROLL CALL INVOCATION -- Chris Fleming. Margaret Hank Cumberland Presbyterian Church PLEDGE OF ALLEGIANCE — Mee Hancock -- PTHS Sophomore ADDITIONS/DELETIONS PRESENTATION: NATIONAL QUILT MUSEUM ANNUAL UPDATE —F. BENNETT PROPERTY LEVY TAX HEARING —J. PERKINS I. MINUTES It. MOTIONS A. R & F Documents III. MUNICIPAL ORDERS A. Personnel Changes B. Re -use of Bond Futids for Wliitel)all Industries -- CITY MGR IV. ORDINANCES — ADOPTION A. H041E 2012 House 46 — 1403 Nlonroe Street — S. ERVIN B. Bond Issue for TeleTech. MACCO, & Noble Park Pool J. PERKINS C. Change Order # 1 for the Purchase of Two nes\ Triple Combination Pumper Trucks for Use bN the Paducah Fire Department — FIRE CHIEF KYLE D. Authorize a Contract with Harper Construction. LLC. for the Construction of the Gi-eenwa\ Trail Phase 11 Project — R. MURPHY r E. Authorize Contract for Desi_n Services and Construction Administration for the Julian Carroll Convention Center Renovation Project — S. DOOLITTLE V. ORDINANCES— INTRODUCTION A. Setting Tax Levies: Ad Valorem Propeities— FY2014—J. PERKINS B. Emergency Roof Stabilization Assistance Program — S. ERVIN C. Approval ofApaitmentComplexSigns— S.ERVIN D. Eickholz & Turnbo Zone Change — S. ERVIN E. Accept 2013 Port Security Axeard — New Boat Ramp Video Securiq — ASST. CHIEF BARNHILL F. Accept 2013-2014 Edward Byrne Memorial Justice ACCOnntablllt% Grant (JAG) Award — ASST. POLICE CHIEF GRIMES G. Approve Tower Option and Lease Amendment #2 — CITY MGR PEDERSON H. Approve MOU for Economic Incentives to Superior Care — CITY MGRPEDERSON Vl. CITY MANAGER REPORT Discussion for Riverfront Phase LA Change Order VII. COMMISSIONER COMMENTS VIII. PUBLIC COMMENTS IX. EXECUTIVE SESSION X. APPOINTMENT OF POLICE CHIEF SEPTEMBER 3, 2013 At a Regular Nfeeting of the Board of Commissioners, held on Tuesday, September 3, 2013, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, 1Mayor Kaler presided; and upon call of the roil by the City Clerk, the Foltoning answered to their name;: Commissioners Abraham. Gault, Rhodes,- and Mayor Kaler 14), Commissioner Wilson ryas absent (1). INVOCATION David Jones, of Fathers House of Paducah, gave the invocation. PRESENTATION: U-PDATE ON COLUMBI . THEATRE CONCEPT STUDY (As reported in the Commission Highlights by Public Information Officer Pam Spencer) "Randy Davis and Landee Bryant, Paducah Renaissance alliance board members, updated the Manor and Commissioners on the status of the woee, underway by Westlake, Reed, acrd 1,eskoskv of Cleveland, Ohio to complete aconcept scudv fnr The Columbia Theatre on Broadway. The Cin Commission approved engaging Elie [trm to complete the study in June of this year. The concept study includes drawings of The existing facility, workshops with potential users acid stakeholders to determine the intended uses for the theatre, the development of pmgrarns anti planning concepts for the potential future uses of the facility alotewith cost estimates. The City of Paducah has owned the Columbia Theane,which was built in 1927, for nearly 10 vears, Davis says the Firm has met with rhe local art agencies to determine their current and long-range pians and how the Columbia Theatre could fit into thea planning. The general consensus is that the theatre should include (tarn, Gee music, comedy, educational workshops, and rentni ,pace. The Paducah Film Society and the Maiden alley Cinema board propose that Maiden Alley Cinema run the Columbia "Theatre. Br ant says that Maideq �Ilev Cinema needs additional space to expand programming and offer Houyu>3txlb1ockbuster movies. Currently, during the dal 'Maiden alley shares its space witch the River Discover (:enter. To find out more about the ColumbiaTheaae tiA itpdatcs on the concept sntdy, visit the Columbia Theatre on Facebcok." CITIZEN SURVEY RECYCLING RESULTS (As reported in the Commission Highlights by Pubfic Information Officer Pam S eztcer) City Manager Jeff Pederson and public Information Officer Pam Spencer held a workshop with the Mayorand Coin rrtissioners regarding the resdrs of the \rational Citizen Survey questions about cectcling. The survey was misled to 1200 randomly seiected households it Paducah in February and \March of this year, Clic City had .I statistically valid ,ample of 344 respondents. The survey had two staetdard questions that involved rating the quality of recycLing services in Paducah and rate frequency of the household's recycling activi6ci. Neariy half of the respondents have recycled ut the past tear. To further receive information about recycbng, the Cin had the option of composing three custom questions on the surge}'. Regarding recycling, 57, of the respondents said that ce<reGng opportunities are either essential or very important to their quality of life. The other custorrt quesnon Focused what type of recycling program is the most interesting m them. Options were the two forms of curbside recycling "Single, cream and mull,-strearn), several drop points around the City, or one single drop location. At least +5N of rhe respondents were interested or omewhat interested in curbside tecytling. Pederson then led rite elected officials through general levels of participation for .I ciry regarding recycling mcludutg collection scenarios. Pederson says there isn't a uniform model for cities to follow to enter into recycling, He sacs it's a combination of factors including state mandates 'if anyj, the local situation with landfill ownership, key collection components and equipment, and the actinide of the cl zenrv. Commissioner Carol Gault says, "1 think we all support it. It's figuring out mechanics and where to go From here." Pederson also explained that the City is diverting a significant portion from the waste arrc, m through the recycling process at (lie Compost FaciLn. R.tlph Young with Greater Paducah Susraioability Protect ,GPj,P -ReoVele Now addressed the \Mayor and Commi:stoners regarding the current sM-,jion of the recyclutg Facility' on North S'", Street. Paducah Water has aLlowcdGPSM', a 301'c, 3 , use of the facd;v,, on \orth 3-1, Street for several years but needs rhe property returned for its own purposes. Over the past daree years, GPSP has reviewed ?G properties but has not found one suitable or at a low enough cost `or the recycling operation. GPSP is interested in rhe Crisp Building on Irvin (:ohb Drive; however, UK and MS�' h3% -c nor commirred the facility; to recycling. Yom,,,;ac; chit %kithout another building and land, the operation wtu cease accepting recrdahllr; to November so thar it can begin disas_emblutg equipment to return Elie properr=. rr) Nclucaln \Varer by December 31. Fhc City has helped on the search Fyn .uirabae prnpern. The Cicy \tanager ,Ind GPSP-Recycle \ou- will meet soon to conriltue SEPTE[IBER 3, 2013 the search Eor a parcel that would be a good ht for die recychrig operations to continue and possibly expand, " MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault. that the reading of the [Minutes for August 13th, 16`h and 27", 2013 City Commission meetings be waived and that the [Minutes of said meetings prepared by the city Clerk be approved as mritten Adopted on call of the roll, yeas. Commissioners Abraham, Gault, Rhodes. and Mayor Kaler (4). .VPOMNTIIENT PaDUC:1N AREA TRANSIT SYSTE[I BOARD [Iayor Kater made the following reappointment: '`WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint William W. Cox asarnemherofthe Paducah Area Transit System, which term will expire June 30, 20 17 -Commissioner Gault offered motion, seconded by Commissioner Abrdi:arn, that the Board of Commissioners approve the action of Mayor Kaler in reappointing William W. Cox as a member of the Paducah Area Transit System Board. Adopted on call of the roll,yeas, Commissioners Abraham, Gault, Rhodes. and Mayor Kaler (-l). [IOTION'S R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the follo�%ins documents, bids, and proposals be received and filed: DOCUNIENTS I. Insurance Certificates: a) Heflin, Inc. b) Twin States Utilities & Excavation 2. Byas tilasonry Agreements/Contracts: 3. Agreement with Jim Steele Construction for construction of Blue Ridge [Manor at 1322 [Madison Street (ORD 9 2013-06-80-41 y Right of Way Bonds: a) Byas [lasonty 4. Twin States Utilities & Excavation, Inc. Commissioner's Deed for 1245 Park Avenue 3. Electric Plant Board of the City of Paducah, Kentucky dba Paducah Po\N er System Financial Statements Years Ended June 30, 2012 end 2011 6. Notice of Approval of Evidentiary [Iaterials and Release of Funds for a Community Development Block Grant Atiward on behalfofthe Four Ri%ers Behavioral Health Center (ORD a 2013-06-8039) 7. Amendment to the Grant Award for Extension of time for the 2012 Homeland Security Grant Award for the Fire Department {ORD 4 2013-08-8061) BIDS ENGINEERING -PUBLIC WORKS DEPARTMENT 1. Bids for Greenway Trail Phase MI Project a. Harper Construction, LLC * b, Wilkins Construction Co., Inc. c. A&K Construction, Inc. d. Pinnacle, [tic. e. Hi -Way Paving, Inc. SEPTEMBER 3, 2013 PROPOSALS PLANNING DEPARTyIENT Sale of: 5 l 1 North 5`h Street — Tract A 1. Henry C. & Neca F. Rudy 3 I 1 North 5"' Street -Tract B 1. Gary Jackson 517 North 5'h Street f 40 feet 1. Gary Jackson .adopted on call of the roll, yeas, Commissioners Abraham. Gauk, Rhodes. and V[ayor Kaler (4) MUNICIPAL 0RDERS APPROVAL TO ADVERTISE BOND ISSUE FOR TELETECH, \IACCO, AND NOBLE PARK POOL Commissioner Gault offered motion, seconded by Commissioner Abraham. that a Municipal Order entitled, "MUNICIPAL ORDER APPROVING7HE ADVERTISEMENT FOR BID AND DISTR[BUTION OF A PRELIivIIN,ARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2013A AND CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATICN BONDS. SERIES 2013E IN AGGREGATE PRNCIPAL A,1I0UNTS OF APPROXIMATELY SI, 115,000 AND $2,485,000, RESPECTIVELY", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes. and Ma}or Kaler (1). 'Nf0 # 1743; BK 9 ORDINANCES — ADOPTION NEW CONSTRUCTION BID AWARD FOR 717 HARRISON STREET Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled. "AN ORD[�IANCF APPROVE G THE RECONIiNIENDATION OF THE PADUCAH PLANNING DEPARTMENT TO ACCEPT THE BID OF JIM STEELE CONSTRUCTION FOR CONSTRUCTION OF A NEW HOME AT 717 HARRISON STREET, AND AUTF{ORIZ[NIG THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: That the City of Paducah accepts the bid of Jim Steele Construction in the amount of S 182,965.00, for the construction of a new home at 717 Harrison Street and also authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault. Rhodes. and Nlayor Kaler (-I). 0RD.42013-9-8069: BK 33 CHANGE ORDER 93 FOR UNIF0RM SERVICE IN THE FIRE DEPARTMENT Commissioner Gault offered motion, seconded by Commissioner .-\braham. that the Board of Commissioner adopt an ordinance entitled. -`AN ORDIN.ANCE.APPROVING CHANGE ORDER N0, 3 WITH BLUEGRASS UNIFORMS, INC., FOR UNIFORV[S FOR THE FIRE DEPARTMENT ENIPLOYEES AND AUTHO0 1I2FNIG THE MAYOR TO EXECUTE SAID CHANGE ORDER''. This ordinance is sum"arized as follows: That the City of Paducah hereby approves and accepts Change Order Vo. 3 with Bluegrass Uniforms, Inc., to add items that were not originally incorporated into the original contract such as replacement items, small pieces of ecluipment mailable to the individual employee, and uniform items that were inadvertently ]eft offthe original list. Adopted on call of the roll, yeas, Commissioners Abraham, Gain[ Rhodes, and Ma"or Kaler (-I). ORD.#2013-9.8070; BK 33 CONTRACT FOR SERVICES WITH GPEDC FOR F1'2013-2114 Commissioner Rhodes offered motion. seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled. "AN ORDNANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE GREA-1 ER PADUCAH ECONOMIC DEVELOPMENT COUNCIL FOR SPECIFIC SERVICES." I'his SEPTEMBER 3, 20t3 ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract with Greater Paducah Economic Development Council in the amount of $250,000, to be paid in equal quarterly allocations of 562,500, for performance of services as outlined in said Contract. Further, this contract will include services for EntrePaducah in the amount of 550,000 to be paid in equal quarterly allocations of $12,500. This contract shall expire June 30. 2014. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, and .Mayor Kaler (4). ORD # 2013-9-8071; BK 33 2013/2011 KENTUCKY TRANSPORTATION D(SCRETIOY.YRY APPLICATION Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, `-AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A 2013-2014 KENTUCKY TRANSPORTATION DISCRETIONARY AWARD FOR A REINIBURSEMENT GRANT WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET". Thisordinance is summarized as follows: That the City of Paducah hereby authorizes the iNlavor to execute a grant agreement and all documents relating thereto for 12013-2014 Kentucky Transportation Discretionary Reimbursement Grant Award with the Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, in the amount of $5,000, for overtime hours for traffic enforcement. This program does not require any local cash or in-kind match. MOTION TO AMEND AMOUNT OF GRANT FROLM $5,000 YO $10,000 Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners amend the ordinance introduced on August 27, 2013 and entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A 2Ot3- 20t4 KENTUCKY TRANSPORTATION DISCRETIONARY AWARD FOR A REIMBURSEMENT GRANT WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET", to allow for an additional 55,000 from the Kentucky Office of Highway Safety. a division o f the Kentucky Transportation Cabinet, for a total grant amount of $10,000 to be accepted for the Kentucky Transportation Discretionary Reimbursement Grant :Award. Adopted on call of' the roll, yeas, Commissioners Abraham, Gault, Rhodes and Nlayor Kaler (4). ADOPT ORDINANCE AS AMENDED FOR GRANTAWARD Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt the ordinance as amended and entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A 2013-2014 KENTUCKY TRANSPORTATION DISCRETIONARY AWARD FOR A REtMBURSEM6NT GRANT WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET", to receive $10,000 for a 2013-2014 Kentucky Transportation Discretionary Reimbursement Grant Award with the Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, for overtime hours for traffic enforcement. .Adopted on call of the roll. yeas, Commissioners Abraham, Geull. Rhodes, and Ma+or Kaler (4). ORD.4 2013-9-8072: BK 33 ORDINANCES — INTRODUCTION HONIE 2012 HOUSE ft6 — 1403 MONROE STREET Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE RECOMMENDATION OF THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY TO ACCEPT THE BID OF D & D CONS] RUCTION FOR CONSTRUCTION OF A NEW HOME AT 1403 MONROE STREET. AND AUTI-{ORIZ(NG THE MAYOR TO EXECUTE .A CONTRACT FOR SAME". This ordinance is summarized as follo%\s: That the Citc of Paducah approves the recommendation of the Urban Renewal and Community Development Agency to accept the bid of D & D Construction. in the amount of S 127,370.00, forthe construction of a SEPTEb1BER 3, 2013 ne%% home at 1403 Monroe Street, as part of the 2012 HOME Project. Further. the ,\W or is hereby authorized to execute a contract with D & D Construction for the construction of the new home. BOND ISSUE FOR TELETECH, NIACCO, & NOBLE PARK POOL Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "ASI ORDNANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHOR IZNGTHE ISSUANCE OF (t) CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2013A N THE APPROXIMATE AGGREGATE PRINCIPAL A'NIOUNT OF S 1,115,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASNG OR DECREAS[NG THE PRINCIPAL AMOUTT OF SERIES 2013A BONDS BY UP TO S 110.000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF RENOVATIONS AND IVIPROVENIEN FS TO A tMUNIC[AL POOL N THE CITY OF PADUCAH, KENTUCKY; AND (11) CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B tN THE APPROXINIATE AGGREGATE PRINCIPAL AMOUNT OF $2,485,000 (SUBJECT TO A PERMITTED ADJUSTMENT NCREASING OR DECREASNG THE PRfNCIPAL AMOUNT OF SERIES 2013.E BONDS BY UP TO $245,000) FOR THE PURPOSE OF FFNANCING A P0ZFION OF THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQU[PPING OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORMS OF BONDS: AUTHORIZING DESIGNATED OFFICERS TO EXF-CUTE 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 BOND PAYMENT FUNDS; 4(ANTAFNNG THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZNG ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS: AND REPEALING INCONSISTENT ORDNANCES." This ordinwwe is summarized as follo\�s: This Ordinance authorizes the issuance of general obligation bonds designated as Series 2013A in the approximate principal amount of$1,1 15,000 (the "Series 2013A Bonds") and Series 2013B in the approximate p7rtcipal amount of $2,48,000 (the "Series 2013B Bonds," and together with the Series 2013A Bonds, the "Bonds") by the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose of financing the costs of various projects within the City, including (i) the renovation and improvement of municipal pool (the "2013A Project"), (ii) the construction of improvements to an industrial/distribution Cacility located within the City to be leased to a Kentucky subsidiary of.Macco Organiques Incorporated, a Canadian corporation, for use in Furtherance of economic development within the City, and (iii) the acquisition, construction. installation and equipping of an approximately 30,000 square foot building to be located on property being leased jointly by the City and the County of McCracken, Kentucky (the "County") and to be subleased to TeleTech Ser% ices Corporation, a Colorado corporation, for use in furtherance of economic development within the City (collectively, the "20 I'M Project." and together tiNi(h the 2013A Project, the "Projects"). Provisions are made in the Ordinance for the payment of the Bonds and the security therefor; for the application of the proceeds of the Bonds; For the establishment of Bond Payment Funds; for the maintenance of the previously established sinking fund; and for certain covenants of the -Cit; %eith respect to the Bonds, The Bonds are to be sold at public, competitive sale, and shall mature, or be subject to mandatory sinking fund redemption, in varying amounts on September l of each of the years 2014 through 2028. The Bonds pledge the full faith and credit of the Cil; and provision is made for the collection ofa tar- to pa} the principal of, and interest on the Bonds, subject to certain credits, as pro%ided in Section 8 of the Ordinance. As required by KRS 83A.060. the follo+ving Section 7 of the Ordinance is set forth in its enttret% "Section 7 -- General Obligation. The Bonds shall be full general obligations of the City and. for the payment of said Bonds, and the interest thereon, the full faith. credit SEPTEMBER 3, 2013 and revenue of the City are hereby pledged for the prompt payment [hereof. During the period the Bonds are outstanding, there shall be and there hereb, is le% ied on all the taxable property in the Citr, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the principal of and interest on the Bonds when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. Said tax shall be and is her-eby ordered computed, certified. levied and extended upon the tax duplicate and coilectedby the same officers in the same manner and at the same time that taxes for general parposes 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, hotivever, that in each year to the extent that the other lawfully available funds of the City are aN ailable for the payment of the Bonds, including amounts available under the Lease, 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 Rinds so available and appropriated." CHANGE ORDER 01 FOR THE PURCHASE OF TWO NEW TRIPLE COMBINATION PUNIPER TRUCKS FOR USE BY THE P.VDUCAH FIRE DEPARTMENT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDFI ANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. I WITH BLUEGRASS FIRE EQUIPMENT COMPANY AND PIERCE vLANUFACTURNG, INC., FOR THE PURCHASE OF TWO TRIPLE COMBINATION' PUMPER TRUCKS FOR USE BY THE FIRE DEPARTMENT, AND AUTHORIZIXG THE MAYOR TO EXECUTE SAID CHANGE ORDER N0, I." This ordinance is summarized as follows: The City approves Change Order No. I with Bluegrass Fire Equipment Company, Inc. and Pierce Manufacturing Inc., for an increase in the amount of 53,366.00 for additions to the kvo triple combination pumper trucks for use b) the Fire Department, increasing the total contract price to 5835,720.00. AUTHORIZE A CONTRACT WITH HARPER CONSTRUCTION, LLC, FOR THE CONSTRUCTION OF THE GREE NWAY TRAIL PH.kSE If PROJECT Commissioner Gault offered motion, seconded by Commissioner Abraham that the Board of Commissioners introduce an ordinance entitled, "AN ORDNANCE ACCEPTING THE BID OF HARPER CONSTRUCTION, LLCI'OR THE CONSTRUCTION OF THE GREEN WAY TRAIL PHASE H PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FGR SAME". This ordinance is summarized as follows: That the City of Paducah accepts the bid of Harper Construction, LLC in the amount of 5672,502.45 for construction of the Greenwav Trail Phase 11 Project, and authorizes the .Mayor to execute a contract with Harper Construction, LLC for construction of the Greenway Trail Phase H Project. .AUTHORIZE CONTRACT FOR DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION FOR THE JULIAN CARROLL. CONVENTION CENTER RENOVATION PROJECT Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARCUtit ENGINEERING, LLC FOR THE DESIGN SERVICES AND CONSTRUCTION AD,\/[INISTRATION FOR THE FINAL MASE FOR THE JULIAN CARROLL CONVENTION CENTER RENOVATION PROJECT." This ordinance is summarized as follows: That the Mayor of the City of Paducah i; hereby authorized to execute a Professional Services Agreement with Marcum Engineering, LLC, for professional design services and construction administration for the reno%ation of the remaining areas of the Julian Carroll Convention Center more speciticallc the kitchen area and the old hotel showroom. Compensation shall be at a rate of 7.875% of construction cost and 6.31110 of valued cost of any work not constructed plus compensation for reimbursable expenses as outlined in the agreement. CITY MANAGER REPORT Cite Manager Pederson requested an executi%c session to discuss an oconornic de+elopincnt issue. SEPTEMBER 3. 2013 CO)IIISSIONER CONBIEi\TS None were given. PUBLIC CO-MIIENTS None were given. EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board go into closed session for discussion oFinattters pertaining to the following topics: I. A specific proposal by a business entity where public discussion of the subject matter wouldjeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g). Adopted on call oFlhe roll, yeas. Commissioners Abraham, Gault, Rhodes, and Mayor Kaler (J). Upon motion the meeting adjourned. ADOPTED: September 17, 2013 Clerk ,Nlayor September 17, 201.> I mo% e that the foIIo`t im- documents be receI� cd and filed: DOCUMENTS Insurance Certificate for GUI Equipment Corporation 2. Commissioners Deeds: a. 303 Fountain Ave. b. 316 Walter ,letton Boulevard c. 1219 Salem Street 3. Quitclaim deed n ith George M. Vollmer Cor 228 S. 17°i Strtet q. FY2014 Contracts for Services: a. Greater Paducah Economic Development Council. Lia:. rORD " 2013-09-8071) b. Paducah -McCracken County Senior Citizens c. Paducah Junior Colle,e, Inc. Cot' the Paducali Sclioo' of Art (ORD P� 2013-03-5067) d. Paducah Junior College, Inc for the Corntllunity SC11PLu-ship Pr0gram (ORD � 2013-08- 8068) 013-08- 8068) e. Barkley Regional Airport (ORD =" 2013-08-8066) f. Maiden Alley Cinema 0. Paducah Transit Authority (ORD 4 2013-08-3063) 3. Contracts & Agreements a. Agreement %\ ith Ohio Machinery CompanyFor the pi -chase ol'a Trommel Portable Screening Plant (ORD " 2013-08-5064) b. '013/2014 Interlocal Agreement regarding a Kentuc);ti Division of Waste Management Recycle Grant Award (ORD t: 2013-07-8033) c. 2013:'2014 Interlocal Agrecment regarding a KentLIC'L, div ision of W ISLe 1l,uaafjemeIIt Hazardous Household Waste Grant Award (ORD M 2013-07-5033) 4 d. Engineering Public -Works Department Change Order t;or the Ri%erfront Rede clopill imt Project -- Phase 1-A — Piles and Nfass Fill (OR.D —= 21): 3-08-5062) 6. Galls letter of approv al of pricing For the Paducah Police Drl-',u-tnient for the BP837 P% thon Dl Thi -cat Level II ,ki-mor \otice of Cancellation for the Board of Commissioners of 0-tv Cin' of Paducah for 3:30 p.m - Tuesday, September 10, 2013 CITY OF PADUCAH September 17, 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. 46 f/�j--i City V ager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS September 17, 2013 NEW HIRES - PART-TIME (P/TI/TEMPORARY/SEASONAL PARKS SERVICES POSITION RATE NCS/CS FLSA EFFECTIVE DATE Frances, Stewart L Recreation Leader $8 00/1hr NCS Non -Ex August 29 2013 EPW-STREET Shelton, Joshua A. POLICE Kinser, Amanda J POLICE Simak, Michael C FIRE - SUPPRESSION Jeffords Dav,d L Morgan Thomas K PLANNING Meadows Cheryl A PARKS SERVICES Abernathy Jordan Ashley Stephen iMeier. Miranda May. Olivia lackson Kylie 3rogan Josh NEW HIRE - FULL-TIME (F/i) POSITION RATE RO'N Maintenance Person $1374/Hr Evidence Technician 1 $13 25/Hr TERMINATIONS -FULL-TIME (FR) POSITION REASON Patrolman Retirement Fire Captain Fere Captain Grants Administrator Retirement Retirement Resignation NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex September 19. 2013 NCS Non -Ex September 26 2013 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONSITEMPORARY ASSIGNMENTS EFFECTIVE DATE September 6, 2013 September 30 2013 August 30. 2013 September 13. 2013 PREVIOUS POSITION CURRENT POSITION NCS/CS AND BASE RATE OF PAY AND BASE RATE OF PAY FLSA EFFECTIVE DATE Lifeguard $8 00/Hr Recreation Leader NCS Non -Ex August 29. 2013 38.00/Hr Lifeguard $8 00/Hr Recreation Leader NCS Ncn-Ex August 29 2013 38.00/Hr Lifeguard 38 00/Hr Recreation Leader NCS Non -Ex August 29. 2013 $8 00/Hr Pool Attendant Recreation Leader NCS 37 50/Hr $8.00/Hr Nor -Ex August29 2013 Foci Attendant Recreation Leader NCS Non $8.00/Hr S8 00/Hr -Ex August 29 2013 Pool Attendant Recreation Leader NCS Non-Exr $7 5C/Hr S8 00/Hr August 29.2 13 CITY OF PADUCAH PERSONNEL ACTIONS September 17, 2013 PAYROLL ADJUST MENTSITRAN SFERSIPROMOTIONSITEMPORARY ASSIGNMENTS TERMINATIONS - PART-TIME T)T11TEMPORARYISEASONAL PREVIOUS POSITION CURRENT POSITION NCSICS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Pool Attendant Seasonal/ Temporary August 28. 2013 FIRE - SUPPRESSION Pool Attendant Seasonal 1 Temporary August 28. 2013 Clark William A Summer Camp Coordinator Potter .John G Fire Lieutenant Acting Fire Captain NCS Non -Ex Septemcer 1 2013 Deming. Taylcr N $15 80/Hr $16 581Hr August 28 2D13 Earls Ashleigh H Pool Attendant Greer. Rnianron Relief Driver Acting Fire Lieutenart NCS Non -Ex September 1 2313 Fefiows Gabriella F $14 301Hr $15 81/Hr August 28, 2013 Greweile. Courtney R. Lifeguard Johnston Ryan B Fire Lieutenant Acting Fire Captan NCS Non -Ex September 18 2013 Hall Jesse A $15.801iHr $15 58/Hr August 28 2013 Hargrove, Moily F Recreation Leader Kirkham Timothy Relief Driver Acting Fire Lieutenant NCS Non -Ex September 18 2013 Hines. Margaret B S14 4011-ir $15.51'Hr August 28. 2013 Hogarty Sarah A Recreation Leader TERMINATIONS - PART-TIME T)T11TEMPORARYISEASONAL POSITION REASON EFFECTIVE DATE PARKS SERVICES Cherry. Grant A Pool Attendant Seasonal/ Temporary August 28. 2013 Clark Eliza G Pool Attendant Seasonal 1 Temporary August 28. 2013 Clark William A Summer Camp Coordinator Seasonal ? Temporary August 28. 2013 Collins. Samantha J Pool Manager Seasonal"Temporart August 28 2013 Deming. Taylcr N Lifeguard Seasonal/ Temporary August 28 2D13 Earls Ashleigh H Pool Attendant Seasonal ! Temporary August 28 2013 Ellis, Nathan Pool Attendant Seasonal ? Temporary August 28, 2013 Fefiows Gabriella F Summer Camp Coordinator Seasonal ! Temporary August 28, 2013 Greweile. Courtney R. Lifeguard Seasonal ! Temporary August 28. 2013 Guthrie Madison J Lifeguard Seasonal ? Temporary August 28 2013 Hall Jesse A Pool Attendant Seasonal ! Temporay August 28 2013 Hargrove, Moily F Recreation Leader Seasonal,' Temporary August 28, 2013 Hastings Kather re L Summer Camp Coordinator Seasonal / Temporary August 28, 2013 Hines. Margaret B Lifeguard Seasonal 1 Temporary August 28. 2013 Hogarty Sarah A Recreation Leader Seasonal / Temporary August 28 2013 Hudspeth. Zachary T Pool Attendant Seasonal Temporary August 28, 2013 Kaltenbach. Robe[,. C Recreation Leader Seasonal Temporary August 28 2013 Kollenberg. Johnny F Recreation Leader Seasonal l Temporary August 28 2013 Kollenberg, Teddy Lifeguard Seasonal/ Temporary August 28. 2013 McCorry Rhoden Recreation Leader Seasonal / Tempora.y August 28, 2013 Mitchell Brooke D Lifeguard Seasonal' Temporay August 28 2013 Moreland Jack Lifeguard Seasonal/ Temporary August 28 2013 Myers Mallie A Lifeguard Seasonal !Temporary August 28, 2013 Paschall, Sam L Lifeguard Seasonal 'Temporary August 28, 2013 Prland Samantha J T'ny Tot League Coach Seasonal / Temporay August 28 2013 Reese McKenzie T Lifeguard Seasoral / Temporay August 28. 2013 Roberts, Dylan M Pool Attendant Seasonal ,' T�amperary August 28 2013 Roche Jamie T;ny Tot League Coach Seasonai Ternpora y August 28. 2013 Shannon Mack Lifeguard Seasonal/ Temporary August 28 2013 Shelley. Amber K Pool Attendant Seasonal ? Temporary August 28 2013 Stacy, Kline P Lifeguard Seasonal r Tempera.ry August 28, 2013 Starnes. Devor C Lifeguard Seasonal 1 Temporary August 28 2013 Tucker Chase A Recreation Leader Seasonal ! Temporary August 28 2013 Under,vcod Vered th Recreation Leader Seasonal,' Temporary August 28. 2013 Ylest Bradley R Lifeguard Seasonal ? Temporary August 28. 2013 "Nest iMaddie M. Recreation Leader Seasonal Temporay August 28 2013 'f�lhite Lauren F Lifeguard Seasonal Temporary August 28 2013 '/11,1liamson Sara E Lifeguard Seasonal ; Temporary August 28 2013 IiVi.'son,. Querner M Pool Attendant Seasonal ' Temporary August 28. 2013 Agenda Action Form Paducah City Commission Meeting Date: September 17, 2013 Short Title: ECONOMIC INCENTIVE FOR WHITEHALL INDUSTRIES ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: • The City of Paducah was notified on February 28, 2013, by the Kentucky Cabinet For Economic Development of the availability for use of $125,000 in repaid Economic Development Bond Fund • In accordance with instructions from the Kentucky Cabinet For Economic Development the City formally requested and on July 24, 2013, received, confirmation from the Cabinet For Economic Development of the approval for use of the $125,000 for a project to assist the location of Whitehall Industries to Paducah • The approved use of the $125,000 is to assist in the purchase of an aluminum extrusion press for Whitehall Industries • Whitehall Industries has committed to the creation of 150 jobs, paying a minimum of $ 13 per hour, and including health insurance benefits with 50% company contribution • The City wishes to extend the use of these funds to Whitehall in partnership with additional incentives to be provided by Paducah Economic Development and McCracken County. Goal: ®Strong Economy ❑ Quality Services[] Vital Neigliborhoods❑ Restored Downtowns Funds Available: Account Name: q Il 2013 Account Number: inance Staff Recommendation: Attachments: MUNICIPAL ORDER NO. A MUNICIPAL ORDER TO RE -USE $125,000 IN REPAID ECONOMIC DEVELOPMENT BOND FINDS APPROVED THROUGH THE KENTUCKY CABINET FOR ECONOMIC DEVELOPMENT TO BE USED AS AN ECONOMIC INCENTIVE TO WHITEHALL INDUSTRIES TO Am IN THE PURCHASE OF ONE ALUMINUM EXTRUSION PRESS WHICH WILL ASSIST IN THE LOCATION OF WHITEHALL INDUSTRIES TO PADUCAH WHEREAS, the City of Paducah was notified on February 28, 2013, by the Kentucky Cabinet For Economic Development of the availability for use of $125.000 in repaid Economic Development Bond Funds; and WHEREAS, in accordance with instructions from the Kentucky Cabinet For Economic Development the City formally requested and on July 24, 2013, received confirmation from the Cabinet For Economic Development of the approval for use of the $125,000 for a project to assist the location of Whitehall Industries to Paducah; and WHEREAS, the approved use of the $125,000 is to assist in the purchase of an aluminum extrusion press for Whitehall Industries; and WHEREAS, Whitehall Industries has committed to the creation of 150 jobs, paying a minimum of S13 per hour, and including health insurance benefits with 50% company contribution; and WHEREAS, the City wishes to extend the use of these funds to Whitehall in partnership with additional incentives to be provided by Paducah Economic Development and McCracken County. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. That the City of Paducah shall re -use $125,000 in repaid economic development bond hinds approved through the Kentucky Cabinet for economic development to be used as an economic incentive to Whitehall Industries to aid in the purchase of one aluminum extrusion press which will assist in the location of Whitehall Industries to Paducah. SECTION 2. This expenditure shall be charged to the ED0019 project account (040-0102-511-2307). SECTION 3. This Order shall be in full force and effect from and after the date of its adoption MAYOR ATTEST TANINL RA S. SANDERSON, CITY CLERK Adopted by the Board of Commissioners September 17. 2013 Recorded by Tammara S. Sanderson, City Clerk. September 17, 2013 \moAincentives-whitehal I Agenda Action Form Paducah City Commission Meeting Date: September 3td, 2013 Short Title: HOME 2012 House 96 — 1403 Monroe Street M Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Charlie Doherty/Steve Ervin Presentation By: Steve Ervin Background Information: t403 Monroe Street: "Strathmoor Manor" Key Components: After receiving final SHPO approval to build a new 2012 HOME house on the lot at 1403 Monroe Street, staff solicited bids for the construction of the 1,380 SF "Strathmoor Manor" home on this lot in a Public Notice published in the Paducah Sun on August 4th, 2013. Bids were opened on August 20'h, 2013 with the following results: D&D Construction: Jim Steele Construction: Crawford Contracting: Staff Analysis: $127,370.00 ($92.30JSF) $130,275.00 ($9440iSF) $131,900.00 ($95.5 USF) As stated in the Public Notice, contracts are to be awarded based on the best evaluated and most responsive bids. Agenda Action Form Page 2 • D & D Construction was the low bidder at $127,370.00. D&D's evaluation was scored at 99 based on previous experience with City projects and being the low bidder. Staff Recommendations: URCDA meets at 4:30 PM on the 3`d of September and based on these staff evaluations, it is anticipated that the URCDA Board will recommend that the Board of Commissioners award the construction contract for 1403 Monroe Street to D & D Construction for $127,370.00. Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: 2012 HOME project �s I3�II } Account Number: 008-1216-513.2307 is Account Project Number: CD 0081 Staff Recommendation: Approval Attachments: a>"— Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Nvteeting Date: September 3, 2013 Short Title: Sale of Bonds authorization — Series 2010, $3,600,000 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑Motion Staff Work By: Jonathan Perkins & Jeff Pederson Presentation By: Jonathan Perkins & Jeff Pederson Background Information: The 2013 bond issue will be publicly sold September 19, 2013. Second reading of the ordinance September t7, 2013. Bond proceeds are to be used to finance renovations completed at the Noble Park Pool; and for the construction of or renovation of facilities to house economic development projects TeleTech and Nlaaco Companies. The bond issue is expected to have a l5 -year life and the bond size will be approximately 53,600,000*, including the cost of issuance. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Bond issue - 2013 Account Number: Bond Fund Finance Staff Recorrunendation: That the Mayor & Commission approve the proposed bond ordinance. Attachments: Draft of Ordinance Department Head City ClerkCity Manager Ordinance protides for a 100 carinnce in size of financing. Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Change Order 91 for the Purchase of Two new Triple Combination Pumper Trucks for use by the Paducah Fire Department ®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 Steve Kyle, Fire Chief Background Information: On March 19, 2013, Ordinance #2013-03-8022 was adopted accepting the bid from Bluegrass Fire Equipment Company, Inc., as the Vendor and Pierce Manufacturing, Inc. as the Manufacturer for the purchase of Two Triple Combination Pumper Trucks for use by the Paducah Fire Department for the pre -payment amount of $832,354.00. On April 11, 2013, the contract for the two Fire Pumper Trucks was executed, pre -payment was made and the process of manufacturing the Fire Pumper Truck began. As assembly progressed on the Pumper Trucks, it was discovered that certain items should be added to the original contract order. Attached is Change Order #1 listing the specific items, resulting in an increase of $3,366.00. Therefore, with the addition of this Change Order #1, the new contract price for the Two Triple Combination Pumper Trucks will be $835,720.00. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Fleet Fund Account Number: 071-0210-542-4011 Finance Staff Recommendation: To adopt an Ordinance authorizing Change Order #1 with Bluegrass Fire Equipment Company, Inc., as the Vendor along with Pierce Manufacturing, Inc. as the Manufacturer for the purchase of Two Triple Combination Pumper Trucks to be used by the Paducah Fire Department in the amount of $3,366.00, increasing the contract amount to $835,720.00. Attachments: Change Order 91, Original Contract, Original Ordinance Depart nt ad City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Authorize a Contract with Harper Construction, LLC, for the Construction of the Greenway Trail Phase II 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: On Wednesday, August 14, 2013, sealed bids were opened and read aloud for the Greenway Trail Phase II Project. Five responsive and responsible bids were received, with Harper Construction, LLC, submitting the lowest bid in the amount of $672, 502.45. This bid was below the revised construction cost estimate. This Project is primarily funded with a FHWA Transportation Enhancement Grant administered by the Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP) in the amount of $500,000 with a 20% City match. The sources of the City funds are available from the Boyles Estate Community Foundation and the remainder of the Greenway Trail Phase I funds. As required by the FHWA grant LPA process, documentation was forwarded to the KYTC- OLP recommending the award of the Project to Harper Construction, LLC, and confirmation was received from Ms. Kim Tompkins on August 28, 2013, copy attached. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Greenway Trail Phase II Account Number: 040-8821-536-2307 PA0078 �inance (� Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Harper Construction, LLC, in the amount of $672,502.45 for construction of the Greenway Trail Phase I1 Project Attachments: Bids, Advert 7ment, KY C -OLP Documentation, Proposed Contract Depart ent H City Clerk City Manager rA Agenda Action Form Paducah City Commission Meeting Date: September 1, 2013 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AND EXECUTE ALL DOCUMENTS NECESSARY WITH MARCUM ENGINEERING LLC, FOR THE FINAL PHASE JULIAN CARROLL CONVENTION CENTER RENOVATION PROJECT ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Information: This is to provide scoping, engineering, design and bid documents for the final phase of the convention center and showroom project. The primary goal of this design work is to create design work for alterations to the kitchen area and the old hotel Showroom. Since this job is primarily engineering, e.g. mechanical, electrical, and plumbing, a local architecture firm will be sub -contracted by the Engineer. It will be Peck, Flannery, Gream, and Warren of Paducah. The design was not bid for two reasons. First, professional services are not required to be bid by city code or state procurement statute. And secondly, these are the same engineers, architects, and designers for all previous phases of this project. They have the most built up knowledge base of the building and its mechanical and electrical systems. It's critical to do this work now, since we are actively seeking to sell the air done and the hotel is nearing its construction schedule. The contract proposes a fee schedule to be 1070 of the construction. Goal: ®Strang Economy ❑ Quality Services[] Vital Neighborhoods® Restored Downtowns Funds Available: Account Name: DT0031 Account Number: 040 4411 5922307 Finance Agenda Action Form Staff Recommendation: Page 2 The staff recommends that the Mayor and City Board of Commissioners award Marcum Engineering of Paducah with this design contract. An appropriation for this award was not included in this budget, but may be added to the eventual bond that will be used for this particular capital improvement. Citv Clerk artment Head Agenda Action Form Paducah City Commission Meeting Date: September 17, 2013 Short Title: Setting Tax Levies: Ad Valorem Properties -- FY2014 Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Real estate and personal property tax levies for the City's General Fund and Paducah Junior College (PJC) as well as another (non -City) tax jurisdiction, the Paducah Independent School District, are proposed to be set as per the attached ordinance. (Please refer to the 3 attached levy summary sheets for a history of the ad valorem tax levies for real estate, personal & inventory). Staff proposes the City's tax levy be set at 25.5 cents per 5100 assessed value (AV), higher than last year's 25 cents per $100 AV. The FY20t4 compensating rate is 24.6 cents per S100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward by not more than 4%, in this case to 25.5 cents. This will be the first year, in many, that the City is proposing to take the full 4% allowed by KRS as discussed during the City's most recent budget process. From FY2001 to FY2014, the City of Paducah dropped its real estate tax levy by 4.5 cents, while the School District tax levy increased 17 cents (see attached chart A). While Paducah's levy has been 25 cents for the past 6 years, in a survey of 18 Kentucky cities last fall, it was determined that Paducah's rate fell in the middle of those surveyed. The historical average (FY2009-FY2013) of property tax rates for the cities surveyed continues to rise each year (see attached chart B). Last year, Paducah's rate was one full cent below the group's average of 26.1 cents. The Paducah Independent School District real estate levy will increase by 2 cents to 76.7 cents/$100 AV. Since FY2001, the School's levy has moved from 59.7 cents to 76.7 cents per $100 AV. The City and PJC eliminated inventory taxes in order to encourage business growth in Paducah. As you may recall, the City's inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax revenue would have been over S 1.0 million in FY2014, if it were still in place. S:Jon Perkinsword Property Tax Agenda - Property Tax Levies FYI014.Docx Agenda Action Fonn Page 2 The City's General Fund real estate tax levy is proposed to be $25.5 cents per $100 AV. The proposed FY2014 rate is 56% of what the rate was in FY 1995, when the City made a conscious effort to lower real estate tax rates. The property tax levy ordinance will be introduced on September 17, 2013 with the second and final reading on September 24, 2013. Since the City's proposed tax levy is greater than the `compensating rate' of 24.6 cent per $100 AV, a public hearing is required; a public hearing is scheduled for September 17, 2013. Goal:M Strong Economy® Quality Services® Vital Neighborhoods® Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A LM6770i Staff Recommendation: Recommend that the Mayor and Commission adopt the proposed 2013-2014 real estate and personal ad valorem tax levies as proposed. Motion: I move that an ordinance setting the levies and rates of taxation on all property in the City of Paducah, Kentucky, subject to taxation for municipal purposes and for school purposes for the period from July 1, 2013, through June 30, 2014, be adopted. Attachments: Tables of Historic Tax Levies (3) Department Head City Clerk City Manager I M, 71 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO z �- Q V N O V Vt m O r 0 W W C O Gz� 0 0 0 0 0 Q m oG LO cC r r Q a W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -� 0 .-. 0 -� 0 ^^ 0 0 U O U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �zW " c U F �cr 00 w 0 0 0 0 0 0 0 vi 0 0 0 0 0 vl M M N N -� O O O O O O O r �n vl vl vl vi vl vi C'4`1 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W � CL .- c� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q\ I C V� V d' W .-. N [t O vl h OC O •-' V M V'J V O� vi z F- o a' U � 0 0 0 0 0 0 0 0 0 0 0 zo of z O W O Q a � U �.aw' 000000 �Q d a U F O N � V] VO O W � 0. F• O O C O W Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W w U .q. W" Q - cc N OC 0'% ON U) E• O� V� 00 00 z OO C• [� oo Ul Lc lzt O M M ON Q ^ C C O C\ cc 1` IC 10 IC, Ya oocooc0000000000 C7 E-" a l-- OO 00 O� [- Ul O O C� r- r- UQ LO I-0 H zO ooac00000ao0000000 O N z }� M Vl Q d' C- OO O C- M V'1 C- O\ ,--• Vl kn 00 00 � Qy C, O O O Q, a, � O O *- -• M M � t• t• � � � � o c o 0 0 0 0 o a c O 0 0 0 o a o c 0 0 a a O W O x M a o 0 0 0 0 Q U 0 0 0 0 0 0 W M M M M M N W 0 0 0 0 0 O O O C O O O O O C O SO W W a O a Ln000coo0 c, SO ter - Oc CN V1 M M M N CV O U 6 0 CD 6 0 0 0 0 zN o� o z�D f� 0 0 GZ C\ ON 00 �t C- ~M C',N N ^' O W 0 0 0 0 0 0 0 0 z w Vl Do ON O N M d' v") V r` 0c CT O � G� U C G, ON O CO 0 0 0 0 0 0 0— C, o- C-, C, O O O c O 0 c, 0 0 0 CD 0 0 C C N �.r W H z Vdi L U (a CL CD rn r E O O W a a� J x cu (D m U) LU a� X H 0 a. aD U x L1J C a c O m 69 N O � G N 69 N p O N r N � d9 N O O 6fi N oil r--1 .-- N O O N O .ti j--� N o ICY N 4� • � c N E7 N p o N 00 N � O c o CIA 00 Ln O � M p o N � � O Fig M o O N 00 0� O 5�9 M O V� N ❑ ■ ■ o N Lf) [� O N O O O O O O L U (a CL CD rn r E O O W a a� J x cu (D m U) LU a� X H 0 a. aD U x L1J C a c O m 2 SEPTEMBER 17, 2013 I move that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2013, THROUGH JUNE 30, 2014, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED". PURPOSE General Fund of the City Real Property Personal Property Motor Vehicles & watercraft School Purposes Paducah Junior College Real Estate Personal Property Motor Vehicles & watercraft RATE PER $100.00 $0.255 $0.390 $0.390 $0.017 50.017 $0.031 The City of Paducah shall collect the following taxes for the Board of Education: Paducah Independent School District Real Property $0.767 Personal Property $0.767 hrventory $0.767 Total Tax Rate per $100 - real property $1.039 Total Tax Rate per $100 - personal property $1.174 Total Tax Rate per $100 — inventory $0.767 Total Tax Rate per $100 — motor vehicle & watercraft $0.421 Property taxes Levied herein shall be due and payable in the following manner: In the case of tax bills which reflect an amount due of less than Five Hundred Thirty Dollars ($530.00), the payment shall be due on November 1, 2013, and shall be payable without penalty and interest until November 30, 2013. In the case of all other tax bills, payment shall be in accordance with the following provisions: • The first half payment shall be due on November 1, 2013, and shall be payable without penalty and interest until November 30, 2013. • The second half payment shall be due on February 1, 2014, and shall be payable without penalty and interest until February 28, 2014. S:Jon Perkins`Vord`Property Tax\Tax Rate Motion FY2014.Docx ORDINANCE NO. 2013 -09 - AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR iMUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2013 THROUGH JUNE 30, 2014, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED 13E IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby levied for the period from July 1, 2013, through June 30, 2014, upon all taxable real property within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of twenty five and 5110 cents (S.255) upon each one hundred dollars (S 100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 2. There is hereby levied for the period from July 1, 2013, through June 30, 2014, upon all taxable personal property including motor vehicles and watercraft, except for inventory, within the City of Paducah, Kentucky, subject 14) taxation for municipal purposes, an ad valorem tax of thirty-nine cents (50.390) upon each one hundred dollars (5100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 3. All taxes levied by Section I and 2 of this ordinance are necessary and required in order to provide revenue to meet the requirements of the budget ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all other revenue of the City not specifically allocated to other purposes shall be deposited into the General Fund of the City to be expended as provided in the budget ordinance for the period from July 1, 2013, through June 30, 2014. SECTION 4. There is hereby further levied an ad valorem tax of one and 7/10 cents ($0.017) on each one hundred dollars (S 100.00) of assessed valuation of all real property subject to taxation for municipal purposes in said City for the period from July I, 2013, through June 30. 2014, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 5. There is hereby further levied an ad valorem tax of one and 7110 cents (50.017) on each one hundred dollars (S 100.00) of assessed valuation of all personal property subject to taxation, except for inventory, for municipal purposes in said City for the period from July 1, 2013, through June 30, 2014, for the purpose of aiding, assisting and maintaining Paducah Junior College, wbich tax shall he and the same is hereby declared to be a tax for municipal purposes. SECTION 6. There is hereby further levied an ad valorem tax of three and 1/10 cents ($0.03 [)on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2013, through June 30, 2014, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 7. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, budget and levy the following taxes for the period from July t, 2013, through June 30, 2014, an ad valorem tax of seventy six & 7/10 cents ($0.767) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 8. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property in said City subject to taxation for school purposes. Pursuant to said resolution, budget and levy the following taxes for the period from July 1, 2013, through June 30, 2014, an ad valorem tax of seventy six & 7/10 cents ($0.767) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 9. The taxes levied under this ordinance are summarized as follows: PURPOSE RATE PER $100.00 GENERAL FUND OF THE CITY: Real Property $0.255 Personal Property (except inventory) $0.390 Motor Vehicles and watercraft $0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate $0.017 Personal Property (except inventory) $0.017 Motor Vehicles and watercraft $11.031 SECTION 10. The City of Paducah shall collect the following taxes for the Board of Education: PADUCAH INDEPENDENT SCHOOL DISTRICT Real Property $0.767 Personal Property (including inventory) 50.767 SECTION 11. Property taxes levied herein shall be due and payable in the following manner: (1) In the case of tax bills which reflect an amount due of less than Five Hundred Thirty Dollars ($530.00), the payment shall be due on November I, 2013, and shall be payable without penalty and interest until November 30, 2013. (2) In the case of all other tax bills, payment shall be in accordance with the following provisions: (a) The first half payment shall be due on November 1, 2013, and shall be payable without penalty and interest until November 30, 2013. (b) The second half payment shall be due on February 1, 2014, and shall be payable without penalty and interest until February 28, 2014. SECTION 12. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION U. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara Brock, City Clerk Introduced by the Board of Commissioners September 17, 2013 Adopted by the Board of Commissioners September 24, 2013 Recorded by Tammara Brock, City Clerk, September _, 2013 Published by The Paducah Sun, October , 2013 Agenda Action Form ;'Paducah City Commission Meeting Date. September 17, 2013 Short Title; EMERGENCY ROOF STABILIZATION ASSISTA`iCE PROGRAM Ordinance ❑Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen En in Presentation By; Stephen Ervin Background Information: The intent of this agenda item is to adopt an ordinance approvinz a Memorandum of Understanding between the City of Paducah and Torn Dunn (Developer) for the stabilization of the roof structure . 203 Broadway. Ray Pelley previously owned the building. Tom Dunn purchasd the structure at auction with intentions of renovating the first floor for retail and apartments on the 2nd -5'" Boor. After Mr. Dune's offer to purchase, he became aware of severe structural damage including the partial collapse of the roof. Structural deficiencies and roof stabilization is estimated $250,000. Upon approval of ordinance, the developer is ready to take immediate action to correct structural issues. Without irnmediate stabilization of 203 Broadway, the structure v, -ill further decline which may lead to greater expenditure's by the City- of Paducah through imreased stabilization or demolition of the structure. The attached memorandum of understanding will allow the utilization of up to $100,000.00 of roof stabilization funds. The roof stabilization ordinance was adopted by Ordinance #2013-8- 8056. Funds Available: (Motion Attachments Account Name: Roof Stabilization Account Number: 040-4411-592.23-07 Project 9 DT -0030 rtment Head Clerk Finance ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM[ OF UNDERSTANDING BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, AND TONI DUNN (DEVELOPER) WITH RESPECT TO THE ROOF STABILIZATION OF 203 BROADWAY IN THE ANIO_ UNT UP TO $100,000.00; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUNI OF UNDERSTANDING. WHEREAS, the City of Paducah desires redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries and insuring the integrity and quality of its existing historic commercial district; and WHEREAS, the City of Paducah's economic well-being is related to and dependent upon, sustained growth of its tax revenue base through the proper redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries; and WHEREAS, the City of Paducah desires to promote the stabilization of downtown buildings located within the Historic Downtown; and WHEREAS, the repair, stabilization, or replacement of roofs within the Historic Downtown will protect the historic built environment and will reduce further decline which may lead to greater expenditures by the City of Paducah through demolition; and WHEREAS, the City of Paducah adopted Ordinance No. 2013-8-806 for the establishment of the Roof Stabilization Assistance Program (the "Program"), which will be utilized to accomplish the goals of the City of Paducah by providing funds for the purpose of roof replacement or roof stabilization in the Historic Downtown; and WHEREAS, in order to insure that the Roof Stabilization will have a positive impact on the entire community and to encourage the public purpose stabilization of downtown buildings listed on the National Register of Historic Places, it is necessary and desirable that the City now authorize the Memorandum of Understanding by and among the City and the Developer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH. KENTUCKY. AS FOLLOWS: Section L Recitals and Authorization. The City hereby approves the Memorandum of Understanding among the City and the Developer (the "NIOU") 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 interests of the City to enter into the NIOU for the purposes therein specified, and the execution and delivery of the MOU is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the MOU, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the MOU with such changes in the MOU not inconsistent with this Ordinance 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 City, shall be conclusively evidenced by the execution of such /IOU by such official. Section 2. Severabilitv. 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 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 all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with 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 Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: City Clerk Introduced by the Board of Commissioners, Adopted by the Board of Commissioners, Recorded by City Clerk, 2013 Published by The Paducah Sun, \ord\plan\203 broadway-roof stabilization asst program 20t3 2013 2013 MAYOR EXHIBIT A TO ORDINANCE 95939 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding (Agreement) made and entered into on the day of September, 2013, by and between the CITY OF PADUCAH, KENTUCKY (the "City" or "City of Paducah"), a municipality of the second class, and TOM DUNN (the "Developer"). NOW, THEREFORE, in consideration of the foregoing premises, and for other value consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto, the parties do covenant and agree as follows: A. Developer agrees to the following: 1. Procure the services of a structural engineer licensed in the Commonwealth of Kentucky to provide corrective scope of action. 2. Stabilize the structure in accordance with the structural engineer's scope of action. 3. Secure a cormnercial contractor from the qualified roofing contractor list to install a new roof. d. Submit to the City an itemization of actual costs incurred by Developer in the stabilization of the structure and installation of a new roof. The itemization shall include supporting documentation that verifies the actual costs and expenses incurred by the Developer in the stabilization of the structure and installation of a new roof. B. City agrees to the following: In consideration of the commitments and agreement of the Developer set for above, the City agrees that upon completion of stabilization of the structure and installation of a new roof the City shall: Review itemization of actual costs incur -ed. The City will reimburse the Developer for the actual costs and expenses incurred by Developer in the roof stabilization in the amount not to exceed S 100,000.00. Roof Stabilization shal I mean the restoration of a deficient or substandard roof to provide a water tight roof system free of leaks including all necessary flashing, decking repair, rafters, gutters, downspouts, and roof/attic ventilation to ensure the longevity of the roof system. C. Miscellaneous Provisions. The following miscellaneous provisions shall apply: L Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Developer shall not assign its rights and obligations hereunder, in whole or in part, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve Developer from any obligations of this Agreement for which Developer shall remain fully bound to City. 2. Merger Clause. It is agreed and understood between the parties that this Agreement represents the entire and exclusive agreement between the parties, and that all prior representations, covenants, warranties, understandings and agreements are merged herein. This Agreement may only be modified in a writing executed by all parties hereto. 3. Construction. This Agreement shall be governed and construed under the laws of the Commonwealth of Kentucky. 4. Assurances. City and the Developer agree to execute such further documents and instruments as shall be necessary to fully carry out the terms of this Agreement. 5. Amendments. This Agreement may not be modified or amended unless by a writing signed by both parties hereto. 6. Execution and Delivery. This Agreement shall be of no force or effect unless and until it shall have been executed by both the City and the Developer and approved by the governing body of the City of Paducah. DEVELOPER "Com Dunn By Tom Dunn, Date: STATE OF KENTUCKY CITY: CITY OF PADUCAH, KENTUCKY By Gayle Kaler, Mayor COUNTY OF NlcCRACKEN The foregoing instrument was acknowledged before me this day of 20013, by Gayle Kaler, Mayor, City of Paducah. My commission expires Notary Public, State at Large STATE OF KENTUCKY COUNTY OF MCCRACKEN ) The foregoing instrument was acknowledged before me this day of 2007, by (title) on behalf of Tom Dunn. My commission expires Notary Public, State at Large Agenda Action Form Paducah City Commission Meeting Date: September 1, 2013 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AND EXECUTE ALL DOCUMENTS NECESSARY WITH IN'I.ARCUYI ENGINEERING LLC, FOR THE FINAL PHASE JULIAN CARROLL CONVENTION CENTER RENOVATION PROJECT ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Information: This is to provide scoping, engineering, design and bid documents for the final phase of the convention center and showroom project. The primary goal of this design work is to create design work for alterations to the kitchen area and the old hotel ShoNroom. Since this job is primarily engineering, e.g. mechanical, electrical, and plumbing, a local architecture firm will be sub -contracted by the Engineer it will be Peck, Flannerv. Gream. and 'A arren of Paducah. The design was not bid for two reasons. First, professional services are not required to be bid by city code or state procurement statute. And secondly, these are the same engineers. architects, and designers for all previous phases of this project. They hav e the most built up knowledee base of the building and its mechanical and electrical systems. It's critical to do this work now, since we are actively seeking to sell the air dome and the hotel is nearing its construction schedule. The contract proposes a fee schedule io be 1017c of the construction. Goal ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Do�\ntouns Funds Available: Account Name: DT0031 Finance Account Number: 040 441 1 592 2307 Agenda .action Form Staff Recommendation: Paee 2 The staff recommends that the Mayor and City Board of Commissioners award Marcum Engineering of Paducah with this design contract. An appropriation for this award was not included in this budget, but may be added to the eventual bond that will be used for this particular capital improvement. Citv Clerk City Lt Head Agenda Action Form Paducah City Commission Meeting Date: September 17, 2013 Short Title: Approval of apartment complex signs Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: Currently apartment complexes in residential zones are not allowed identification signs. Staff is proposing changes to Section 126-76 (g) Signs authorized for R-1, R-2, R-3, NSZ and R-4 Zones to allow for apartment complex signage. (g) Signs authorized for R-1, R-2, R-3, NSZ and R-4 Zones. No signs shall be permitted in the R-1, R-2, R-3, NSZ and R-4 zones in the city except as provided in subsection (e) above and as provided in subsection (e) above, (7) below and as provided as follows: (1) Signs with nameplates affixed to the exterior wall of a structure and not exceeding 18 inches by 24 inches in area shall be permitted for each single family dwelling unit. Such nameplates shall indicate nothing other than the name of the premises and/or the name and/or address of the occupants. Such signs may only be illuminated indirectly. (2) A sign identifying the name of subdivisions and public or private schools shall be permitted provided such signs do not exceed 48 square feet in area per sign face. Such signs may include an attached or freestanding announcement sign. Subdivision signs may only be illuminated indirectly. Public or private school signs may be lighted. Non-commercial public or private schools may have an electronic message sign. Such signs shall not be erected closer than ten feet to any property line unless attached to a building and shall not exceed eight feet in height. (3) Bulletin boards shall be permitted at places of worship provided such identification signs or bulletin boards do not exceed 48 square feet in area per sign face. Such signs may indicate the name and/or address and activities relating to the premises. Such signs may be lighted. Such signs shall not be erected closer than ten feet to any property line unless attached to a building and shall not exceed eight feet in height. (4) Signs for advertising nurseries or day cares in the R-1, R-2 and R-3 zone shall be permitted provided such signs comply with subsection (e)(5). (5) Free standing business signs, advertising the business uses, in the R-4 zone shall be permitted per lot provided the sign is no larger than 12 square feet in area per sign face and be no taller than ten feet. Such signs may only be illuminated indirectly. a. Only one free standing business sign shall be permitted on any lot. b. Wall signs shall be permitted for each tenant or lessee. The area of the wall signs shall not exceed 20 percent of square footage of face of building, structure or face of tenant or lessee space. Lighted signs are permitted. Wall signs shall not be located on any portion of the roof that encloses the building. (6) Private directional signs indicating entrance, exit or location of parking shall be permitted in the R-4 zone. Such signs shall not exceed four square feet in surface area for each sign and the height must not be more than 30 inches from the street level. These signs must be placed on private property and not on public right-of- way. (7) One fapade sign shall be permitted on any lot in the NSZ. Such signs shall only be approved for Conditional Permitted Uses. Such sign shall be permitted provided the sign is no larger than 8 square feet in area per sign face. Such signs may only be illuminated indirectly. (8) Apartment complexes may have private directional signs indicating entrance exit or location of parking provided such signs do not exceed four square feet in surface area for each sign face and the height shall not exceed 30 inches from the street level. These signs shall not be placed within the public right -of -waw shall not exceed more than two per public street frontage Further, apartment complexes may have one free standing apartment complex identification sign on anv lot, provided, however, one additional sign shall be permitted for each additional 300 feet of street frontage. One additionalfree standing apartment complex identification sign shall be permitted if the apartment complex is located at the intersection of two streets. The size of the sign shall not exceed 36 square feet in area per sign face. The outer edge of the sign shall be set back at least seven feet from the side lot line Alt permitted apartment canplex identification signs shall not exceed a height of 3 feet from acent grade. Stich signs shall be illuminated indirectly. Under the new proposed text amendment, the following apartment complexes could have the following signage: 1. Black Oaks — Two apartment complex identification signs, plus one directional sign off North 29h Street 2. Minnich Avenue apartments — 2 apartment complex identification signs 3. Cardinal Point — Two apartment complex identification signs and two directional signs off Trimble Street 4. Hillcrest Apartments — One apartment complex identification sign and one directional sign off Buckner Lane. The Planning Commission held a Public Hearing on September 4th, 2013 and made a positive recommendation to the City Commission. Funds Available: Account Name: N/A Account Number: N/A Finance Project Number: N/A Motion: Attachments: Planning Commission Resolution Agenda diction For Paducah City Commission Meeting Date; September 17, 2013 Short Title. Eickholz & Turnbo Zone Change Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: Key Components: the R-4 High Density Residential zone. Site Dzia, The applicant, E & T Enterprises, is requesting a zone change fo 625 and 637 Hayden Avenue from R-2 'Low and yiedium Density Residential Zone) to R-4 (High Density Residential Zone). This property is vacant at this time. The Planning C4ommission held a public hearing on September 4"', 2013 and made a positive recommendation to the City Commission. This zone change request was initiated because E & T Enterprises, LLC, located at 546 Lone Oak Road, would like to construct a new parking area for the doctor's office on the north portion of this site. Professional o "faces are principally permitted in the R-4 Zone, pursuant to Section 126-105 (1) (d) of the .Paducah Zoning Ordinance. The property to the north of this property is zoned R- 4. Therefore, this would be a continuation of Area: approximately 1,424 acres Public Utilities: Adequate water and sewer service available. Public Services: Sanitation, Police and fire service available. Physical Characteristics: Vacant lot. Development Plan: E & T Enterprises is proposing to construct a parking lo' on the north t50' of the site (approximately north half). This is to facilitate employee am visitor parking for the doctor's office at 546 Lone Oak Road Land Use Patterns - Doctors Turnbo and Eickholz have their medical office north of this site. Dr. Bowers with Innovative Ophthalmology has her office to the southwest of this site. Parkview Nursing Home is located northeast of the site. Three single-family homes are located east and south of the sit,-. Adjacent Properties: a North: Parking lot for doctor's office. v East: A vacant lot and two single family homes. ® South: A single family home. West: Vacant lots and Innovative Ophthalmology doctor office. za niing.. R-4 High Density Residential on the North. R-2 Low and Medium Density Residential on the East and South. B-1 Convenience and Service Zone on the West. The parcel is proposed to be changed to R-4 as follows: Sec, 126-105. P+1igh Density Residential Zone, R4. The purpose of this zone is to provide an area that will combine compatible residential and business uses in such a manner that it will buffer low-d.ensit-, residential property from high density and commercial uses. (1) Principal permitted uses. a. Any use permitted in the R-3 zone b. Multi -family dwellings C. Nursing homes and tourist homes d. Professional office buildings (yard requirements !-,)r office buildings shall be the same as the B-1 zone requirements) e. Day-care nurseries f Cemeteries g. Bed and breakfast h. Places of worship i. Any other use not listed which, in the Commission's opinion. would be compatible with the above uses in the R-=4 zone. Findings required for m2p amendmnen2a KRS — 100.213 Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plan, or in the absence of such a finding, that one or more of the following apply and such :findings shall be recorded in the minutes and records of the Planning Commission and City Cona!nission: That the existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate; or That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area. Staff Analysis — The area proposed to be re -zoned is in compliance with the Future Land Use Map. The Future Land Use Map shows the area to be zoned ''Commercial". A professional office is a principally permitted use in the R-4 Zone. The 1lD ageing Commission Tou nd that the ma- p amendment is in Agreement with the plan 2nd that the eiishin zunnimg is inappropriate. Planning Commission Recom medndviflon> The Planning Commission held a public hearing on September 4, 2013 and made a positive recommendation to the City Commission, Funds Available; Attachments: Account Mame: N,'A Account number: NiA Planning Commission Resolution Zone Change Map Finance { Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: Sept. Op, 2013 Short Title: 2013 Port Security Award — New Boat Ramp Video Security Phase 2 ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Nancy Upchurch/Mark Roberts/Greg Mueller Presentation By: Brandon Barnhill Background Information. In 2009, the City of Paducah was awarded a grant from the Federal Department of Homeland Security -FEMA Port Security Grarrt Program for the purchase and installation of 5 video cameras. The cameras are capable of variable degrees of panning, tilting and zooming with views available to law enforcement personnel on the mobile data computers in their vehicles. On June 11, 2013, through the approval of Municipal Order 91725, an application was submitted to the Federal Department of Homeland Security -FEMA Port Security Grant Program in the amount of $24,270.00 to expand the project. On August 26"we received a Notice of Approval in the amount of $24,270.00 for the purchase and installation of eripment to extend video surveillance coverage for the new boat ramp area located off North 6 Street. This award will reimburse the city 100 % of the purchase and installation of the video surveillance equipment expenses. If the Commission desires the Police Department accept the award it must authorize and direct the Mayor to sign all documents. If an award is offered it will be brought before the Commission for consideration. Goal: ®Strang Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Project Title: Port Security Camera Il 13�J Project Number: EQ0023 in ce File Number: 6.50 Account Number: 040-0 t 02-511.23.07 CFDA Number: 97.056 Department Head City Clerk City Manager ORDNANCE NO. 2013 - AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING THERETO WITH THE U.S. DEPARTNIENT OF HOMELAND SECURITY FOR A 2013 PORT SECURITY GRANT WHEREAS, on June 11, 2013, through the approval of Municipal Order 1725, an application was submitted to the U.S. Department of Homeland Security FENIA Pon Security Grant Program for the City of Paducah for the Riverfront Video Security Project Phase II to extend coverage to the new boat ramp area located off North 6° Street: and. WHEREAS, the U.S. Department of Homeland Security has approved the phasing plan and is ready to offer the second award of this grant. BE IT ORDANED BY THE CITY OF PADUCAH. KENTUCKY: SECTION I. The Mayor is hereby authorized and directed to execute all documents necessary with the U.S. Department of Homeland Security to obtain a 2013 Port Security Grant in the amount of $21.270.00 for the Riverfront Video Security Project Phase II for the purchase and installation of equipment to extend video surveillance coverage for the new boat ramp area located off North 6'a Street. SECTION 2. 'This expenditure shall be charged to the Port Security Camera II account, account number 040-0102-511-2307. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 121. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. September 17, 2013 Adopted by the Board of Commissioners. Recorded by Tammara S. Sanderson, City Clerk, Published by The Paducah Sun, VordApoliceAganr2013 Port Security-Roerrroni \,ideo Security Ph II Agenda Action Form Paducah City Commission Meeting Date: Sept. 17, 2013 Short Title: 2013/14 Edward Byrne Memorial Justice Accountability Grant (JAG) Award ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Asst. Chief Stacey Grimes, Cheryl Meadows Presentation By: Asst, Stacey Grimes Background Information: The Edward Byrne Memorial Justice Accountability Grant (JAG) is a federal formula grant funded through the U.S. Department of Justice. On June 11, 2013 the Commission approved Municipal Order 1726 to submit an application to the Department of Justice in the amount of $13,382 to be used by the Paducah Police Department. On September 4b Notice of Award was received. It is the desire of the police department to accept the 2013/2014 Edward Byrne Memorial Justice Accountability Grant (JAG) Award in the amount of $13,382 for the purchase of seventy-eight (78) trauma kits; six (6) simunition conversion kits for patrol rifles and simunition ammunition; and three (3) patrol rifles; two (2) day boxes for explosives and one (1) digital recorder. This award has no local cash match required. Although the City of Paducah has a sole and authorized individual allocation, it must remain in partnership with our local disparate jurisdiction which is McCracken County. It is for this reason, the City of Paducah and McCracken County have enter into an Interlocal Agreement on July 7,2013 supporting the 2013/2014 JAG application, submission, and the acceptance by the City of Paducah in the amount of $13,382. If the Commission desires the Police Department to accept this award funding and it must authorize and direct the Mayor to sign all contract documents. Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: JAG -2013q1 13/aa Account Number: 040-1616-521.23-07 14 Finance Project Number: P00074 VJ File Number: 6.251 CFDA: 16.738 Staff Recommendation: Approval Attachments: Department Head City Clerk City Manager ORDINANCE NO. 2013---- AN 013-- AN ORDINANCE APPROVING THE EXECUTION OF AN ON-LINE GRANT AGREEMENT. AND ALL DOCUMENTS RELATING THERETO, WITH THE U.S. DEPARTiMENT OF JUSTICE FOR A 2013-14 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE TO BE USED BY THE PADUCAH POLICE DEPARTMENT AND RATIFYING AN INTERLOCAL AGREEMENT WITH THE FISCAL COURT OF bIcCRACKEN COUNTY WHEREAS. the City of Paducah applied for the 2013-14 Edward Byrne Memorial Grant Award through the U.S. Department of Justice by Municipal Order No. 1726 adopted on June 1 I , 2013, for purchase of various support materials and equipment: and WHEREAS, the City of Paducah, entered into an Interlocal Agreement on July 7. 2013, with the County of McCracken, Kentucky, as required by the U. S. Department of Justice, to remain in partnership with our local disparate jurisdiction even though the City of Paducah is the sole and authorized individual allocation: and WHEREAS, the U. S. Department of Justice has approved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L The City of Paducah hereby approves the execution of an on-line grant agreement, and all documents relating thereto, with the U. S. Department of Justice for a 2013-14Edward Byrne Memorial Justice Accountability Grant. in the amount of $13,382, to be used by the Paducah Police Department to purchase a variety of necessar) support equipment. No local match is required. SECTION 2. The City hereby approves the ratification of an Interlocal Agreement between the City and County for the agreement approved in Section I above. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mu}or ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. September 17, 2013 Adopted by the Board of Commissioners. Recorded by Tammara S. Sanderson, City Clerk. Published by the Paducah Sun. \ordip1W antipolice- 2013 Justice Assistance Edward Byrne Agenda Action Form Paducah City Commission Meeting Date: 9-17-13 Short Title: Tower Option and Lease Amendment #2 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Kyle, Jamey Spears Presentation By: Jeff Pederson, City Manager Background Information: The City owns and operates a radio tower beside Paducah -McCracken Co E- 9 t t that serves as the antenna for the City radio system. As a part of owning that tower, we lease space on it to private contractors for the operation of their equipment providing that it does not interfere with the operation of the City's radio system. The amendment before you is for New Cingular to install new equipment onto the tower and increase our subsequent monthly lease payments by $450.00. The private contractor has conducted an third party assessment of the tower to ensure that their equipment will not endanger the structural stability of it and has confirmed that it wilt not. Paducah -McCracken E -9I I also has no problem with the installation of the equipment since it will not interfere with the radio system. It is recommended to proceed with the amendment. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account Number: q 13a&tnce Staff Recommendation: Proceed with approval of amendment #2 to existing Tower Option and Lease Agreement. Attachments: Amendment #2 Department Head City Clerk City Manager ORDLN.kNCE NO. ?013- - AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY, APPROVING THE SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREFNIENT BY AND BETWEEN THE CITY OF PADUCAH AND NEW CiiIGULAR WIRELESS PCS, LLC SUCCESSOR IN INTEREST TO BELLSOUTH MOBILITY LLC TO ALLOW ADDITIONAL ANTENNAS AND RELATED EQUIFVfENT ON A PORTION OF THE 800 MHz TOWER LOCATED AT 510 CLARK STREET. PADUCAH, MCCRACKEN COUNTY, KENTUCKY WHEREAS. the City of Paducah and New Cingular Aft Bless PCS. LLC. (or its affiliate or predecessor - in -interest) entered into an Tower Opdt3n and Lease Agreement dated October 15, 2001 and Amendment to Tower Option and Lease Agreement dared November 12, 2001 for certain Premises, therein ccscribed, that are a portion of the Property located at 5 10 Clark Street Paducah, Kentucky 42003; and WHERAS, the City and New Cingular desire to amend the Agreement to allow for the installation of additional antennas, associated cables aid associated communication equipment; and WHEREAS, the City and New Cingular desire to adjust tkte rent in conjunction with the modifications to the Agreement contained hereirt; and WHEREAS, the City and New Cingular desire to aniced the Agreement to modify the notice section thereof; and WHEREAS. the City and New Cingular in their mutual interest, wish to amend the Agreement. NOW THEREFORE, BE IT ORDAINED BY THE CITY CONINIISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hertby approves the Second Amendment To Tower Option and Lease Agreement among the City and New Cingular Wireless PCS. LLC successor in interest to BellSouth Mobility, LLC, (the "Second Amendment") 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 interests of the City to enter into the Second Amendment for the purposes therein specified, and the execution and delivery of the Second Amendment is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Second Amendment, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Second Amendment with such changes in the Second Amendment aat inconsistent with this Ordinance 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 charges by said official. and that such are not substantially adverse to the City. shall be conclusively evidenced by the e.recution of such Second Amendment by such official. Section 2. Severability. If any section, paragraph orl3rovision 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 any of the remmining provisions of this Ordinance. Section 3, Compliance With Open N-leetings 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 all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section T. 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 Ordinmtce shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter lid. ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioner, September 17 Adopted by the Board of Commissioners, Recorded by Tammara S. Sanderson. City Clerk, Published by The Paducah Sun, \ord\ao ee-amdn 42 to cell tower 2013 MAYOR EXHIBIT A TO ORDINANCE Market: Tennessee/Kenluckv Cell Site Number F.V3125 Cell Sue Name: Paducah Fob town Hein Fired Aesct Number: 10019949 SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT THIS SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between the City of Paducah, having a mailing address of 300 South 5`s Street, Paducah, KY 42002-2267 ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company; successor in interest to Bell�outh Mobility LLC, having a mailing address of Suite 13-F West Tower, 575 Morosgo Drive, "Atlanta, GA 30324 ("Tenant"). WHEREAS, Lessor and Tenant (or its affiliate or predecessor -in -interest) entered into an Tower Option and Lease Agreement dated October 15, 2001 and an Amendment to Tower Option and Lease Agreement dated November 12, 2001 for certain Premises, therein described. that are a portion of the Property located at 510 Clark Street, Paducah, Kentucky 42003 (collectively, the "Agreement"); and WHEREAS, Lessor and Tenant desire to amend the Agreement to allow for the installation of additional antennas, associated cables and associated communication equipment; and WHEREAS, Lessor and Tenant desire to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Lessor and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Lessor and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW' THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Tenant agree as follows: L Antennas and Equipment. Lessor consents to the installation and operation of the proposed antennas, associated cables and equipment -as -more completely described on attached Exhibit A- I. Lessor's execution of this Amendment will signify Lessor's approval of Exhibit A -l. Exhibit A -I hereby supplements Exhibit A to the Agreement. 2. Rent. Commencing on the first day of the month following the date that Tenant commences construction of the modifications set forth in this Amendment, Rent shall be increased by Four Hundred Fifty and No/100 Dollars ($450.00) per month, subject to further adjustments as provided in the Agreement. 3. Notices. Section 21 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. IF to Tenant: AT&"f Network Real Estate Administration Re: FA No: 10019949 Suite 13-F West "fewer Morosgo Drive N C Atlanta, GA 30324 With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal Department: AT&T Legal Department - Network Attn: Network Counsel Re: FA No: 10019949 208 S. Akard Street Dallas, TX 75202-4206 If to Lessor: City of Paducah 300 South 5h Street Paducah, KY 42002-2267 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the Agreement otherwise is unmodified and remains in Full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment. 5, Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Second Amendment on the dates set forth below. "LESSOR" City of Paducah 13y: Name: Title: Date: STATE OF KENTUCKY ss: COUNTY OF MCCRACKEN On the __ day of August, 2013 before me personally appeared of the City of Paducah and acknowledged under oath that he is the Lessor named in the attached instrument and that he executed the same as a voluntary act and deed of the Lessor for the purposes therein contained Notary Public: My Commission Expires: "TENANT" New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: --� Name: Terry R. Kilgore Title: Area Manager Real Estate and Construction Date: q `t LC ` , q T— STATE OF GEORGIA ) )ss: COUNTY OF FULTON ) SZPt,Mb W On the I ()L+ day of Augast, 2013 before me personally appeared Terry R. Kilgore , and acknowledged under oath that he is the Area Manager—Real Estate and Construction of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: -7 oN My Commission Expires: Market TenncssccJKentucky Cull Site Number FV3125 Cult Site Name: Paducah Duwnlmm Relo Fixed Asset \lumber 10019949 Exhibit A-1 L Six (6) Andrew DBXLH-9090C Panel Antennas (or equivalent) 2. Twelve (12) Andrew ETD819G-12UB Tower Mounted Amplifiers (or equivalent) J. Twelve (12) 1-5/8" Coaxial Cables 4. Three (3) Andrew SBNH-1D6565C Panel Antennas (or equivalent) 5. Three (3) Kathrein KRCI 18048-1 Panel Antennas (or equivalent) 6. One (1) Andrew ATJ8200-A01-007 Junction Box 7. Six (6) Ericsson RRUS-I l (Band 12) Radios (or equivalent) 8. Two (2) Raycap DC6-48-I6-18-8f Surge Suppressors 9. Two (2) 3/4" Power Cables W. One (I) 3/8" Fiber Cable 11. One (I ) 3/8" RET Control Cable Agenda Action Form Paducah City Commission Meeting Date: September 17, 2013 Short Title: MOU FOR ECONOMIC INCENTIVES TO SUPERIOR CARE ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: • Superior Care proposes to develop and relocate their corporate offices and senior long-term care and short-term rehabilitation facilities to a tract of property located in the Paducah Commerce Park (f/k/a Information Age Park) • This project will expand the tax base, reduce unemployment by retaining 115 jobs and creating 25 new jobs and investing $10 million • In order to induce this project, the City has agreed to enter into an MOU setting forth the fact that the City will give Superior Care a cash grant in the amount of $20,000 as an economic incentive for sewer tap -on fee. Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods g El Restored Downtowns Funds Available: Account Name: Investment Fund — Reserve For Economic Development Incentives Finance Account Number: 004-0401-536-2307 Staff Recommendation: Approve an MOU and Ordinance granting Superior Care the sum of $25,000 for sewer tap -on fee. Attachments: Memorandum of Understanding Ordinance Department Head City Clerk City Manager ORDINANCE NO. _01l - AN ORDFNANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A i1JE4IOR.ANDU%,1 OF UNDERSTANDINGIVG FOR ECONO11V!1C INCENTIVES TO SUPERIOR CARE HOMES, INC. TOWARD SEWER TAP ON FEE FOR THE RELOCATION OF CORPORATE OFFICES AND REHABILITATION FACILITY TO THE PADUCAH COLMMERCE PARK AND ,AUTHORIZING TFIE N11AYOR TO EXECUTE SAID NIE�IORANDU`vt OF UNDERSTANDING WHEREAS, Superior Care proposes to deNelop and relocate their corporate offices and senior long-term care and short-term rehabilitation facility (the "Project") to a certain 31.22 acre tract of real property located at 100 Marshall Court within the: Paducah Commerce Park (formerly known as lnformation Age Park) within the boundaries of the City- of Paducah. McCracken County. Kentuck; ; and WHEREAS, the Project will have a positive impact ortdhe entire community by stimulating the local econom), expanding the tax base, reducing unemployment by retaining I l5 jobs. creating 25 netivjobs, and im esting S 10 million; and WHEREAS, the City strongly support the location of the Project in Paducah, McCracken County, Kentucky; and WHEREAS, in order to induce the acquisition, construction, installation, and equipping of the Project by Superior Care the City has agreed to provide certain economic incentives to Superior as provided in this iiMOU For purposes of delra�ing the costs of acquiring. constructing, installing, and equipping the Project; and WHEREAS, it is deemed necessary and advisable that this ,IOU be entered into by the parties setting forth their agreement with respect to the acquisition, construction, installation, and equipping of the Project and the economic incenti%cs to be provided to partially defray the costs thereof; and WHEREAS, the economic incentives to be provided to Corporation are in contorrnit�, with the "Guidelines For Prokidin4 Economic Incentives to Qualified Projects Located Within the Boundaries of the Cityof Paducah" prey iously adopted by Municipal Order No. 1033. BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECTION 1. The Board of Commissioners does hereby appro%e the terms of the Memorandum of Understanding beMeen the Cit} and Superior Care Homes, Inc., %%hich defines the Cit,,'s commitment to give a cash grant in the amount of 520.000,00 as an economic incentis e for se\%cr tap -on fee. In accordance %0th such appros al. the Mayor of the City is hereb\ authorized and directed to enter into a Memorandurn of Understanding , -t ith Superior Care Homes. Inc., %0ich sets forth the terms of the Cit\ 's commitment %%Ilh regard to economic incenti%es. SECTION 2 These funds shall be appropriated from the Inv esunent Fund - Reserve For Economic Development Incentives (004-0401-536-2307). SECTION 3 Severability. [Can) section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidiq or unenforceability of such section, paragraph, or provision shall not affect an} of the remaining prox isions of this Ordinance. SECTION 4. Compliance With Onen bteetines Laws. The Cir Commission hereby rinds and determines that all formal actions relative to the adoption of this Ordinance dere taken in an open meeting of this City Commission, and that all deliberations of this CitN Commission and of its committees, if any, which resulted in formal action. were in meetin_es open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions. orders or parts thereof in conflict vkith the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the pro\isions of this Ordinance shall prevail and be gi\en effect. SECTION 6 Effectixe Date, This Ordinance shall he read on neo separate dads and will become effective upon sumnraq publication pursuant to KRS 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. September 17, 2013 Adopted by the Board of Convnissioners. Recorded by Tammara S. Sanderson. City Clerk. Published by The Paducah Sum, '.ord'incemives mou-superior care MEMORANDUM OF UNDERSTANDNG This is an MEMORANDUM OF UNDERSTANDING (MOU) between SUPERIOR CARE HOMES, NC., a Kentucky corporation ("Corporation'), with a principal mailing address of 3 t00 Clay Street, Paducah, Kentucky 42001; and CITY OF PADUCAH, KENTUCKY ('City"), with a principal mailing address of Post Office Box 2267, Paducah, Kentucky 42002- 2267. WHEREAS, Corporation proposes to develop and relocate their corporate offices and senior tong -term care and short-term rehabilitation facility (the "Project') to a certain 21.22 acre tract of real property located at 100 Marshall Court within the Paducah Commerce Park (formerly known as Information Age Park) (the "Property"), within the boundaries of the City of Paducah, McCracken County, Kentucky; and WHEREAS, the Project will have a positive impact on the entire community by stimulating the local economy, expanding the tax base, and reducing unemployment; and WHEREAS, City leadership strongly supports the location of the Project in Paducah, McCracken County, Kentucky; and WHEREAS, in order to induce the acquisition, construction, installation, and equipping of the Project by Corporation, City has agreed to provide certain economic incentives to Corporation as provided in this MOU for purposes of defraying the costs of acquiring, constructing, installing, and equipping the Project; and WHEREAS, it is deemed necessary and advisable that this MOU be entered into by the parties setting forth their agreement with respect to the acquisition, construction, installation, and equipping of the Project and the economic incentives to be provided to partially defray the costs thereof; and WHEREAS, the economic incentives to be provided to Corporation are in conformity with the "Guidelines For Providing Economic Incentives To Qualified Projects Located Within The Boundaries Of The City of Paducah" previously adopted by City as approved by Municipal Order No. 1035; and Now, THEREFORE, Corporation and City agree to the following: A. Commitments of Corporation. In consideration of the public incentives being provided to the Project, Corporation agrees as follows: Construct, install and equip, at its sole cost and expense, the Project located at 100 Marshall Court as generally depicted on the Proposed Site Development Plan prepared by Johnson Early Architects, on the Property within twenty-four (24) months of December 30, 2012. 2. Invest over $10 million in the construction, installation, and equipping of the Project within twenty-four (24) months of December 30, 2012. 3. Assume operation of the Project by the relocation of 115 current employees to the Project and the employment of 25 new full-time employees at the Project (which employees shall earn wages at an average hourly rate of S 15.00), and paying all license fees as defined under Article IV of the Paducah Code of Ordinance, Section 106-183 within thirty-six (36) months of December 30, 2012. Corporation will withhold and report such taxes and fees to the City, 4. All new employees hired as a result of this Project shall receive a competitive benefits package. 5. To obtain and maintain all licensing, permitting and certification requirements For the lawful construction, installation, and equipping of the Project and the operation of the Project including but not limited to, all City development, zoning, building code ordinances and policies, and all other federal, state and local applicable laws and regulations (collectively, `Governmental Permits'). 6. Construct, install, equip, and operate the Project in conformity with all applicable federal state and local laws and regulations. 7. To relocate, at its sole cost and expense, all utility lines and facilities necessary for the construction and installation of the Project. 8. To promptly pay when due all real and/or personal property taxes; charges for utilities, and other services rendered or used in or about the Project; including without limitation any and all federal, state, county, city, and municipal governmental and quasi -governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which are assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, the Project or any personal property or equipment used in the operation thereof. Corporation understands, acknowledges and agrees that the Property is being conveyed subject to, but not limited to, the covenants, conditions, easements and restrictions for the Information Age Park Subdivision (the "IAP Covenants and Restrictions'). The IAP Covenants and Restrictions shall apply to and run with the Property being conveyed and Corporation and all successive future owners and occupants are fully and completely bound thereby. 10. Corporation covenants and agrees that no outside storage of products or parts of any kind will be permitted on the Property. In addition, no on -street vehicle loading shall be permitted. This restriction shall be a covenant running with the Property and Corporation and all successive future owners and occupants of the Property are fully and completely bound hereby. I l . Corporation agrees that all parking areas and internal roadways serving the Project shall be a hard surface in accordance with the IAP Covenants and Restrictions. 12. Provide to the City at its sole cost and expense, written reports reasonably satisfactory to the City of the Corporation's progress in satisfying the capital investment and employment goals committed herein. Such progress reports shall be provided within 12, and 24 months from December 30, 2012 and at any other time(s) as the City, in its sole discretion. Such reports shall be certified as accurate by the Corporation. The City reserves the right to require any reasonable verification procedures or process. All progress reports are to be submitted to the Paducah City Nlanager's office. S. Commitments of City. In consideration of Corporation's obligation to undertake the Project in accordance with this MOU, City agrees as follows: 1. City shall provide a cash grant up to $20,000.00 to Corporation to defray- the cost of utility infrastructure at the site. Payment to be provided within 30 days of written evidence of expenses by the Corporation to the City for such costs. 2. City agrees, to the extent permitted under applicablc law and without compromising public health, safety and welfare, take reasonable actions (subject to the City's rules and regulations and applicable lave) to facilitate the construction and installation of the Project. C. Recapture: The parties agree that City may recapture its investment in the project under the following circumstance: If Corporation fails to meet the covenanted employment levels set forth in paragraph A. 3, it will fully reimburse the City for the cash grant. The aforesaid reimbursement shall include interest at N.Y. prime, as published in the Wal I Street Journal, on the date of the receipt of the grant money from the City. Notwithstanding the foregoing, the City may, at its sole discretion: (a) seek only a pro rata reimbursement based on employment actually achieved, or, (b) waive any reimbursement. The rights and remedies of the City available thereunder are in addition to and not a limitation of any rights, and remedies, otherwise imposed or available by law or equity. D. Miscellaneous .Provision. This MOU represents the entire understanding and MOU reached between the parties, and all prior covenants, agreements, and presentations ,are merged herein. This MOU shall be fully binding upon the parties hereto and shall be deemed fully enforceable in accordance with the terms and provisions hereof. Corporation not shall assign this IN/10U without first obtaining the written consent of City, which written consent shall be within City's sole discretion. Any attempted to assign or transfer this MOU without such prior written consent shall be void and shall confer no rights upon any third party. There is no third party beneficiary to this MOU, and the provisions of this MOU shall not impart rights enforceable by any person or entity other than the parties. if any provision of this MOU shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this MOU than can be given affect without the invalid provision, and, to this end, the provisions hereof are severable. Each party herein shall be responsible for its own professional fees, costs, charges and expenses. This document shall, in all respects, be governed by the taws of the state of Kentucky. Venue shall be with the McCracken Circuit Court. This MOU may not he modified or amended unless by writing signed by both parties hereto. All times referred herein shall be strictly construed, as al I of such times shall be deemed of the essence. This MOU may be executed simultaneously or in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. All notices provided for herein will be in writing and addressed to the parties at the addresses as rcference-d above. E. Effective Date. This MOU shall not become effective and binding until fully executed and delivered by all parties hereto and approved by duly adopted ordinances or motions by the Paducah City Commission (the Effective Date"). fFor signatures see next page.1 IN WITNESS WHEREOF, the parties hereto have set their hands. SUPERIOR CARE HOMES, INC. By: Title: Date: CITY OF PADUCAH, KENTUCKY By: Title: Date: