No preview available
HomeMy WebLinkAboutCCMPacket2014-07-22ROLL CALL INVOCATION CITY COMMISSION MEETING AGENDA FOR JULY 22, 2014 3:30 P.M- CITY HALL COYIMISSION CHAMBERS 300 SOUTH FIFTH ST PLEDGE OF ALLEGIANCE -Kyle Johnson - Student at St. Mary High School ADDITIONS/DELETIONS PRESENTATIONS: 1) McCracken County Humane Society Pals & Paws Day Camp- KYLE JOHNSON 2) Police/Fire Fighters' Pension Fund - Leon Dodge I. MINUTES 1 JI It. APPOINTMENTS A. Paducah-ivleCracken County Joint Seteer Agency B. Municipal Housing COnitillssion C. Paducah -McCracken County Riverpoc Authority IH. MOTIONS A. R & F Documents IV. INIUNICIPAL ORDERS A. Personnel Actions B. Approval of Assignment and Reaffirmation ,agreement for Genova - CITY MGR V. ORDINANCES -ADOPTION A. 2014 Law Enforcement Service Fee Grant Award -POLICE CHIEF BARNHILL VI. ORDINANCES — INTRODUCTION A. Authorize an Agreement for Engirnecring Design Services Related to Revisions of the Riverfroat Phase 1-B Project - R. MURPHY B. KLC Premiums for Liability, Workers' Compensation and Property Insurance - C. NIEDFORD C. Approve Intent to Annex 2711 New Holt Road — S. ERVIN D. Upper Story Residential Grant — S. ERVIN E. Amend Ordinance for Highway Safety In'text'icated Mini -Grant — S. ERVIN F. Approve Execution of Documents to Settle Estate for Property Located at 5065 Concord Avenue— CITY MGR PEDERSON VII. CITY MANAGER REPORT VIII. IWAYOR & COMMISSIONER COMMENTS IX. PUBLIC CONINIENTS X. EXECUTIVF. SF,SSION JL \E 21,21)14 At a Regular Meeting of the Board of Conirnksioners. heli) on Tuesday. jUlle _-t, 2014, at 5 a) p.nh., in the Commission Chambers of City Hall located it 300 South 5th Street. \Cruor Kaler presided. and upon call of the roll b) the Cit% Clerk, the followinz ansutred to heir names: Commissioners Abraham. Gault. Rhodes. Nilson and Mayor Ka 1er Si. ADDITIONS/DELETIONS The City Manager asked that Item VII(F), .approving Lease and Rool%ine Loan Credit Agreement with Genova Products. Inc.. for the Property Located at 5400 Commissioner Drive be removed from the agenda. Commission ,:onctirred. UPDATE ON LO6 ER MvVN ARTS & MUSIC FESTIVAL Co-chairs of the Lower Town .arts & Music Festival Michael and Victoria T rra thanked the Commission for its Support and sponsorship for another successful went, This year's event %%a�. Friday and Saturday only. NIINL'TES Commissioner Abraham offered motion, seconded by Commissioner Gault. that the reading of the Minutes for the June 10, 2014. City Commission meetin, be %vaived and that the Minutes of said meetings prepared by the City Clerk he approved as written. Adopted on call of the roll. yeas. Commissioners Abraham. Gault. Rhodes. Wilson and %,Ia\or Kaler (5). APPOINTMENTS PADL:CAH-McCRACKEN COUNTY SENIOR CITIZENS BOMW Mayor Kaler made the following appointment uid reappointment: "Whereas. Subject to the approval of the Board of Commissioners. I hereby appoint Melody LCCornu to the Paducah- McCrackent County Senior Citizens Board to replace Sadona Withrow Gra% whose term has expired. This tern) shall expire June 30, 301?: and Whereas, subject to the approval of the Board of Commissioners. I hereby reappoint Sherline Holland Cooper and Jay M. Collins to the Paducah -McCracken County Senior Citizens Board. These terms shall expire June 30, 301 T Commissioner Gault offered motion, seconded by Commissioner Abrahanh, that the Board of Commissioners approve the action of Mayor Kaler in appointing Melody LeCornu and reappointing Sherline Holland -Cooper and Jay Collins as members of the Paducah -McCracken County Senior Citizens Board. Adopted on call of the roll. yeas. Commissioners Abraham, Gault. Rhodes. Nilson and Mayor Kaler (5). MOTIONS R & F DOCL—NIENTS Commissioner Rhodes offered motion. seconded by Commissioner Nilson. that the following bids and documents be received and filed: 1. Certificate of Liability Insurance for Hayden Construction Company 2. Right of Way Bond for S.C. Development, LLC. 3. Deed of Conveyance for 3400 Olivet Church Road for the Oli%et Church Road Improvement Project ('1-10 # 1775) 4. Quitclaim Deeds for the closing of a portion of Ridgewood Street between Topeka A%enue and Olympia Avenue (ORD 3014-05-8148) a. Charles & Linda Hayden b. David & Kristie Stuber c. Ron & Shirley Hagan d. Higdon Development. Inc. S. Commissioner's Deeds: a. 433-435 North 4'° Street b. I 115 North l2h Street c. 151 Clements Street 6. Contracts/Agreements: a. Chane Order # I with A&K Construction for the Tele Tech Call Center Project (OW # 2014-06-3152) J[.\E -'a. 2014 b. .agreement with Yourtghlood Eeca%atin2 & Contracting. LLC for Noble Park Lake Bank Stabilization Project (ORD 4 2014-06-`;149) Official Statement for the 2010 Build America Bond GOB :> refinanced in May 2014 — Series 2014A (ORD 4 2011-0S-3110 Paducah Works Financial Highlights and Balance Sheets for \[ay Z June 2014 BIDS FOR ENGINEERING -PUBLIC WORKS DEPARTMENT FIRE STATION kl GENERATOR PROJECT 1. Nichols Electric Co.. LLC* 2. Story Electrical Service. Inc. PROPOSALS FOR PLANNING DEPARTMENT 433-435 NORTH 4'h STREET I . Matin & Crystal Trouts ?. ETC Development. LLC x denotes winning bid denotes recommended proposal Adopted on call of the roll, yeas. Commissioners Abraham. Gault. Rhodes, Wilson and \Mayor Kaler (5). DISCUSSION OF PROPOSALS SUBMITTED FOR 133-435 .NORTH 4TH STREET Planning Director Steve Ervin presented a surnmary of two proposals received for development of 433-433 North 1'h Street. Details are as follows in an excerpt fron the City Commission Meeting Highlights prepared by Public Information Officer Pam Spencer. Approval of Sale of Property Located at 433-435 North 0' Street Earlier this month the City published a request for proposals (RFP; for the city -owned surplus property located at 433-435 North 4`h Street in Paducah'sHistorical Neighborhood Zone (H-2 Zone). The City acquired this property in February at a Master Commissioner's Sale. The two-story 3744 square -foot brick structure built around 1867 originally was a four unit rental home, but recently, it had been converted into eight apartments. The structure needs significant repairs, and the Cityhas approval from HARC (Historic & Architectural Review Commission) for demolition. In the RFP process, two proposals were submitted. Planning Director Steve Ervin provided an overview of the two proposals. Chad Beyer of ETC Development, LLC submitted a bid offering 51000 for the property. He proposed to invest $275,000 to renovate the structure into four apartments while preserving the historical integrity of the building. The other proposal is from Martin and Crystal Troutt. They submitted a bid offering S1 for the property and propose to demolish the building. After demolition, they would invest 5254,000 in the construction of Troutt General Store and Market. They also are interested in acquiring the adjacent lot at 427 North 4"Street. Ervin says both proposals are solid. After discussion, the Commission approved a municipal order with a split vote (Mayor Gayle Kaler and Commissioner Allan Rhodes voting no) to accept the proposal by Martin and Crystal Troutt for the demolition of the building and the construction of a general store. Mayor Kaler says, "We have two great offers here. I feel it's important to keep the historic structure." Commissioner Sandra Wilson says, "I generally don't like to tear down buildings, but what you (Martin and Crystal Troutt) propose would be such a benefit." Martin Troutt says they researched the option of converting the structure into the store, but the rehabilitation did not appear to be feasible. .NILNICIPAL ORDERS APPROVE SALE OF PROPERTY LOCATED AT 433-535 NORTH 4r" STREET TO THE TROUTTS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled. "A MUNICIPAL ORDER .ACCEPTING THE PROPOSAL OF MARTIN .AND CRYSTAL TROUTT IN THEA MOUNT OF S I FOR PURCHASE OF THE REAL PROPERTY LOCATED AT 433-435 NORTH 4rtt STREET .AND .AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR SAXIE." be adopted. .adopted on call of the roll. yeas, Commissioners Abraham. Gault and Commissioner Wilson Nays. Commissioner Rhodes and l4(ayor Kaler (2). M.O. 1773: BK9 JUNE -14. `i)I3 APPROVE SALE OF PROPERTY- LOCATED AT 133-535 NORTH 4" STREET TO ETC DEVELOPNIENT (LOST ON CALL OF THE ROLL) Commissioner Wilson offered motion. seconded by Commissioner Rhodes. that a Municipal Order entitled. "A MUNICIPAL ORDER .ACCEPTING THE BID OF ETC DEVELOPMENT IN THE AMOUNT OF 31.000 FOR PURCHASE OF THE REAL PROPERTY" LOCATED AT 433-435 NORTH 4rH STREET AND AUTHORIZING THE MAYOR 1-0 EXECUTE A DEED FOR SAME." be adopted. LOST on call of the roll, nays. Commissioners .Abraham. Gault and Filson 131. Yeas. on call of the roll. Commissioner Rhodes and �%Iavor Kaler (2). KOHS 2014 PADUCAH POLICE DEPT. EMERGENCY GENERATOR PROJECT Commissioner Abraham offered motion, seconded by Commissioner Gault. that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE �1.AYOR TO EXECUTE A GRANT ,APPLICATION .AND .ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY FOR FENDS IN THE :AMOUNT OF 373.000. FOR THE PADUCAH POLICE DEPARTMENT EMERGENCY GENERATOR PROJECT," be adopted. Adopted on call of the roll, yeas. Contntissioners ,Abraham. Gault, Rhodes. Wilson and flavor Kaler (5), ivLO. 1779: BK 9 AUTHORIZING ADVERTISEMENT FOR SALE OF REFLNDENG/REFINA,NCING BOND 2014B FOR POLICE AND FIRE FIGHTER PENSION FUND U-NiFUNDED LIABILITY Commissioner Gault offered motion, seconded by Commissioner Allraham. that a Municipal Order entitled, ''yIUNICIPAL ORDER :APPROVING TIE ADVERTISEMENT FOR BED AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENTFOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY T.A,'K,ABLE GENERAL OBLIGATION REFUNDING BONDS. SERIES 2014B (POLIC AND FIREFIGHTERS PENSIONPL.AN) IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROX13 fATELY S-1.230,000:' be adopted. Adopted on call of the roll. yeas. Commissioners .Abraham. Gault. Diodes. Wilson autd &layor Kaler (5). INI.O. 1730: BK 9 APPROVE FY2015 POSITION AND PAY SCHEDULE TABLE Commissioner Rhodes offered motion, seconded by Commissioner Ivilson. that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING THE FY204-2015 POSITION .AND PAY SCHEDULE FOR THE FULL-TIME E,WPLOYEES OF THECITY OF PADUCAH, KENTUCKY." be adopted. Adopted on call of the roll, yeas, Commissioners .Abraham. Gault. Rliodes. Wilson and Mayor Kaler (5). 1I.O. 1731: BK 9 ORDINANCES — ADOPTION :APPROVE FY2015 BUDGET Commissioner Nilson offered motion, seconded by Commissioner Rltodes, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ,ADOPTING THE CITY OF PADUCAH. KENTUCKY. ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1. 2011, THROUGH JUNE 30. 2015. BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GON ERNMENT," This ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July I. 2014, through June 30. 2015, by estimating revenues and resources and appropriating funds for the operation of City Government at S67.853,3 13, and summarized by fund as follows: FUNDS APPROPRIATIONS GENERAL $33,185,160 MAP 1,639,200 INVESTMENT 5,312,390 IL NE 24, 2014 CDBG 1.250,000 E911 1,684,035 COURT AWARDS 25,750 DEBT 3,173,080 CEP 7,664,2S0 SOLID WASTE 4,912,565 CIVIC CENTER 81,725 RENTAL 134,920 RADIO DEPR 126,940 FLEET 545,905 FLEET TRUST 1,824,200 SELF INSURANCE 1,020,495 HEALTH INS 3,771,700 AEPF/PFPF/TRSTS 1,506,500 567.858.815 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Modes, Wilson and %-favor Kaler (5). ORD.#2014-6-815: BK 33 AUTHORIZE PAYMENT TO PRECISION MACHINES FOR THE REPAIR OF PL.NIP NL,•IBER 2 LOCATED AT FLOODWALL PUNIP STATION \L1IIBER 2 AT 1.116 NORTH 6Tut STREET Commissioner Abraharn offered motion. seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY FOR THE EMERGENCY REPAI[ZITOTAL RECONSTRUCTION WORK TO THE NUMBER 2 PUhIP LOCATED AT FLOODWALL STATION #2, 1416 NORTH 6 T1 STREET AND TRANSFER FUNDS IN THE A)YIOUNT OF S134.673.00 FROM VARIOUS ACCOUNTS FOR PAYMENT." This ordinance is summarized as follows: The Finance Director is hereby authorized to pay Precision Machine. Inc., in the amount of S 134.673.00 for the emergency repair/reconstruction of the Number 2 Pump located at Floodwall Station#2, 1416 North Ch Street. Furthermore, the Finance Director shall transfer funds from the accounts listed below to the Floodwall Repairs[Upketp Property/Plant Account for the payment authorized : $ 50,000 from the Commission Contingency S 23,500 from the Administrative Contingency 61.173 from the Engineering -Public Works residual operational accounts $134,673 = Total Funds to be Transferred Adopted on call of the roll, yeas, Commissioners Abraham. Gault, Rhodes, Wilson and Mayor Kaler (5). ORD.02014-6-8166: BK 33 CONTRACT FOR SERVICES WITH PADUCAH--N[cCRACKEN COUNTY CO\VENTION AND VISITORS BUREAU 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 CONTRACT WITH THE PADUCAH-NACCRACKEN COUNTY CONVENTION AND VISITORS BUREAU FOR SPECIFIC SERVICES," This ordinance is summarized as follows: The Mayor is hereby authorized to execute i ,:ontract with the Paducah- i\dcCracken County Convention and Visitors Bureau in the amount of $25.000 to be used for 1L \E _24, 2014 marketing and promoting events and venues related to the 2014 Am. -ricin Quilters Societ% Shoe. This contract shall expire June 30. 1-014. .adopted on call of the roll, yeas, Commissioners Abraham. Gault. Rhodes. Wilson and Mayor Kaler(i1. ORD.#2014-6-815 BK 33 ORDINANCES - INTRODUCTION 2005 POLICE & FIRE FIGHTER PENSION BOND REFINANCING Commissioner Rhodes offered motion, seconded by Commissioner Nilson. that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY AUTHORIZING THE iSSUANCE OF CiTY OF PADUCAH. KENTUCKY TAXABLE GENERAL. OBLIGATION REFUNDING BONDS SERIES 20146 (POLICE AND FIREFIGHTERS PENSION PLAN) IN THE AGGUGATE PRINCIPAL AIMOUNT OF $4.230.000 (SUBJECT TO A PERMITTED ADJUSrYIIENT INCREASING OR DECREASING THE SIZE OF SAiD BONDS BY UP TO 5425,000), FOR THE PURPOSE OF REFUNDING IN ADVANCE OF MATURITY A PORTION OF THE OUTSTANDING CITY OF PADUCAH. KENTUCKY TAXABLE GENERAL OBLIGATIDN BONDS (POLICE .-\ND FIREFIGHTERS PENSION PLAN), SERIES 2005: AUTHORIZING AN`D APPROVING THE ENGAGEMENT OF THE FINANCIAL ADVISOR AND BOND COUNSEL IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS: APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING FILINGS WITH THE STATE LOCAL DEBT OFFICER AND DEPARTMENT FOR LOCAL GOVERNN(ENT: PROVIDING FOR THE PAYNIENT AND SECURITY OF THE BONDS: CREATING A BOND PAYMENT FUND: LIAINTAINING THE HERETOFOREESTABLISHED SINKING FUND: AUTHORIZING ACCEPTANCE OF THE BiD OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS: AND REPEALING INCONSISTENT ORDINANCES". This ordinance is summarized as follows: This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2014B in the approximate principal amount of $4.230,000 (the "Bonds") by the City of Paducah, Kentucky (the "City"), The Bonds are to be issued for the purpose of refunding in advance of maturity a portion ofthe outstanding City of Paducah. Kentucky Taxable General Obligation Bonds (Police and Firefighters Pension Plan), Series 2005 (the "Prior Bonds"), the proceeds of which were used tofurtd unfunded tiabilities in the City's police and firefighters pension fund the "Pension Fund"). 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 a Bond Payment Fund; for the maintenance of the previously established sinking fund: and for certain covenants of the City with respect to the Bonds. The Bonds are to be sold at public, competitive sale, and shalln►ature, or be subject to mandatory sinking fund redemption, in varying amounts on November I of each of the years 2014 through 2025. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of. and interest on the Bonds, subject to certain credits, as provided in Section 8 of the Ordinance. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: "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 and revenue of the City are hereby pledged for the prompt payment thereof. During, the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, in addition to all other taxes. without limitation as to rate. a direct tat 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 hereby ordered computed. certified. levied and extended upon the tax duplicate and collected by the sarne officers in the same manner and at the same time that taxes for general purposes for each of said years are certified. extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof provided, however. that in each year to the extent that the other lawfully available funds of the City are available for the payment of the 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 funds so available and appropriated.' INDUSTRIAL BUILDING REVENUE BOND FOR THE CONSTRUCTION OF THE HOTEL Commissioner Wilson offered motion. seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled. "AN ORDINANCE AUTHORIZING THE 1CNE _4. 2014 ISSUANCE OF UP TO y10.500,000 INDUSTRIAL BUILDING REVENUE BONDS, SERIES '01.1 (PADUACH CONVE;VTiON HOTEL, LLC PROJECT) OF THE CITY OF PADUCAH. KENTUCKY. THE PROCEEDS OF WHICH SHALL BE USED TOP.AV THE COSTS OF THE .ACQUISITION. CONSTRUCTION. INSTALLATION .AND EQUIPPING OF .AN INDUSTRIAL BUILDING SUITABLE FOR USE AS A HOTEL. TOGETHER WITH .ALI. RELATED ,AND SUBORDINATE FACILITIES NECESSARY TO TINE OPERATION THEREOF, TO BE LOCATED WITHIN THE CITY OF PADUCAH, KENTUCKY..AND LEASED TO PADUCAH CONVENTION HOTEL, LLC: PROVIDING FOR THE PLEDGE OF REVENUES FOR THE PAYMENT OF SUCH BONDS: AUTHGRIZING A LEASE AGREEMENT APPROPRLATE FOR THE PROTECTION ,AND DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE SUCH BONDS; AUTHORIZING A BOND PURCHASE AGREEMENT, NIORTGAGE. PAYMENT iN LIEU OF TAXES .AGREEMENT .AND .ASS IGNMENTS: AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS." This ordinance is summarized as follows: This Ordinance (the "Ordinance") authorizes the issuance of Industrial Buildin; Revenue Bonds. Series 2014 (Paducah Convention Hotel, LLC Project), in an aggregate principal amount not to exceed S 10.500.000 to finance the costs of the acquisition. construction, installation and equipping of a building suitable for ttse as a hotel, to be located within the City of Paducah. Kentucky and to be leased to Paducah Convention Hotel, LLC (the "Lessee"). a Kentucky limited liability company. pursuant to an .Agreement of Lease (the ".agreement"). The Bonds are being issued under Chapter 103 of the Kentucky Revised Statutes, and are to be retired. directly or indirectly. from the lease payments to be made by the Lessee pursuant to the Agreement, This Ordinance also authorizes the execution on behalf of the City of the various financing documents involved in the transaction, including the Agreement, the Bond Purchase A;reement. a Payment in Lieu of Taxan Agreement, Assignments, a Mortgage and assignments in substantially the fonts submitted to the Board of Commissioners. A copy of the Ordinance and of the form of rhe basic documents for such transaction will be on file in the office of the City Clerk. The Bonds are to be retired from the lease payments to be made by the Lessee pursuant to the Agreement AND. PURSUANT TO SECTIONS 103.200 TO 103.285 OFTHE KENTUCKY REVISED STATUTES, THE BONDS DO NOT CONSTITUTE AI\ INDEBTEDNESS OF THE CITY OF PADUCAH, KENTUCKY WITHIN THE MEANLNG OF THE CONSTITUTION OF THE CONVvIONWEALTH OF KENTUCKY 2014-2015 KY HOUSEHOLD HAZARDOUS WASTE GRANT AWARD Commissioner Abraham offered motion, seconded by Commissioner Gault. that the Board of Commissioners introduce an ordinance entitled, "AN ORDINAtNCEACCEPTING &LATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2014-2015 HOUSEHOLD HAZARDOUS WASTE GRAM FOR FUNDING THE ANNUAL CITY/COUNTY CLEAN-UP DAY AND .AUTHORIZING THE NIAYOR TO EXECUTE A GRANT AGREEMENT. AN INTERLOCAL AGREEMENT WITH &ICCRACKEN COUNTY, AND ALL DOCUMENTS RELATING THERETO". This ordinance is summarized as follows: The City of Paducah hereby accepts matching grant funds in the amount of 526,800 through the Kentucky Division of Waste Management for a 2014-2015 Household Hazardous Waste Grant to fund disposal services and an educational outreach program for the 2015 Annual City/County Clean -Up Day and authorizes the Mayor to -X,CUtC a grant agreement. an Interlocal Agreement with McCracken County, and all documents relative thereto. A local match of 514,637.50 is required from the City and County contributing S7,318.75 each, through cash and/or in-kind contributions, AUTHORIZE :AN AGREEMENT WITH SHAWNEE PROFESS ION AL SERVICES FOR E`GINEERING SERVICES FOR OLIVET CHURCH ROAD i\IPROVENMENT PROJECT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDIt�1ANCL- AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICE AGREEMENT IN AN ANIOUNT NOT TO EXCEED 552,000 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES RELATED TO UPDATING THE UTILITY AND ROADWAY PLANS FOR THE OLIVET CHURCH ROAD LVIPROVENMENT PROJECT." This ordinance is summarized as follows: That the Mayor of the City of Paducah is hereby authorized to execute an Engineering Service Agreement with Shawnee Professional Services in an amount not toexceed $52.000 for updating of the Utility and Roadway plans for the Olivet Church Road Impro.entent Project. It NE 24, 2014 AUTHORIZE A CONTRACT WITH NICHOLS ELECTRIC CO. FOR THE FIRE STATION NO.I GENERATOR PROJECT Commissioner Rhodes offered motion. seconded by CommissionerWilson, that the Board of Commissioners introduce an ordinance entitled. "AN ORDINANCE kCCEPTENG THE BID OF NICHOLS ELECTRIC CO.. LLC FOR THE PURCHASE OF A NEW EMERGENCY GENERATOR TO BE INSTALLED AT FIRE STATION NO. 1. AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEIENT FOR SAME." This erdinattce is summarized as follows: That the City of Paducah accepts the bid of Nichols Electric Co.. LLC in the amount of S33.900, for the purchase of a new emervency generator to be installed at Fire Station No. I . and audtorizine the Mayor to execute an agreementforsame. CITY MANAGER REPORT -Mr. Pederson: • asked for a Called .Meeting of the Board to be scheduled on Juan 30 to consider the Lease Agreement with Genova Products • Gave a report on the E-91 Iboard meeting held today. Kentucky State Police Post I gave a presentation to the E-91 1 Board to take over dispatch services. The City and County will gather more information and provide it to the Kentucky State Police so they can provide a cost estimate. The E-91 I Board also approved a proposal by Police Chief Barnhill that Police Captain David White serve as the Interim 911 Director. MAYOR & CO\(iVIISSIONER COMMENTS Commissioner Abraham asked several questions about the Paducah Power Svstem cost adjustment. PUBLIC COMMENTS Ron Ward spoke about his concerns regarding the powercost adjus menrtplaced upon the customers of Paducah Power System. Upon motion the meeting adjourned ,ADOPTED: July ?'_. ?0I4 City Clerk N,[ayor JUNE 30. 2014 At _t CaIleJ Meeting of the Board of Commissioners, held on Monda-,.Jt;ne 30. '014. at 4:31) p.in.. in the Commission Chambers of Cite Hall located at 300 South 5' Street, Nfivor Kaler presided. and upon call of the roll by the City Clerk, the following ans-, eyed -o their names: Commissioners Gault. k ilson and Maror Kaler f 3). Commissioners Abraham and Rhodes were absent () i, MOTIONS R & F CALLED NIEETM NOTICE Commissioner Gault offered motion, seconded by Commissioner Wilson. ghat the Notices of Called Meeting for Monday, June 30.1-014, be received and filed. Adopted on call of the roll, yeas, Commissioners Gault, Wilson, and -'l,.or Kaler (3). E, ECLTfN-E SESSION Commissioner Gault offered motion. seconded by Commissioner Wilsl-n. that the Board go into closed session for discussion of matters pertaining to the following top, -s: A specific proposal by a business entity where public discussic.i Dfthe subject matter would jeopardize the location, retention, expansion or upgrading of a business entity. as permitted by KRS 61.310(1) (g), Adopted on call of the roll, yeas, Commissioners Gault, Wilson and ,Mayor Kaler (3). OPEN SESSION Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board reconvene in open session. Adopted on call of the roll, yeas, Commissioners Gault, Wilson and Mayor Kaler (3). ORDINANCE — INTRODUCTION :V'PROVE LEASE AGREE.\(ENT WITH GENOVA FOR 5400 MMMERCE DRIVE Commissioner Wilson offered motion, seconded by Commissioner Gzult, that the Board of Commissioners introduce an ordinance entitled, "AN ORDNANCE OFTHE CITY OF PADUCAH. KENTUCKY, APPROVING A LEASE AGREEitiIEN7 ,AMONG THE CITY OF PADUCAH, MCCRACKEN COUNTY, AND GENOVr k PRODUCTIONS. INC., WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZiING THE EXECUTION OF THE LEASE AGREEi✓IENT AND OTHER CCCLNIENTS RELATED THERETO." This ordinance is summarized as follows: In this Ordinance the City of Paducah ("City") approves the leasing of property located at 5400 Commerce Drive, Paducah. Kentucky to Genova Productions, inc., pursuantto a Lease Agreement dated Ione 30, 2014, by and between County of McCracken. Cityof Paducah and Genova Productions. Inc. This Ordinance farther authorizes the \Mayor of the City of Paducah, Kentucky, to execute and deliver all documents necessary to consununate the transaction. ADOPTED: July 22, 2014 General Government .administrative Assistant City Clerk Mayor JL11V I. 2014 At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 1, 2014, at 3:30 p.m... in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Con-imissioners Abraham, Gault, Nilson and Mayor Kaler (4). Commissioner Rhodes was absent (1). INVOCATION Lance Denee' gave the invocation. PLEDGE OF ALLEGIANCE %Meg Hancock, Paducah Tilghman High School Sophomore, led the pledge. PATRIOTIC POE:NT %Meg Hancock, read "The New Colossus" by American Poet L- mina Lazarus. The poem is engraved on a plaque mounted inside the lower level of the Statue of Liberty. It was read in honor of the 4"' of July holiday. ORDINANCES ADOPTION 2005 POLICE & FIRE FIGHTER PENSION BOND REFIVkICING Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDNANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE. ISSUANCE OF CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION REFUND[NG BONDS SERIES 2014E (POLICE AND FIREFIGHTERS PENSION PLAN) IN THE AGGREGATE PRINCIPAL AMOUNT OF S4,230,000 (SUBJECT TO A PER�,IITTED ADJUSTMENT NCREASNG OR DECREASING THE SIZE OF SAID BONDS BY UP TO S423,000), FOR THE PURPOSE OF REFLFINDING IN ADVANCE OF MATURITY A PORTION OF THE OUTSTANDING CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS (POLICE AND FIREFIGHTERS PENSION PLAN), SERIES 2003; AUTHORIZING AND APPROVING THE ENGAGEMENT OF THE FINANCIAL ADVISOR AND BOND COUNSEL IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING FILINGS WITH THE STATE LOCAL DEBT OFFICER AND DEPARTMENT FOR LOCAL GOVERNMENT; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUN1D; 1-IAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES". This ordinance is summarized as follows: This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2014B in the approximate principal amount of S4,230,000 (the "Bonds") by the City of Paducah, Kentucky (the "City"). The Bonds are to be issued for the purpose of refunding in advance of maturity a portion of the outstanding City of Paducah, Kentucky Taxable General Obligation Bonds (Police and Firefighters Pension Plan), Series 2003 (the "Prior Bonds"), the proceeds of which were used to fund unfunded liabilities in the City's police and firefighters pension fund the "Pension Fund"). 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 a Bond Payment Fund; for the maintenance of the previously established sind<ing field; and for certain covenants of the City with respect to the July 1, 2014 Bonds. The Bonds are to be sold at public, competitive sale, and sliall mature, or be subject to mandatory sinking fiend redemption, in varying amounts on November l of each of the years 2014 through 2025. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of, and interest on the Bonds, subject to certain credits, as provided in Section 8 of the Ordinance. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: "Section 7 -- General Obligation. The Bonds shall be full general obligations of the City arid, for the payment of said Bonds, and the interest thereon, the full faith, credit and revenue of the City are hereby pledged for the prompt payment thereof. During the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, in addition to all other tares, 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 hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tar shall be placed before and in preference to all other items and for the full amount thereof provided, however, that in each year to the extent that the other lawfully available funds of the City are available for the payment of the 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 funds so available and appropriated." Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Wilson and iUlayor Kaler. ORD.#201 4-7-8158; BK 34 201=1-2015 KY HOUSEHOLD HAZARDOUS WASTE GRANT AWARD Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING MATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2014-2015 HOUSEHOLD HAZARDOUS WASTE GRANT FOR FUNDING THE ANNUAL CITY/COUNTY CLEAN-UP DAY AND AUTHORIZING THE iVIAYOR TO EXECUTE A GRANT AGREEMENT, AN INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY, AND ALL DOCUMENTSRELATIVG THERETO". This ordinance is summarized as follows: The City of Paducah hereby accepts matching grant funds in the amount of S26,800 through the Kentucky Division of Waste Management for a 2014-2015 Household Hazardous Waste Grant to fund clisposal services and an educational outreach program for the 2015 Annual City/County Clean -Up Day and authorizes the Vlayor to execute a grant agreement, an Interlocal Agreement with McCracken County, and all documents relatin- thereto. A local match of S 14,63 7.50 is required from the City and County contributing S7,318.75 each, through cash and/or in-kind contributions. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler. ORD.#2014-7-8159; BK 34 AUTHORIZE AN AGREEMENT WITH SHAWNEE PROFESSIONAL SERVICES FOR ENGINEERI`rG SERVICES FOR OLIVET CHURCH ROAD IMPROVEMENT PROJECT July 1, 2014 Commissioner Willson offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDNANCE AUTHORIZNG THE MAYOR TO EXECUTE AN ENGINEERING SERVICE AGREEMENT IN AN AMOUNT NOT TO EXCEED $52,000 FOR PROFESSIONAL ENGNEERJNG DESIGN SERVICES RELATED TO UPDATING THE UTILITY AND ROADWAY PLANS FOR THE OLIVET CHURCH ROAD INIPROVEMENT PROJECT." This ordinance is summarized as follows: That the Mayor of the City of Paducah is hereby authorized to execute an Engineering Service Agreement with Shawnee Professional Services in an amount not to exceed $52,000 for updating of the Utility and Roadway plans for the Olivet Church Road Improvement Project. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler, ORD.#2014-7-8160; BK 34 AUTHORIZE A CONTRACT WITH NICHOLS ELECTRIC CO. FOR THE FIRE STATION NO.1 GENERATOR PROJECT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF NICHOLS ELECTRIC CO., LLC FOR THE PURCHASE OF ANEW EMERGENCY GENERATOR TO BE INSTALLED AT FIRE STATION NO. 1, AND AUTHORIZNG THE NMAYOR TO EXECUTE AN AGREEMENT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Nichols Electric Co., LLC in the amount of S83.900, for the purchase of a new emergency generator to be installed at Fire Station No. 1, and authorizing the Mayor to execute an agreement for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Nilson and Mayor Kaler. ORD.#201=1-7-8161; BK 34 APPROVE LEASE AGREEMENT WITH GENOVA, Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A LEASE AGREEMENT AMONG THE CITY OF PADUCAH, MCCRACKEN COUNTY, AND GENOVA PRODUCTIONS, INC., WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT AND OTHER DOCUMENTS RELATED THERETO." This ordinance is summarized as follows: In this Ordinance the City of Paducah ("City") approves the leasing of property located at 5400 Commerce Drive, Paducah, Kentucky to Genova Productions, Inc., pursuant to a Lease Agreement dated June 30, 2014, by and bet'v�een County of McCracken, City of Paducah and Genova Productions, Inc. This Ordinance furtherauthorizes the Mayor of the City of Paducah, Kentucky, to execute and deliver all documents necessary to consummate the transaction. ORD.#2014-7-8162; BK 34 ORDINANCE — INTRODUCTION REIMBURSEi\IENT AGREEMENT WITH PADUCAH WATER FOR THE OLIVET CHURCH ROADWAY NATER CONSTRUCTION EXPENSES Commissioner Wilson offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH WATER FOR THE WATER CONSTRUCTION RELATED TO THE OLIVET CHURCH ROAD July l , 2014 ROADWAY IMPROVEiVIENT PROJECT AND AUTHORIZES THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE GENERAL FUND FUND RESERVE (UNAPPROPRIATED APPROPRIATED AND UNDESIGNATED) ACCOUNT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a reimbursement agreement between Paducah Water and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for water construction to complete the OIivet Church Road Roadway Improvement Project at the estimated cost of $460,000.00. In the event the total invoice amount exceeds the estimated amount required to complete said project, the City hereby authorizes the Finance Director to issue payment for the actual total costs to Paducah Water. Additionally, the Finance Director is authorized to transfer funds in an amount not to exceed S 127,000 from the General Fund fund reserve (unappropriated and undesignated) account to the Olivet Church Roadway Project account. CITY MANAGER REPORT The City Manager asked Paducah Riverfront Development Authority Executive Director Stere Doolittle to give an update on the hotel development activities. MAYOR & CO1Ny[i<•[ISS1ONER COMMENTS Mayor Kaler attended a reception in honor of Richard Roof. He has served as Barkley Regional Airport manager for 40 years. Commissioner Wilson reminded everyone that the new boat launch at 6'" and Burnett Streets is open and encouraged boaters to use this holiday weekend. PUBLIC CO-NIMENTS Lois Hester, of 2127 iVladison Street addressed the Commission about flooding on Nladison Street. Commissioner Gault offered to get her in contact with Paducah -McCracken County Joint Sewer Agency to see if there is an issue that can be addressed. City Engineer Rick ?Murphy assured her that the Engineering - Public Works would pick up the extra trash she put out at no extra charge. Upon motion the meeting adjourned. ADOPTED: July 22, 2014 City Clerk Mayor Jule i;. 2014 At a Re;ular Meenng or the Board of Commissioners. held on Tuesday. July 15. 2014. at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 51h Street. \[ayor Kaler presided. and upon call of the roll by the City Clerk" the foilowin; answered to Eheir names: Commissioners Abral►am. Gault. Rhodes. Wilson and Mayor Kaler(5). INVOCATION" Father Brandon Williams. Assistant Pastor at St. Thomas More Church. ;aye the invocation, APPOINTMENTS CIVIC BEAUTIFICATION BOARD Mayor Kaler made the following reappointments: "W"HEREAS. subject to the approval of die Board of Commissioners. [ hereby reappoint Carol Viuiderboegh. Dabney Haugh. Dianne Bedwell, and .Alberta Davis as members of the Civic Beautification Board. These terms will expire July 1. 2018." Commissioner Abraham offered motion. seconded by Commissioner Gault, that that rhe Board of Commissioners approve the action of Mayor Kaler in reappointing Carol Vanderboegh, Dabney Haugh, Dianne Bedwel1. and Alberta Davis as members of the Civic Beaucificatiou Board. Adopted on call of the roll, yeas. Commissioners Abraham. Gault" Rhodes, Wilson and Mayor Kaler. PADUCAH HUMAN RIGHTS CONIMISSION lvlavor Kaler made the following reappointments: "W"HLREAS, [ move that the Board of Commissioners reappoint Leslie Page. Craig Newbern, and Matthe%v Schultz as members of the Paducah Human Rights Commission. These terms will expire July 24. 2017," Commissioner Rhodes offered motion, seconded by Commissioner kilson, that the Board of Commissioners approve the recommendation of Mayor Kaler in aplx>intiuv. Leslie Page. Craig Newbern and Ivlattliew Schultz as members of the Paducah Human Rights Commission. Adopted on call of (lie roll. yeas. Commissioners .Abraham, Gault, Rhodes, Wilson and Mayor Kaler. ,NIIIIICIPAL ORDERS PERSONNEL :ACTIONS Commissioner Wilson offered motion. seconded by Commissioner Rhodes, that the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Gault. Rhodes, Wilson and Mayor Kaler (5 ). AUTHORIZE TERMINATIO` OF LEASE. CONTRACT AND OPTION WITH INFiNITI FOR 5400 CO\IAIERCE DRIVE Commissioner Gault offered motion. seconded by Commissioner Abraham. that a INfunieipal Order entitled; "A MUNLICIPAL ORDER APPROVING AVD AUTHORIZING THE EXECUTION OF TERMINATION OF CO\TRACT. LEASE AND OPTION BY AND BETWEEN CITY OF PADUCAH. KENTUCKN', COUNTY OF MCCRACKEN, KENTUCKY. AND PADUCAH ,NICCRACKEN COUNTY INDUSTRIAL DEVELOPMENT .AUTHORITY. DATED JUNE 1. 2004. AND AMENDED JUNE 27. 2006." be adopted. Adopted on call of the roll. yeas. Commissioners .Abraham, Gault. Rhodes. Wilson and \[ayor Kaler (5). NIO.# 1783: BK 9 ORDINANCE — ADOPTION REINIBURSE\LENT AGREEMENT WiTH PADUCAH WATER FOR THE OLIVET CHURCH ROADWAY NATER CONSTRUCTION EXPENSES Commissioner Rhodes offered motion, seconded by Commissioner Nilson. that the Board of Commissioners adopt an ordinance entitled. "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ,A REWBURS EIMENT AGREEMENT WITH PADUCAH \V.ATER ILII% I _5. 2014 FOR THE NATER CONSTRUCTION RELATED TO THE OLIVET CHURCH ROAD ROADWAY ]IMPROVEMENT PROJECT .AND AUTHORIZES THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE GENERAL FUND FUND RESERVE (UNAPPROPRIATED AND UNDESIGNATED) ACCOUNT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a reimbursement agreement between Paducah Water and the City of Paducah. Kenntcky, for reimbursement for actual laborand materials necessary for water construction to conlpletz- the Olivet Church Road Roadway Improvement Project at the estimated cost of S460.000.00. In the event the total invoice amount exceeds the estimated amount required to complete said project, the City hereby authorizes the Finance Director to issue payment for the actual total posts to Paducah kk-ater. Additionally. the Finance Director is authorized to transfer funds in an 311101.1tlt not to exceed 3127,000 from the General Fund fund reserve (unappropriated and trndesignmed) account to the Olivet Church Roadway Project account. V Adopted on call of the roll, yeas. Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (S). ORD.020[4-7-3163: BK 34 ORDINANCE — INTRODUCTION ACCEPT 2013-2015 LAW ENFORCEMENT SERVICE FEE GRANT A%YARD Commissioner Wilson offered motion, seconded by Commissioner Rhdoes.that the Board of Commissioners introduce an ordinance entitled. ''AN ORDINANCE OF THE CITY OF PADUCAH ACCEPTW-G A 2014/2015 LAW ENFORCEIMENT SERVICE FEE- GRANT AWARD FOR DUI ENFORCENMENT BY THE PADUCAH POLICE DEPARTMENT ,AND AUTHORIZING THE 1vlAYOR TO EXECUTE A GRANT AGREEMENT .AND ALL DOCULMENTS RELATIING THERETO WITH THE KENTUCKY JUSTICE .AND PUBLIC SAFETY CABINET." This ordinance is summarized as follows: That the City of Paducah hereby accepts grant fonds in the amount of $8.271 through the Keluucky Justice and Public Safety Cabinet fora 2014 2015 Law Enforcement Service Fee Grant .1u-ard to be used by the Paducah Police Department for DUI Enforcement and hereby authorizes the Mayor to execute a Grant Agreement and all documents relating thereto. CITY NLANAGER REPORT PRDA Executive Director Steve Doolittle and City Engineer Rick Ntutphyga\e updateson the l'ollowine projects: Noble Park Lake Bank Stabilization Project, Greenway Trail work on the construction of the underpass. Boat Launch at 6'h and Bunlett Streets and the Riverfront development ,ureas. For more details. see the excerpt from the City Commission Highlights prepared by Public Information Officer Pam Spencer. MAYOR St COMMISSIONER CONINIENTS Commissioner Abraham: • Expressed his concerns for illegal activities that are going on in Langstaff Park aka Betsy Ross Park. He asked the Police Chief to check into that area because he is Asoconcemcd for the safety of the residents in the area of the park. • He reported he toured the V,% -[V Paducahbilt railroad facility located at 1300 Kentucky _avenue. [t was a wonderful tour. The company is doing an amazia; job a•,d are working on o,.cr I million hours- of oursof no accidents. The company employs about 200 people. • Led a discussion among the Commission about the Iloodwall neurals and the process of how• the artists are chosen to maintain the murals that were originally painted by Robert Dafford and team. After further discussion it was the direction of the City Commission for the City Manager to get a legal opinion to find out if the murals can be painted by artists chosen by the City because the City owns the murals or it only Dafford trained artists can be the only artists chosen to maintain the murals. Mayor Kaier: • Mentioned the ribbon cutting held today at the nen TeleTech property that will be opening in the Paducah Commerce Park formerly known as the Paducah Information .Age Park. PUBLIC COMMENTS Gary Vanderboegh invited the Commission to attend the Division of Energy Advisory Board Town %[eedng held on Thursday. July 17`" at the Cherr) Civic Center from 1:00 to 3:00 p n1. Upon motion the meeting adjourned .ADOPTED: Ju1w 22. 201-1 JLdk ;5. 2014 City Clerk Mayor An excerpt from the City Commission Meeting Highlights prepared by Pam Spencer, Public Information Officer Project Updates City Engineer -Public Works Director Rick Murphy and Paducah Riverfront Development Authority (PRDA) Executive Director Steve Doolittle provided updates on several City projects. • Noble Park Lake Bank Stabilization - The project began July 7. Noble Park Lake has been lowered to gain access to the shoreline and therernnants of Duck Island. With the lowering of the lake, it has been revealed that Duck Island has a concrete shoreline protection area around it. The lake elevation was raised in 1994 to support more aquatic life. The City is now reviewing alternate options for Duck Island due to the concrete structure. • Greenway Trail Underpass - Work is on schedule for the construction of the Greenway Trail underpass at U.S. 45. • Ohio River Boat Launch - Signs have been installed at the Ohio River Boat Launch facility located at North 6" and Burnett Streets to deter people from parking on the entry road and on the boat launch itself. Fishing is allowed at the Boal Launch but anglers are asked to fish from the river bank and not from the boat launch ramp or dock since those areas are provided for the loading and unloading of boats. Power poles have been installed at the facility with lighting and security cameras to be installed soon. • Riverfront Project - An engineering contract will be introduced at the next Commission meeting to provide engineering services to prepare specifications and bid docurnents for the next construction phase of the Riverfront Project incorporating recommendations from PRDA. At the April LS, 2014 City Commission Meeting, PRDA Chairman Bruce Brockenborough provided the Commission with PRDA's project recommendations. In September 2013, PRDA was given the assignment to review the project elements. After holding 10 meetings the PRDA Board decided that the project should be completed to the desired elevation but some items should be eliminated from the project with other items either reduced in scope or delayed in their implementation. Currently, much of the rock base and 12 steel pilings have been installed for the project. • Former Executive Inn Site - PRDA will be receiving a proposal from an urban planning company called RATIO regarding a master plan far the remaining six acres of the former Executive Inn site. A portion of the former Executive Inn site will be parking for the new Hilton Garden Inn. However, approximately six acres is undeveloped between the hotel parking and the Riverfront Project. BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment 0 Reappointment 0 Joint Appointment NAME: Jim Smart ❑ .Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah tilcCracken County Joint Sewer Agency DATE TO BE PLACED ON AGENDA: July 22, 2014 EXPIRATION OF TERM DATE: .lune 30, 2018 APPOINTEE'S HOME ADDRESS: Street: 223 North 9"' Street City/Zip: Paducah KY 42001 Phone: 270 534-31 19 Email Address: Appointee's Business Name: Address: City/Zip: .Phone: U Thank you 0 Resigned ❑ Term Expired ❑ Other (explain) TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: June 2014 By, Gayle Kaler Board of Commission Approval: Original to: Tamrnara S. Sanderson, City Clerk Cc: file BOARD CHATRIvlAN: BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment VJ Reappointment ❑ Joint Appointment NAME: Jipaum Askew -Robinson ❑ .Joint Reappointment NAME OF BOARD OR COMMISSION: Municipal Housing Authoritv DATE TO BE PLACED ON AGENDA: JULY 22. 2014 EXPIRATION OF TERM DATE: JULY 22, 2018 APPOINTEE'S HOME ADDRESS: Street: 351 Ashbrook Avenue City/Zip: Paducah, KY Phone: Email Address: jaskewgibson0001 [kctcs.edu Appointee's Business Name: Address: City/Zip: Phone: (270) 534-3420 TO REPLACE ON BOARD: ❑ Thank you ❑ Resigned ADDRESS: ❑ Term Expired 0 Other (explain) City/Zip: Appointee Confirmation: Date: 7/10/14 By: Lindsay Parish Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAI LVIAN: Cc: file APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMA'T'ION Appointment Reappointment Joint Appointment NAME: David Nbst .Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah -McCracken Countv River -port Authority DATE TO BE PLACED ON AGENDA: JULY 22. 2014 EXPIRATION OF TERM DATE: SEPTEMBER 26, 2017 APPOINTEE'S HOME ADDRESS: Street: 2425 Joluula Lane City/Zip: West Paducah. KY 42086 Phone: 270-994-2544 Email Address: davidmast,,n comcast.net Appointee's Business Name: Address: City/Zip: Phone: Thank you Resigned Term Expired Other (explain) TO REPLACE ON BOARD; Greo Menke ADDRESS: I 1 1 Kentuckv Ave. City/Zip: Appointee Confirmation: Date: -7/18/14 Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk Cc: file Paducah, KY 42003 By: Ken Canter BOARD CHAIR-NIAv: JULY 22, 20 [4 I move that the tollowiticy documents be received and filed: DOCUMENTS Notices of Cancel lation For the City of Paducah Board of Commissioners N-leetings for June 17, 2014 and July 8, 2014 Certificate of Liability Insurance and Right of Way Bond for Hays Backhoe and Concrete Performance Bond for Youngblood Excavating Contracting, LLC for the Noble Park Lake Batik Stabilization Project (ORD # 2014-06-8149) Quitclaim Deed for 228 South 17'11 Street with George Vollmer Commissioners Deed for 625 George Street Contracts For Services a. Paducah Concert Band (City Manager Approval) I- b. Paducah-vleCracken County Convention & Visitors Bureau (ORD # 2014-6- 8157) Contracts -"A cyreeme n is : a. Change in Terms Agreement with Banterra Batik for revolvins? line of credit for Fountain Avenue and Lower Town Neighborhood Revitalization Project (ORD 2014-05-8143) b. Engineering -Public `forks Department One -Year Renewal Agreement with Bluegrass Fire Equipment Company, Inc. for the Structural Firefighting Turnout Gear for use by the City of Paducah Fire Department (ORD -A� 2013-03-8017) c. tMemorandum of Understanding with Genova Products and G.P.E.D.C., Inc. for 5400 Commerce Drive (ORD # 2014-07-8162) d. Contract with T & T Cleaning for event set-up and cleaning services at the Robert Chevy Civic Center (City tManager Approval) e. Agreement with Shawnee Professional Services for the Olivet Church Road Improvement Project (ORD # 2014-07-8160) f. Agreement with Nichols Electric Company, LLC for the Fire Station # l Generator Project (ORD # 2014-07-8161) g. 2014-2015 KY Pride Fund Household Hazardous Waste Management Grant Agreement (ORD # 2014-07-8159) h. Financial Advisor Agreement with Raymond James & Associates, Inc. for the Police and Firefighters Pension Plan (ORD 2011-07-8158) Commonwealth of Kentucky Office of the Governor Department for Local Government Recommetided Order for KRS 103.210 Bonds for the Paducah Convention Hotel Notification from Paducah McCracken County Joint Sever Ageticv for the CPI -L Rate Adj ustment 10. Letter of Engagement for Bond COUnsel for approximately $1,230,000 City of Paducah. Kentucky Taxable General Obligation Refunding Bonds, Series 2014B Police and Firefighters Pension Plan (ORD '.-r.21014-07-8158) City of Paducah Human Rights Commission AtinLlal Report 2013 CITY OF PADUCAH July 22, 2014 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached fist be approved. Da / POLICE ADMINISTRATION Davis, Scotty A. POLICE OPERATIONS Nimbler, Wesley A. Smith, Matthew L. POLICE SUPPORT SERVICES Hodges, William J. Johnson, George F. FIRE SUPPRESSION Johnson, David M. Johnson, David M. EPW - STREET Broadway, George A. POLICE OPERATIONS Hodgson, Donald G. Rose, Kortney E. FIRE SUPPRESSION Tubbs, Daryl L CITY OF PADUCAH PERSONNEL ACTIONS July 22, 2014 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPOPARYASS IGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Patrolman Training Officer NCS Non -Ex Aug�jst7 201= S24.90/Hr $24.90/Hr Operations Sergeant Operations Captain NCS Ex August 1, 2014 $27.01iHr $31.17/Hr Detective Operations Sergeant NCS Non -Ex August 1 , 2014 $24.90/Hr $25.16/Hr Patrolman Detective NCS Non -Ex August', 2014 $22.23/Hr $22.23iHr Operations Sergeant Detective Captain NCS Ex August 1, 2014 $26.11/Hr $29.56/Hr Relief Driver Acting Fire Lieutenart NCS Non -Ex April 20, 2014 $14.30/Hr $15.61/Hr Acting Fire Lieutenant Relief Driver NCS Non -Ex July 20, 2014 $15.77/H r $14.44/H r TERMINATIONS - FULL-TIME (FITI POSITION REASON EFFECTIVE DATE Equipment Operator Retirement August 1, 2014 Police Captain Retirement August 1. 2014 Patrol Officer Resignation July 21, 2014 Fire Captain Retirement August 1, 2014 Agenda Action Form Paducah City Commission Meeting Date: July 22, 2014 Short Title: APPROVING AND AUTHORIZING THE EKECUTION OF AN ASSIGNMENT AND REAFFIRMATION AGREEMENT AMONG CITY OF PADUCAH, KENTUCY, MCCRACKEN COUNTY, KENTUCKY, G.P.E.D.C., INC., AND PADUCAH ECONOMIC DEVELOPMENT FOUNDNTION, INC., RELATING TO A PUBLIC PROJECT ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Lesa Emmons and Jeff Pederson Presentation By: Jeff Pederson Background Information: The City of Paducah and McCracken County own an industrial building and real estate located at 5400 Commerce Drive, in Paducah, McCracken County, Kentucky. The City and County have determined that it is in the best interest of citizens of the City of Paducah and McCracken County that they lease the Premises to Genova Products, Inc., a Michigan corporation ("Genova") for the purposes of locating, equipping, operating and managing a manufacturing and distribution facility of vinyl building products, and the hiring and maintaining an estimated 125 new full-time employees at the Premises. A Memorandum of Understanding was executed by the respective parties with an effective date of June 29, 2014. On June 30, 2014, the City and County entered into a lease of the Premises subject to such terms and conditions as set forth in the lease agreement and the MOU, The Lease was entered into by the City in reliance upon certain obligations and liabilities of GPEDC to City and County as set forth in the MOU. GPEDC now desires to acknowledge and affirm these certain obligations and liabilities to City and County under the MOU and to subsequently assign these certain obligations and liabilities to the Paducah Economic Development Foundation, Inc., a Kentucky not-For-profit-coiporation ("PED Foundation"); and PED Foundation is agreeable to accepting this assignment from GPEDC and PED Foundation is further agreeable to affirming and reaffirming these certain obligations and liabilities to City and County Goal: JZStrong Economy ❑ Quality Services❑ Vital NeighborhoodsRestored Downtowns Attachments: Municipal Order Department Head City Clerk CitS 1�anagt er ';31? MUNICIPAL ORDER NO. A 1VIUNICiPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AND REAFFIRMATION AGREEMENT AMONG CITY OF PADUCAH, KENTUCKY, MCCR,kCKEN COUNTY, KENTUCKY. G.P.E.D.C., INC., AND PADUCAH ECONOMIC DEVELOPMENT FOUNDATION, INC., RELATING TO A PUBLIC PROJECT WHEREAS, City of Paducah ("City") and ivlcCracken County (`'County") are the owners of a certain industrial building and real estate located at 5400 Commerce Drive, in Paducah, McCracken County, Kentucky (the "Premises"); and WHEREAS, City and County have determined that it is in the best interest of citizens of the City of Paducah and McCracken County that they lease the Premises to Genova Products, Inc., a Michigan corporation ("Genova") for the purposes of locating, equipping, operating and managing a manufacturing and distribution facility of vinyl building products, and the hiring and maintaining an estimated 125 new full-time employees at the Premises (the "Project"), all as more particularly set forth in that certain Memorandum of Understanding among G.P.E. D.C., Inc., and Genova relating to the Project, executed by the respective parties thereto with an effective date of June 29, 2014 (the "MOU"); and WHEREAS, City has determined that the Project will promote the public purposes of City in fostering economic development and promoting the development of a skilled workforce, all to the benefit of the citizens and residents of the city of Paducah; and WHEREAS, on June 30, 2014, City and County entered into a lease of the Premises subject to such terms and conditions as set forth in the lease agreement and the titOU (the "'Lease") and WHEREAS, the Lease was entered into by City in relianco upon certain obligations and liabilities of GPEDC to City and County as set forth in the IvIOU; and WHEREAS, GPEDC now desires to acknowledge and affirm these certain obligations and liabilities to City and County under the MOU and to subsequently assign these certain obligations and liabilities to the Paducah Economic Development Foundation, Inc., a Kentucky not -for -profit -corporation ("PED Foundation"); and PED Foundation is agreeable to accepting this assignment from GPEDC and PED Foundation is further agreeable to affirming and reaffirming these certain obligations and liabilities to City and County; and WHEREAS, it is beneficial for the City of Paducah to execute this assignment and reaffirmation agreement among City, County, GPEDC, and PED Foundation. NOW, THEREFORE, BE IT ORDERED BY THE CITY OFPADUCAH, KENTUCKY, . S FOLLOW'S: Section 1. The Board of Commissioners hereby ipproves the Assignment and Reaffirmation Agreement among City, County, GPEDC, and PED Foundation 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 Assignment and Reaffirmation Agreement for the purposes therein specified, and the execution and delivery of the Assignment and Reaffirmation agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Assignment and Reaffirmation Agreement, together with such other agreements, instruments or certifications which may be necessary to accomphsli the transaction contemplated by the Assignment and Reaffirmation Agreement and the IvIOU. Section 2. All motions, orders, resolutions and parts thereof in conflict herewith, are hereby repealed to the extent of such conflict, and this Municipal Order shall be effective irrunediately. Section 3. This Municipal Order shall be in full force and effect immediately upon its adoption. INTRODUCED, PUBLICLY READ, AND FINALLY APPRO47ED on one reading. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, July 22, 2014 Recorded by Tammara S. Sanderson, City Clerk, July 22, 2014 \mo\agree-genova-assignment & reaffirmation EXHIBIT A ASSIGNMENT AND REAFFIRM aTION .GREE N[ENi See attached I'`'_1,) ASSIG.Nl-1ENT AND REAFFIRMATTO'>AGREE_yiENT This is an ASSIGN%MEivT AND REAFI=IRAyIATIOti _LGiREEMEi`iT (this "Agreement") made and entered into this _ day of July, 20! t the "Effective Date") amon; C.P.E.D.C., LNC., dib%a the Greater Paducah Economic Development Council, Inc., a Kentucky not -for -profit -corporation ("GPEDC', with a principal mailing address of Post Office Box It 55, Paducah, Kentucky- 41-002-1155; Paducah Economic Development Foundation, Inc., a Kentucky not -for -profit -corporation ("PED"), with a principal mailing address of Post Office Box 1133, Paducah, Kentucky 42002-1153; MC.C1ltACKEN COUNTY, KENTUCKY ("County"), with a principal mailing address of 300 South 7th Street, Paducah, Kentucky 42003., and CITY OF PADi;CAH, KENTUCKY ("City"), with a principal mailing address of Post Office Box 2267, Paducah, Kentucky 42002-2267; (County and City shall collectively be referred to as the "Lessor") (GPEDC, PED, City, and County may collectively be referred to as the "Parties" and singularly be referred to as a "Party'); WITNESSETH: WHEREAS, capitalized terms used and not otherwise detined in this Agreement shall have the respective meanings ascribed thereto as set forth in the lease agreement dated as of June 30, 2014, by and between the Lessor and Genova Products, hic., a Lklichigan corporation ("Genova'); and WTIEREAS, the Lessor has a compelling public interest in fostering economic development and promoting the development of a skilled workforce, all to the benefit of the citizens and residents of the city of Paducah and the county of McCracken, Kentucky; and WHEREAS, the Lessor owns the Building and has determined that it is in the best interest of citizens of the City of Paducah and McCracken Counly that Lessor rent the Building and the Project Site (collectively, the "Premises") to Genova for the purposes of locating, equipping, operating and managing a manufacturing and distribution facility of vinyl building products, and the hiring and maintaining an estimated 123 nevv full-time employees at the Premises (the "Project"), all as more particularly set forth in that certain Memorandum of Understanding among GPEDC and Genova relating to the Proiect, executed by the respective parties thereto with an effective date of June 29, 2014 (a copy of vvbich is attached hereto and made a part hereof as Exhibit A) (the "MOU"); and WHEREAS, the Lessor has determined that the Project titi#11 promote the public purpose of the Lessor: and WHEREAS, on June 30, 2014, the Lessor and Genova catered into a lease of the Premises subject to such terms and conditions as set forth in the lease agreement and the tiIOU (the "Lease") and kVHEREAS, the Lease was entered into by the Lessor in reliance upon certain obligations and liabilities of GPEDC to Lessor as set forth in the MOU; and WHEREAS, GPFDC desires to acknowledge and affirm taese certain obliizations and liabilities co the Lessor and ro srtbsequently assign these certain •)Mig)ations and 'iabilities to PED: and PED is agreeable to accepting this assignment from GPEDC and PED is further agreeable to affirming and reaffirming these certain obligations .ind liabilities to the Lessor; and Nww, THEREFORE, City; County, GPEDC and PED agree to the following: A. Affirmation of GPEDC and Assignment to PED. 1. Pursuant to this agreement, GPEDC hereiiy agrees, acknowledges, affirms and reaffirms its obligations and liabilities to the Lessor under Sections A.2. and A.4. of the MOU ("the 'Obligations"). 2. For valuable consideration, the receipt of Lxnich is acknowledged by the parties, GPEDC hereby assigns and transfers unto PED the Obligations. B. Assumption of ObliQatious and Liabilities. In �ornsideration of the aforementioned, PED hereby agrees to assume and faithfully pe►Form the Obligations to the Lessor from and after the Effective Date of this Agreement. It is understood and agreed that PED shall be fully bound to the Lessor for the performance of the Obligations in accordance with the tends and conditions of the y1OU, C. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties hereto and their successors and assigns. This Agreement shall be enforceable, exclusively. in the N,-IcCracken Circuit Court and the governing I& -,v shall be the Commonwealth of Kentucky. Time shall be of the essence with respect to the performance of the Obligations, D. Effective Date. The effective date of this Agreement shall be July 1, 2014, 7N WITNESS WHEREOF, EOF, (lie parties hereto have set their hands. GPEDC: G. P.1a . D. C., Inc. By: Title: ./ Date: PEM '�a�)f i� i� F �,�► c��t�i� bev%e-bopin-emit Foundation, Inc. Title; Date: -- LESSOR: CITY OF PADUCAHF KENTUCKY By:_ Title: Date: MCCRACKEN COUNTY, KENTUCKY Title: Date: 3 EXHIBIT A HE MOL ;14355,;1e 1.1 lane 9, '0: 1.1 30011 iYiL:�iORA.NDC-M OF U-NDER.STANUNG This is a MEMORZ. N-DUMOF U-NDERSTA.\DEN ".MU") bet,.veen GENOVA PRODUCTS, INC., ("Company" or "Genova"), with a principal rtailiug address of Post Of lc;, Box 309, Davison, tiiiciiigaii 48423, and G.P.E.D.C,, LNC., dfbia tae Greater Paducah Economic Development Council, file., a, Kentucky not-for-prcft-cerporatiott ("GPEDC'), with a principal inail ng address of Post Office Box 1155, Paducah , Kentucky 42002-1155. Company and GPEDC may be referred to herein individually as a "Party", and coltectively as the 'Parties", Recitals: WHEREAS, the City of Paducah, Kentucky ("City', arc! County of McCracken ("County') i old fee simple title to a certain industrial building rile related unp�ovettteitts (the 'Building') situated upon a certain tract of real property at 5400 Coimnerce Drive iri Paducah, McCracketi County, Kentucky (the "Property'), for uidustrial development; WHERLAS, Company proposes to locate, equip, and op rate a Manufacturing and distribution facility of vinyl building products (tile "Project I within the Building and on the Property; WgME IAS, the Project would have a positive impact on the entire con)m4 tnity by stimulating the local economy, expanduig the tax Base, and reducing unemployment within the boundaries of Paducah, McCracken County, Kentucky; WHMJUAS, GP>DC leadership strongly support the location of 'lie Project in Paducah, McCracken County,K-..cocky; in ordeir to induce the location, equipping, and operation of the Project by company on the Property , GPEDC or its assigns has agreed to provide certain economic incentives to Company as provided in this MOU for• purposes of defraying the costs of locating and equipping the Project on the Property , WHEREAS ; Company is vety interested in pursuing the Ppiect and tate Parties wish to enter into this MOU to clearly set forth tiie framework of a subsequent agreement togirding the location and equipping of tile Project and the economic uiceni;ives to be provided to paitial-ly defray the costs thereof; and Wilt, REAS , the Parties intend to work cooperatively to move forward with the Project as set foitlt in this MOU. Now, THEREFORE, Company and GPEDC agree to the foll,)wing: A. Commit tints from Paducah. 1. GPEDC or its assigns agrees to extend a revolving loaa to Company for rite sole purpose of purchasing trade fixhtres, equipment, and fixtures for the Project that enhances its S Detroit 37W19 1 operations c•^ the Property and creates additional and n;awjco cpportunities :o Kentucky residents up to the aggregate amount of $1.1 million, which loan sha.l be repaid nr'.th ul,terest at the rata of 4,5% oer annum amortized over a ten (11; `rear ,period. Advances up to and ,-lot to axceed $900,000.00 from the revolving !oan shalt be axpressiy --onditioned upon Company having hired and retained a rnlr.imum of 13 nerJ fust -time employees ("FTEs'l at the Premisesproject Site and upon providing current iiaancial sta6ements. Additional advances from the revolving loan after the aforesaid irlidal advance of the first $900,000.00 are expressly conditioned upon Company having h!rc!d and r2t'a!ned a minimum of 50 new FTEs and upon providing current financial >taternents. FTEs are defined as new full-time employed workers with an average hourly compensation of $13.11 per hour, plus health insurance benefits with a minimum of 50% lessee contribution, which employed workers are subject to the City of'Paducah's license fees as defined under Article IV of the Paducah Code of Ordinance, Sections 1067133 and 106-184, and who satisfy the Kentucky residency criteria under the provisions of the Kentucky Economic Development Finance authority ("KEDFA'l Direct Loan Programs. Said loan to be evidenced by a Revolving loan CnMlt Agreement and secured by a security agreement wherein GPEDC or Its assigns are accorded a first and superior security Interest In the trade fixtures, equipment, and fixtures acquired for and used in the operation of the Project. Such documents are to contain such terms and conditions as are acceptable to GPEDC or its assigns. 2. GPEDC agrees to pay directly to City and Cduuty (a) the base rental .payments coiumencing with the Lease Com.meacernent Date (July 1, 2014) (defined below) and termittatingoat the, Base Rent Commencement Date (Septeinber 1, 20 15) (defined below), and (b) the equipment loan insta,ilment payments during the first year of the loan, 3. additional lncentives: GPEDC will in good faith patitio7l file State of KeniZrc. y acrd other partners. for the following: (i) A IFDFA 3% payroll rebate for 10 years; (ii) K131 tax credit (offsets state corporate income taxes by 50% of tease payments per year for 10 years:); (iii) KF_1A (sales & use tax rafi.rnd for building/construction materials & income tax abatement); and (iv) Kentucky Training Incentives 4. At its sole cost, GPEDC agrees to complete a Phase I envir,)runental assessment of the Property prior to June. 30, 2014, and if indicated, a Phase Ii-nvu•onmental assessment, and agrees to indemnify Company front any environmeatal damages that were caused prior to the Lease Commencement Date (defined below). As an incentive and an inducement to Company to locate, equip and olierate 6 oeaoil_17W I)—I :lne aC�j�Ct Jit :Ile Q:�lDdrty, U QEDC aurtcs lot to O:i�!' 3:isll !YC3r,C1 !'s ;J :if3L`t :lne companies expressly listed below wltbin, the boundaries County,'<enht,,ky, :or a tive (5) year psriod fiom the Effective Date of this N-fOU, pr.,;-ded, >lowever, such covenant shall iiet sppfy in the event: (i) any of the listed eonipxues agree to pay an at%crage salary of $20/110ur or More; (ii) a buiLiding owned by GPEDC, City, or County loses a temint (such. 213 Whitchall or Macco); or (iii) Company is ill deflault o` any of it obligatiotis under this tifOU, the lease, or the loan dccumenta, The listed companies GPEDC is restricted from providing cash incentives are as Wows: Charlotte, Nibco, Lasco, Mueller, Tighe, Spears, Arnerimax, KP Building Producls, Trex, Tinbertech, Azek, Fiberon, Gossen, Kleer Decking, Tarnko, and Universal Forest Products. This does not prohibit the City, County, or State frotn granting statitory incentives as permissible by law. 13. Commitments of Company. In consideration of the DO)Ec indentives to be provided, Company agrees as follows: 1. Company reasonably projects and in Good Faith i'micipates hiring and maintaining 125 new FTEs at the Property within ten (10) years of the Effective Date of this MOU Mtlt health insurance benefits. Further; Company sl.aait provide to GPEDC, at its sole cost and expense, the following: (i) Written reports of the Company's progress it safsQying the foresaicl employment commitments. Such progress repom s all be provided bi- annually commencing upon commencement of the base agreement anti shall be certsfied as accurate by Company, Upot, a reasonable request by City and/or Coultty, Company shall provide suplost documentation "veeif<fing the iCoresaid progress reports. (ii) A year-end financial statement and balance sheet, in reasonable detail and with all supporting schedules and cornrnents, duly certified by Company's certified public accountant by April 30th following each fiscal year-end of the Company, 2. To obtain and maintain all licensing, permitting and certification requirements for the lawful construction, installation, and equippirg of tine Project and the operation of the Project including but not iinnited to, allcity development, zoning, building code ordinances andpo€icier, and all other federal, state and local applicable laws and regulations (collectively, "Governmerital Pei°mils"). GPEDC will work closely with the Company to ensure these Goverinmco.tal Permits are provided in a timely and expedited manner. 3. To acknowledge that the financial and other assis+aace it would receive, as described herein would ba made possible, in part, by reasom 061ocal buaimmses, govetAmental entities, and citizens contributitg to support tha avoromic development efforts of GPEDC, Company agrees to be a good corporate citizatt and become a 7 Detrof! 370&119 1 0PEiDC in'v_-scot/ at a level of 37,500/year, tht fir3t akulual :Ji;tT1J:::lon :0 .)a paid upon ;ha e;tacution o; tha dennitive leasa agreeineiit for rhe Build;Uj a:ld "he PropelY. C. Adslidonal Commitments �)f the Parties 1. GPEDC, as anent for City and County, and Colno-any agree to negotiate in good Faith the terms of a lease agreeTnent for the Building and :I:e Property or. or before Jirne 30, 2014-. Failure to enter into the, lease agcaement within `I h time frame shall result in the termination of this iMOU and neither Party shall have ail; Nirt1^er liabilities or obligations to the other hereunder, Company shall lease the Bui!diiig and the Praperty for an initial term of ten (10) years with an option to renew for one (1) .tcditional term of ten (10) years. The lease shall commence on July 1, 2014 (the "Lease Cornrnencement Date"), with base rentals payments being paid by GPEDC from the Lease Cotnmencerrtent Date and terminating oil the Base Rent Commencement Date (September 1, 2015). Coirpany shall commence base Cental payments oil Sept=lt cr A. 2015 (the "Base Rent Cornrnence.ment Date"), The base rental rate shall be $289,000 per year. Base rentals shall be paid in advaltce in equal monthly installments commencing on the Lease Comnieucement Data. Also commencing on the Tease Commencement Date and contintiing during the term of the lease, Company shall timely pay, at its sole cost and expense, as adcditional rentals- any and all other eustoivary costs arishig out of the use and occupancy of the Building atld the Property, inctuclina without limitation maintenance, repair, insurance, utilities, and taxes. Any failure by GPEDC to pay the base rental payments described above shall not constitute a default by Company .order the ;ease. D. Condifigw to- using, The Patties acknowledge that Genova's execution of this IWOU is contingent upon the approval by the Come ionwealth of Kentucky approving the KEDFA incentives described above. The Parties acknowledge andagree that any obligations of the Parties to consummate the transactions contemplated under the terms of this MOU are expressly conditioned upon of the following: 1. ,Execution of a binding definitive lease agreement of the Building and (Le Property among City, County, and Compatzy on or before Ju,ue 30, 2011; 2. Execution and delivery by Corhpaay of all loan documents required in this MOU for fire Revolving Loan Credit Agreement on or before June 30,1014; 3. Approval of the K1=DFA incentives described above by the State of Kentucky; and =1. Approval by the governing legislative bodies of GPELC, City, and County of the terms of this Iv1OU and the consummation of the transactions contemplated under this MOU. Iii the event the condition is not satisfied or waived by the Parties hereto on or before June 30, 2014, this ivIOU shall terminate and thereafter neither Part,/ shall have any further liabilities or ovligations to the other hereunder. c«ro<< 3705414 t E Expensw, Except as of:tervise provided herein and Ile lefnitive doetimentatioll to be tnterzd among the Parties, Ciry and County, each Party shall be ;ssponsible for its own attorneys' fees and other costs and exp -Buses, anticipar.-d or orlterwise, F. Assignability, GPEDC may assign any or all of its tigbb and obligations nerewider to the City of Paducah, McCracken County, and/or ;he Padtucan ArlcCracken County Industrial Development Authority. 0. ovaruiu`r f aiy: C`nanternarts, Miscellaneous. Tills vIOU shall be governed by and construed in accordance with the la-lHs of the State of Kentucky, without regard rq any conlict of laws principles. Venue sisal[ be in the McCrackca Ci:,,uit Court. Tltis agreement may be executed in counterparts (including counterparts executad and transtuitted via Pax or e-mail),-ach of which shall be deemed an original but all of w!tich together shall constitute one and the same snstrument. Thus IvIOU shall continue in force and affect for the same term as rhe [ease agreement for the use and occupancy of the Propertf to be entered purstiacit to Us MOU. Ifany provision of this MOU shall be held invalid a3ider arty applicable laws, such invalidity shall not affect any other provision of this MOU (hart can be given affect without tile invalid provision, and, to this end, the provisions hereof are severable. ii. Effective Date. This MOU shall not become effective and binding until fully approved, executed, and delivered by all Parties hereto and City aad County. NVoiE 3'06419 1 LI'ICT --t lktai Olc-"NOV.,�PRODUCTS, I J?M419 t Titl�: f eS'iG{���' L� �1V giro?(3;661! i HAVE SE�`1 AND AGREED TO, CITY OF P —D iCAI, KENTUCKY Title, Date: v7 i IvsCCR�=EN CU ��.T`r, I EN P rCKV Title; Date: Z,..- ;?-5 - J ` DeIroil 3706419 Agenda Action Form Paducah City Commissior Meeting Date: 1 i July 2014 Short Title: 20142015 Law Enforcement Service Fee (LSF) Grart ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Notion Staff Work By: Captain Jason Merrick, Sheryl Chino Presentation By: Chief Brandon Barnhill, Steve Ervin Background Information: The Police Department desires to subnit a i_aw Enforcement Senjice Fee (LSF) Grant Application to the Kentucky Justice Cabinet in rder to operate a one year DUI Enforcement Program. , The 2014-2015 LSF project was awarded $8,271.00. The award ,viii cover 150 hours of overtime for police officers for DUI Enforcement. The grant period will be July 1, 2014 to June 30, 2015. Submiiial of the grant application was approved under municipal or'eri759. If the Commission desires to accept this grant award, it must autheii2e and direct the Mayor or Mayor's designee to sign all required grant application documents. Goal: []Strong Economy ® Quality Services❑ Vital Neighborhxd3[] Restored Downtowns Funds Available Project Title: Project #: File #: Account #: Budget: Source of f=unds Staff Recommendation: Approval Attachments: None 2015 LSF PO0081 6.261 001-1602-521.1201 $8,275,00 State Grant Stacey Grim Dep ent ead City Clerk an ger iM Finance Agenda Action Form Paducah City Commission Meeting Date: July 22, 2014 Short Title: Authorize an Agreement with Bacon Farmer Workman Engineering & Testing, Inc., for Engineering Design Services related to revisions of the Riverfront Phase 1-B 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 April 1, 2014, Paducah Riverfront Development Authority (PRDA) recommended to the City of Paducah Board of Commissioners that certain revisions be made to the Riverfront plans and specifications in order to reduce the overall cost of the Riverfront Phase 1-B Project. Upon reviewing the recommendations, the Board of Commissioners agreed with PRDA's recommended revisions to the Project. In order to proceed with the Riverfront Phase 1-B Project as recommended by PRDA (with the exception of including the sanitary wastewater system as required by the BIG grant), the Project plans and specifications are in need of being revised and updated by a professional engineer. To complete this engineering design task, Bacon Farmer Workman Engineering & Testing, Inc., (BFW), a local engineering firm, has submitted a cost estimate in the amount of $90,340.00. This cost estimate includes the revision of the plans and specifications and professional assistance during the bidding process. BFW is aware of the crucial timeline associated with the BIG grant and has agreed to expedite the revisions as soon as possible. When the plans and specifications are finalized by BFW and approved by the Kentucky Transportation Cabinet Office of Local Programs, the Project will be ready to advertise for receipt of bids. It is our desire that the Project be advertised this fall/winter, so that the gangway and transient dock can be manufactured during the printer months and then be installed next spring when the Ohio River levels are low enot:gh for construction. Goal: ®Strong Economy ®Quality Services ❑Vital Neighborhoods ®Restored Downtowns Funds Available: Account Name: Riverfront Development Phase I -B Finance Account Number: 040-3315-532-2307 Project DT0020 Agenda Action Fonn Staff Recommendation. Page To adopt an Ordinance authorizing the Mayor to execute a contract with Bacon Farmer Workman Engineering & Testing, Inc., in an amount not to exceed $90,340.00 for Engineering Design Services related to revisions of the Rive*ont Phase 1-B Project. Attachments: Proposal, Agreement IN Depart nt - e City Clerk City Manager ORDCI .A CE NO, 2014 -3 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT IN AN ANIOC:NT NOT TO EXCEED 590.340.00 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES RELATED TO REVISIONS OF THE RIVERFRONT PHASE 1-B PROJECT WHEREAS, on April 1. 201-4. Paducah Riverfront Development Authority (PRDA) recommended to the City of Paducah Board of Commissioners that certain revisions be made to the Riverfront Phase I -B Project (to be known as the "PROTECT") plans artd specifications in order to reduce the overall projected cost of the PRDJECT; and WHEREAS. upon reviewing the recommendations. the Board of Commissioners agreed with PRDA's recommended revisions to the PROJECT; and WHEREAS, in order to proceed with the PROJECT tsrecommended by PRDA (with the exception of including the sanitary wastewater system as .required by the BIG grant), the Project plans and specifications are in need of being revised andupdated by a professional engineer; and WHEREAS, the CONSULTANT has in its employ, ptrofessional persons experienced to provide engineering design services required to revise the PROJECT plans. BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECTION 1. That the Mayor of the City of Paducah is hereby authorized to execute an Engineering Service Agreement with Bacon Farmer Worlivian Engineering & Testing, bic.. in an amount not to exceed $90.340.00 for revisions ofthe Riverfront Phase I -B Project. SECTION 2. This expenditure shall be charged to Project Account DT0020. SECTION 3. This ordinance shall be read on two serarate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson. City Clerk Introduced by the Board of Commissioners July 22, 2014 Adopted by the Board of Commissioners August , 2014 Recorded by Tammara S. Sanderson. City Clerk, August , 2014 Published by The Paducah Sun, \ord\eng\contract-riverfront phase I -B AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES for the RIVERFRONT PHASE 1-B PROJECT THIS AGREEMENT, made and entered into this day of 2014, by and between the CITY OF PADUCAH, KENTUCKY (hereinafter called the "CITY") and BACON FARMER WORKMAN ENGINEERING & TESTING, INC., (hereinafter called the "CONSULTANT") for the consideration named, agree as follows: WHEREAS, on April 1, 2014, Paducah Riverfront Development Authority (PRDA) recommended to the City of Paducah Board of Commissioners that certain revisions be made to the Riverfront Phase 1-B Project (to be known as the "PROJECT") plans and specifications in order to reduce the overall projected cost of the PROJECT; and WHEREAS, upon reviewing the recommendations, the Board of Commissioners agreed with PRDA's recommended revisions to the PROJECT WHEREAS, in order to proceed with the PROJECT as recommended by PRDA (with the exception of including the sanitary wastewater system as required by the BIG grant), the Project plans and specifications are in need of being revised and updated by a professional engineer; and WHEREAS, the CONSULTANT has in its employ, professional persons experienced to provide engineering design services required to revise the PROJECT plans; NOW THEREFORE, the CITY and the CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.0 Services to be Provided: The CONSULTANT will perform engineering design services as related to the revision of the PROJECT plans and specifications and provide professional engineering assistance during the bidding process as outlined on the proposal submitted by the CONSULTANT noted as Attachment "A". The revision of the Project plans and specifications along with the Bidding assistance shall be in an amount not exceed $90,340.00 2.0 Standard of Care: In providing the Services under this Agreement, CONSULTANT will endeavor to perform in a manner consistent with the degree of care and skill ordinarily used by members of CONSULTANT's profession currently practicing under similar conditions at the same time and in the same locality. 3.0 CITY's Responsibilities: At CITY's expense, CITY shall furnish to CONSULTANT all data, reports, studies, drawings, permits, approvals and ether information reasonably required by CONSULTANT for performance of the Services. CITY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all such information furnished by or on behalf of CITY. CITY shall provide for CONSULTANT's right to enter the project site in order to perform the Services. CITY, upon learning of any errors, omissions or defects in the performance of the Services, shall promptly notify CONSULTANT and shall assist CONSULTANT in remedying any such errors, omissions or defects unless caused by CONSULTANT'S willful, malscious, or grossly negligent conduct. CITY shall at all times ensure the project site Is reasonably safe under the Page t Y 3 circumstances and free and clear of any hazardous materials_ 4.0 Ownership of Instruments of Service: All PROJECT Documents prepared by the CONSULTANT pursuant to this Agreement are to be corsidered instruments of service with respect to the PROJECT. The completed as -built plans, reports and documents required by the CITY shall become the property of the CITY. Their future use on any subsequent related projects will be for reference only. 5.0 Compensation: CITY shall pay CONSULTANT for the Services as shown herein. CONSULTANT shall prepare invoices in accordance with CONSULTANT's standard invoicing practices and shall submit such invoices to CITY on or about the 30th day of each month or such other date as mutually agreed to by both parties. Invoices shall be accompanied by all supporting documentation reasonably requested by CITY. CITY shall pay each invoice properly submitted by and due CONSULTANT within 30 days. In the event of any suspension or termination of this Agreement, CONSULTANT shall be entitled to invoice CITY and shall be paid for the Services performed and incurred through the effective date of suspension or termination. 6.0 Termination by Either Partv: If either party breaches a material provision of this Agreement through no fault of the other party and fails to cure such breach within thirty days after receiving written notice of the breach from the non -breaching party, the non -breaching party may terminate this Agreement upon notice to the breaching party. The right to terminate under this Section shall be in addition to, and not in lieu of, all other rights and remedies the non -breaching party may have at law or in equity. 7.0 Force Majeure: If any default or delay occurs which prevents or materially impairs a party's performance and is due to a cause beyond the party's reasonable control, and provided that the default or delay is not caused by the fault of such party, including but not limited to an act of God, flood, fire, explosion, earthquake, war, terrorism, revolution, civil commotion, blockade or embargo, the affected party shall promptly notify the other party in writing of such cause and shall exercise diligent efforts to resume performance under this Agreement as soon as possible. Neither party will be liable to the other party for any loss or damage due to such cause. Either party may terminate this Agreement because of such default or delay upon thirty days prior written notice to the other party if the default or delay has existed for 90 days and is continuing at the end of the thirty day notice period. 8.0 Indemnification: CONSULTANT covenants and agrees to indemnify, hold harmless and render whole the CITY for any loss, cost, and expense, including attorney fees, which are incurred by the CITY for reason of the CONSULTANT's failure to properly perform under this agreement. Additionally, it is expressly agreed and understood that CONSULTANT shall at all times indemnify and save the CITY harmless from any and all loss or damage which may be sustained by the CITY by reason of any negligent act or omission committed by CONSULTANT, and/or its employees and agents, in the performance of its work hereunder. CONSULTANT shall indemnify and save the CITY harmless from any and all claims, demands, and causes of action arising either directly or indirectly from any of such negligent act or omission including but not limited to claims by third parties for property damage or personal injury. Notwithstanding the foregoing provisions, in the event loss or damage incurred by the CITY or claims, demands, or causes of action asserted against the CITY is attributable, in part, to the negligence of the CITY, through its employees and agents, the foregoing ,provisions shall not apply, but rather, the parties shall have such rights and remedies as provided by law. Said indemnification shall also include reimbursement to the CITY for any attorney fees and court costs incurred by the CITY by reason of making a claim for loss or damage or by Page 2 :f 3 reason of the assertion of any claims, demands, or causes of action against it, provided, however, that in the event such attorney fees and costs ofthe CITY are reimbursed or paid by any insurance carrier, the foregoing provision shall not apply. 9.0 Non -Binding Mediation: If a good faith effort to resolve a dispute on terms satisfactory to both parties is unsuccessful, CITY and CONSULTANT may submit the dispute to non-binding mediation to be held in Paducah, Kentucky, unless the parties mutually agree otherwise. 10.0 Governing Law: The parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky, 11.0 Total Agreements This Agreement, together with the exhibits attached hereto and permitted amendments, constitutes the entire Agreement between CITY and CONSULTANT and supersedes all prior written or oral understandings. This Agreement may only be amended by a duly executed written instrument signed by all parties involved. Neither party shall transfer or assign any rights under or interest in this Agreement without the prior written consent of the other party. CONSULTANT's use of sub -consultants shall not be considered an assignment for purposes of this Agreement; however, if CONSULTANT plans to utilize the services of a sub -consultant, the CONSULTANT shall seek the CITY'S approval prior to such use. 12.0 Independent Contractors: The relationship of the parties is that of independent contractors and neither party will incur any debts or make any commitments for the other party except to the extent expressly provided in this Agreement. Nothing in this Agreement is intended to create or will be construed as creating between the parties the relationship of joint ventures, co-partners, employer/employee or principal and agent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. BACON FARMER WORKMAN ENGINEERING & TESTING, INC. BY MA Workman Executive Vice President ADDRESS: 500 South 17th Street Post Office Box 120 Paducah, Kentucky 42002-0120 Page 3 ai 3 CITY OF PADUCAH, KENTUCKY M. Gayle Kaler Mayor ADDRESS: Post Cffice Box 2267 Paducah, Kentucky 42002-2267 Me ATTACHMENT "A" PAGE 1 OF 5 BFW Engineering & Testing Redesign Engineering Services 1 Revise all land based plans and specs to reflect the condensed project site and depict work included in this project phase and future projects $ 181000.00 2 Review / Coordinate all sub consultant drawings and specifications for construction item coordination and continuity $ 6,500.00 3 Prepare USACE permitting drawings for new location of electrical and fuel service floodwall crossing $ - 4 Provide Topographic survey for required new crossing location and fuel storage tank location tank $ 1,600.00 5 Provide Structural drafting of GKS engineering modification to existing gangplank, support platform and transient pier/wave attenuator $ 2,500.00 6 Provide Structural design and drafting of land based electrical components of new electric service $ 4,000.00 7 Coordinate with City and assist in KYTC approval of plans and specifications for Grant Funds $ 2,500.00 8 Project Kickoff meeting with consultants and owner $ 1,200.00 $ 36,300.00 Bid Phase Services 1 Attend on site pre bid conference $ 4S0.00 2 Through City, respond and coordinate sub consultant responses to bidder's technical questions prior to bid date $ 1,200-00 3 Prepare technical addenda, for client distribution, to bid documents as necessary to clarify document intent $ 1,000.00 $ 2,650.00 Construction Phase Services 1 Consult with and advise client, review and approve shop drawings, samples and other data for conformance with contract documents intent, Respond to RFI's, Review 0&M $ 7,220.00 4 Substantial completion / punch list review $ 840.00 5 Closeout / As built drawing package $ 1,500.00 $ 9,560,00 BFW Total $ 48,510.00 ATTACHMENT "A" PAGE 2 OF 5 Red Barn Design & Engineering rev 7-12 14 Redesign Engineering Services 1 Revised Floating Fuel Pier and Breakwaters 2 Revised sanitary pump out system to work per the revised floating breakwater structure geometry 4 Coordinate Fuel Attendant Building utilities with building architect. Attendant building and building architect will be the responsibility of the client. 5 Attendant 3 one day project kick off meeting oCoordinate with the OS Coast Guard and prepare and submit on behalf of the City the Private Aids to Navigation forms and submittal exhibits 7 Revise technical specifications as necessary for redesign efforts $ 19,020.00 Bid Phase Services I Attend on site pre bid conference 2 Through client, respond through bidder's technical questions prior to bid date 3 Prepare technical addenda, for client distribution, to bid documents as necessary to clarify document intent $ 920.00 Construction Phase Services 1 Consult with and advise client 2 Review and approve shop drawings, samples and other data for conformance with contract documents intent 3 Issue interpretations and clarifications of the construction documents and prepare work directive changes and change orders as required 4 Evaluate and determine the acceptability of the substitute materials and equipment proposed by the Contractor S Make site visits at appropriate intervals to observe the progress and quality of the various aspects of the contractors work. 4 - 1/2 day site visits for and assumed !2 week construction period 6 Office related Construction Management, •esponses to BFI's and Client/ Contractor questions. 7 Receive and review 0 & M manuals, schedules, guarantees, bonds and certificates of inspection, tests and approval which are to be assembled by the contractor. 8 One day Substantial Completion inspection visit and prepare punch lists of incomplete / unacceptable work. $ 18,970.00 Red Ba -n Total $ 38,910.00 ATTACHMENT "A" PAGE 3 OF 5 ATTACHMENT "A" PAGE 4 OF 5 GKS Engineering Redesign Engineering Services 1 Review the gangplank support platform and associated details and modify and expand as necessary 2 Review the transient pier/ wave attenuator and associated details and modify and expand upon as necessary 3 Review and modify the technical specifications associated with the gang plank support platform and transient per/wave attenuator 5 Attend a one day project kick off meeting Bid Phase Services 2 Through client, respond through bidder's technical questions prior to bid date 3 Prepare technical addenda, for client distribution, to bid documents as necessary to clarify document intent $ 7,850.00 Construction Phase Services 1 Consult with and advise client 2 Review and approve shop drawings, samples and other data for conformance with contract documents intent 3 Issue interpretations and clarifications of the construction documents and prepare work directive changes and change orders as required 5 Make 3 site visits at appropriate intervals to observe the progress and quality of the various aspects of the contractors work. $ 10,950.00 GKS Engineering Total $ 181800.00 ATTACHMENT "A" PAGE 4 OF 5 Marcum Engineering Redesign Engineering Services 1 Revise water and electrical service at shore to account for site changes and flood wall crossing point 2 Revise site lighting to reflect site development and phasing of work 3 Develop new flood wall crossing permit documents 4 Revise site lighting plans to reflect civil changes and project phasing 5 Revise dock systems and details to delete the original dock house MEP requirements and re -configuration of fuel system 6 Develop plans and details for a new head dock equipment enclosure to house electrical equipment 7 Revise technical specifications to coordinate with re- design. Provide technical support and document clarifications related to construction activities 8 Project Kickoff meeting with consultants and owner $ 22,125.00 Bid Phase Services 1 Attend on site pre bid conference 2 Through City, respond and coordinate sub consultant responses to bidder's technical questions prior to bid date 3 Prepare technical addenda, for client distribution, to bid documents as necessary to clarify document intent $ 1,475.00 Construction Phase Services 1 Provide monthly inspections and attend construction progress meetings, technical responses during construction Marcum Total $ 29,500.00 ATTACHMENT "A" PAGE 5 OF 5 Agenda Action Foran Paducah City CoMMisSiDll vieeting Date: Juy 22, 2013 Short Title. Accept proposed premiums from the Kentucky League of Cities Cor Workers' Compensation, Liability Insurance and Property Insurance Coverage. Total cost of all premiums is $951,770.62, i17Ordinance ❑ Emergency ❑ Municipal Order F-1 Resolution 0 Motion Staff Work By: Cindy Medford Presentation By: Cindy Medford Background Information: Each year the City of Paducah receives from the Kentucky League of Cities the invoices for payment of premiums to cover these areas. Total Fiscal Year 2014-2015 (FY 2015) premiums are for the following: (1) Workers' Compensation $307;604.07, (2) Liability Insurance $500,094.405 (3) Property Insurance Coverage $144,072.15. J, Carroll Convention Center to reimburse $33,447 for property expenses associated with coverage of Expo and Convention Center in absence of executable hotel lease agreement. Goal ZStrong Economy Z Quality Services[:] Vital Neighbor�oods❑ Restored Downtowns Funds Available: Account Name: Insurance Fund7�/ 0/10/ Account Number: 072 Finance Staff Recommendation. That the Mayor and Commission approve the proposed premium rates for Workers' Compensation, Property and Liability insurance from the Kentucky League of Cities for FY 2015. Attachments: Premium Invoices for Workers' Compensation, Liability and Property Insurance. D partment Head I City Clerk i CityXtanager ORDINANCE NO. 2014 -5 - AN ORDCNANCE :AUTHORIZING THE FINA\ CE DIRECTOR TO P.AY' KENTUCKY LEAGUE OF CITIES FOR WORKERS' COMPENSATION, LIABILITY INSURANCE. AND PROPERTY INSURANCE COVERAGE FOR THE CITY OF PADUCAH BE IT ORDAINED BY THE CITY OF PADUC.kFI. KENTUCKY: SECTION L That the City of Paducah hereby authorizes (fie Finance Director to pay Kentucky League of Cities in the total amount of S95 1.770.62 for Workers' Compensation, Liability Insurance, xid Property Insurance Coverage for the City of Paducah for Fiscal Year ending June 30, 3015, for the fo lowing policies: account. Workers' Compensation S307,604.07 '• Liability Insurance 5500.094.40 Property Insurance S 144.072.15 SECTION 2. This expenditure shall be charged to the insurance Fund SECTION 3. This ordinance shall be read on L o separate days and will become effective upon summitry publication pursuant to KRS Cltapter 424. Yiayor .ATTEST; Tannnara S. Sanderson. City Clerk Introduced by the Board of Commissioners. July 22. 2014 Adopted by the Board of Commissioners. August . 2014 Recorded by Tammara S. Sanderson. City Clerk, ,August 2014 Published by The Paducah Sun, \ord\pers\insurance — klc fy2015 Workers' Compensation Invoice Insurance Services j.'?V;C Or is .: :ENTUC<Y LE . LE Of CMFS F.E.I.N. 61-1238903 Make check payable and mail to: Telephone: (800) 8764552 Kentucky League of Cities Insurance Services (859) 977.3700 P.O. Box 34106 Lexington, KY 40588 City Of Paducah P. O. Box 2267 Paducah, KY 42002 Invoice Number: W5429-2012-12175-0 Date: 5/22/2014 Policy Number and Description Amount Policy Period: 7!1!2014-7!112015 S 307,604.07 Policy Number: W5429-2012-12175 A 5% late charge will be assessed on all late payments. Unless Payment is received when due, coverage provided by this policy may be cancelled for non-payment retroactive to the beginning of the policy inception date. Amount Due By 711612014 S 307,604.07 Peel & Holland (Riley) PO Box 427 Benton, KY 42025 "Return Origilna9 With Payment' Insurance Services A SEkvr _ CF SHE KENTUCKY LEAGUE OF arcs F.E.I.N. 61-1238903 Telephone: (800) 876.4552 (859) 977-3700 City Of Paducah P. O. Box 2267 Paducah, KY 42002 Property Invoice Make check payable and mail to: Kentucky League of Cities Insurance Services P.O. Box 34108 Lexington, KY 40588 Invoice Number: P5429-2012-12176-0 Date: 5/22/2014 Policy Number and Description Amount Policy Period; 71112014-711!2015 Policy Number: P5429-2012-12176 $ 144,072.15 A 5% late charge will be assessed on all late payments. Unless Payment is received when due, coverage provided bythis policy may be cancelled for non-payment retroactive to the beginning of the policy inception date. Amount Due By 7/16/2014 $ 144,072.15 Peel & Holland (Riley) PO Box 427 Benton, KY 42025 Return Original With Payment' P5429-2012-121 Insurance Services 1 ",, f:.:C.- OF THF KE.VTUC,<Y �EAGUE OF CITI_i F.E.I.N. 61-1238903 Telephone: (800) 876-4552 (859) 977-3700 City Of Paducah P. 0. Box 2267 Paducah, KY 42002 Liability Invoice Make check payable and mail to: Kentucky League of Cities Insurance Services P.O. Box 34908 Lexington, KY 40588 Invoice Number: L5429-2012-12178-0 Date: 5/22/2014 Policy Plumber and Description Amount Policy Period: 711/2014-7/1/2015 Policy (dumber: L5429-2012.12178 $ 500,094.40 A 5% late charge will be assessed on all late payments. Unless Payment is received when due, coverage provided by this policy may be cancelled for non-payment retroactive to the beginning of the policy inception date, Amount Due By 711812014 $ 500,094.40 Peel & Holland (Riley) PO Box 427 Benton, KY 42025 ***Return Original With Payment` 9-2012-12178 J P .Reda Action Form Paducah City Commission \leetIng Date: JtiI� ». � 014 Short Title: Annexation of property owned by L& H Properties Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background In'forma'tion: The intent of this agenda item is to adopt intent to annex ordinance for property located at 2711 New Holt Road. This is a consensual annexation. The property owner L&H Properties has requested the annexation. The property is contiguous to the Cite limits of Paducah. Independence Bank is planning on constructinn a new banking, facility at this location. After the intent to annex ordinance is approved, a public hearing will be held with the Planning Commission to .assign zoning. All annexation ordinance and zone chance ordinance will be intn_�&Iced b%- the Citi Commission following the public hear1110. Goal.-® Strong Ecottom\❑ Qualit\ Ser%Ices❑ Vital Veighburhoods❑ Restored Do\\I)tO\\ni Funds Available; Account Name: Account: Nurnbet : Finance Staff Recommendation: Appro\ e intent to annex ordinance Attachments: Annexation Plat R-Nuest Cor Annexation LI--ttCn- Department Head City Clerk Cit`? I'vianager S2�3i; 1-1/41.p" SUE 7.55.ii ;I00 SOut� Soh Stmet Paducah, Xy, 42001 R s, Natjtg of Intent 0 Amex Tht tnCt of :ISM 18eatad at 2711 NIS MOI$ Rd, Paducah XY 4,1001 is partia3ij I-jcaieJ yvtNn the dTy Ilmlts & Paducah. i?a pwrca� Is ua it mona wO 1-Idap njsma Bank and )n Order rovkhe SIte plan to be apgv5 vd thr'Ough, the ;; lenm3ng wfmlssian JgMar to the Pu7,chase of this pra te; -2 `l01mai "Mo -lice of 1 �t�rt3 to Amfle)e Must be filled by the •2urrernt own eri and r?hi&Wed by The dry Please • Ccept this form at ov hwmM N'Otiel 6f lltant W UAW. 1&:M pr sties UlPs'`� Hui G0192�OA123 i M We M, W J+,dd'�S 'a ;opa=L S - ;sir Agenda Action Form Paducah City Commission Meeting Date: Jule 22, 2014 Short Title: Upper Story- Residential Grant Program Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ei-vin Presentation By: Stephen Ervin Background Information: The intent of this agenda item is to adopt an ordinance establishing the Upper Story Residential Grant Program. Property owners within a defined area (Map#l) v% -ill be eligible to apply for financial assistance that shall not exceed 20% of the construction costs or a maximum of $ I 5.000.00 per Upper Story Residential Rental Unit. The ordinance directs the Director of Planning to administer the program. and grants authority- to the Urban Renewal & Community Development .agency (URCDA) to oversee the allocation of funds tip to $60,000. Funds Available: Motion: Attachments: Account Name: Upper Story Residential Grant Program Finance Account Number: DT0033 r��D`=partm� ent Head City Clerk City Manager ORDINANCE NO. 2014- A. ORDINANCE ESTABLISHING AND APPROVING THE UPPER STORY RESIDENTIAL GRANT PROGRAM AND AUTHORIZING THE DIRECTOR OF PLANNING TO ADMINISTER THE PROGRAM AND PROVIDE FINANCIAL ASSISTANCE TO ELIGIBLE APPLICANTS FOR CO,1ZPILETION OF INCOME PRODUCING RESIDENTIAL UNITS IN HISTORIC DONNNTOWN PADUCAH. WHEREAS, the City of Paducah desires the proper and orderly development or redevelopment of vacant, orphaned, or underutilized residential properties located within its corporate boundaries and insuring the integrity and quality of its .xisting 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 and orderly development or redevelopment of vacant, orphaned, or underutilized commercial, residential properties located within its corporate boundaries, and WHEREAS, the City of Paducah desires to prornote the irnitabitation of upper story unused space within buildings located within the Historic Downtown or construction of new residential units on vacant land within the Historic Downtown: aird WHEREAS, new residential rehabilitation will act as a catalyst to preserve the structures within the Historic Downtown. WHEREAS, the City of Paducah desires to commit funds for the establishment of the Upper Story Residential Grant Program (the '`Program'), which will be utilized to accomplish the goals of the City- of Paducah by providing funds to eligible applicants for the purpose of building new residential/commercial structures or rehabilitating existing structures in the Historic Downtown for residential use. and WHEREAS, this Program will encourage new residential units located in the Historic Downtown where infrastructure and services are in place and promote quality residential redevelopment consistent with the character of the adjacent strucsurzs. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: ARTICLE [ Section I Title t .1 This ordinance shall be known and may be cited as the "Upper Story Residential Grant Program (USRG)" Ordinance of the City of Paducah". Section 2 Purpose 2.1 This ordinance is intended to facilitate new residential units on the upper floors of new or existing structures by property owners within the Historic Downtown (N,/lap #1). It will encourage the inhabitation of this unused space within the downtown area and serve as a catalyst to preserve the structures that give downtown Paducah its unique sense of place Section 3 Definitions 3.1 Project Manager. The Director of Planning or his designee. 3.2 Upper Story Residential Rental Unit. A self-contained housing unit that occupies only part of a building. 3.3 URCDA. Urban Renewal and Community Development Ageaev Section 4 General Provisions 4.1 Eligibility a. Applications for a grant under the Program will be reviewed by the Project Manager upon the criteria outlined herein to detennine eligibility. b. All property receiving the financial assistance under the Program shall be located within the Historic Downtown (%Map 41). c. Program parameters include: The USRG Program will target structures that have vacant upper stories or upper stories that are part of new construction. The grant portion of the project must be for the interior renovation of an existing building only or the construction of new upper story residential units. 3. All required permits (i.e. zoning, building, etc.) must have been obtained and the property must be free of liens and all property taxes must be paid. 4. Third party construction estimates by a qualified contractor and owner's proof of financial ability- to complete the project will be required. Each grant shall not exceed 20% of the total Upper Story Residential Rental Unit costs or 20% of building permit received from the City of Paducah Fire Prevention Division. A maximum of $15,000 per Upper Story Residential Rental Unit will be allocated. Upper Story Residential Unit costs shall be determined 6. A City of Paducah letter of financial commitment will be given to the owner upon final approval of the grant by URCDA or City Commission. 7. Eligible buildings shall have upon completion of project, a sustainable leak proof roofing system. All projects shall comply with all applicable building codes, All projects shall be completed within one N) year of the date that the grant is awarded. Any extension beyond one (1) year must be requested by the owner and approved by the Urban Renewal and Community Development Agency (URCDA). 10. Proof of builders risk insurance must accompany each application, 11. Sketches, drawings, architectural plans, Photoshop renderings or other similar visuals that will provide the Main Street Design Committee and URCDA with sufficient information to evaluate the improvements being proposed. 12. A sample board that shows proposed materials and finishes must accompany the application, 13. All projects funded by the USRG shall meet the following minimum required materials and finishes, i. Walls/Interior: interior should be of a "finished" quality. N[aterials should be exposed brick, finished plaster or smooth finished sheetrock with baseboard, crown and door moldings as appropriate to the design of the space. ii. Floors: Refinished or new installed hardwoods, cork, bamboo. minimum 8 mm laminates, floatino, or engineered floors, polished, stained or sealed concrete, ceramic tiles or stone in baths and kitchens. No vinyl flooring. iii. Countertops: Solid surface, stone, granite, sealed concrete, or stainless steel. No laminate. iv. Appliances should be new and energy -star rated. v. Windows: Windows should be treated according to the Secretary of Interior Standards and efforts should be made to make them as energy-efficient as possible. vi. Hardware: Faucets, cabinet hardware and light fixtures should be either of new and higher quality or bc refurbished vintage fixtures of higher quality. Section 5 Administration 5.1 Staff a. The Project Manager shall perform the following duties: 1. Preparation of the necessary applications, financial statements, a summary of the commitments to the rules and regulations of the program, and such other forms to be executed in administering the progratr. The appropriate forms shall include, along with other data deemed appropriate, Upper Story Residential Grant Program application, verified proof of all ownership interests and financial qualifications. 2. Review the eligibility of the applicant based on the requirements of this ordinance, review- the data provided on the fon-ns required as part of the application procedure and make a recommendation to the URCDA. 3. Maintain a list of approved contractors based upon satisfactory references on past work performed. 4. Determine whether the proposed work to be performed meets the parameters of this ordinance and whether the cost to complete that work is reasonable. Said determination shall be in writing and kept on File as part of the application. 5. Conduct appropriate, periodic inspections of the work being done and, when satisfactorily completed, issue a certificate of compliance bearing the date the certificate was issued. A copy of this certificate shall be kept as part of the file. 5.2 Funding a. -rhe City of Paducah may make annual budgetary appropriation as it deems necessary to fund the program established by this ordinance and the administrative costs associated therewith. 4 Section 6 Procedures for Making Application, Review and Approval 6.l Application a, Applications will only be accepted as fiends are available. Third party construction estimates and proof of financial ability from a qualified financial institution will be required. b. Applications and other required forms shall be made available at the Department of Planning. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There may be no fee for filing an application. 6.2 Review a. The Project Manager shall determine the completeness of the application. Incomplete applications will not be processed. b. Upon a detennination of completeness, the Project ivlanager shall make a determination as to whether the applicant meets the eligibility criteria under the Program. c. Upon a determination that the applicant is eligible under the Program, the Project Manager shall forward the application to the Main Street Design Committee if it is detennined that the exterior portions of the structure that are ordinarily visible from the public right of way are being altered. The Design Committee shall make design recommendations to the applicant within 15 days of receipt of the application and forward the application to the URCDA. If the design committee fails to review and forward the URCDA within 15 days, the application will be forwarded directly to the URCDA for review by the project manager. d. Upon a determination that the applicant is eligible under the Program, and no exterior modifications are being completed that are visible from the public right of way; the Project Manager shall forward the application to the Urban Renewal & Community Development Agency (URCDA) for consideration. e. If multiple applications are received, the URCDA will review rankings in accordance with the following criteria to determine applicant's eligibility. I . Total private investment of residential rehabilitation project. 25% 2. Contributing structure on the National Register of Historic Places. 25% 3. Rehabilitation in compliance with the National Parks Secretary_ of the Interiors Standards. 25% 4. Capital commitment of owner to rehabilitate remaining structure (facade, roof, retail space). 25% f. URCDA shall have the authority to approve all multi -unit projects that do not exceed $60,000 in Upper Story Residential Grant funds. Projects in excess of $60,000 of 5 Upper Story Residential Investment Grant funds will be forwarded to the Cite Commission for approval. g. Grant awards may be given based on availability of finds. 6.4 Property Owners Obligations upon Grant approval from the City of Paducah. Property Owner shall deliver to the Project iVlanager the following documents in fully executed form: a. A duly executed construction contract between the Property owner and the approved contractor outlining the rehabilitation work to be performed, the cost to be incurred, including an arnount for retainage to assure the acceptable completion of the constriction, and the time of performance. This contract must be reviewed by; and acceptable to the Project Manager. b. Any other documents which may be requested by the Project Manager upon approval. 6.5 Disbursement of Grant. a. Subject to the terms and conditions hereinafter provided, the property owner shall be entitled to draw proceeds from the grant when 100% of rehabilitation work has been completed. Under no circumstance will funds be advanced. However. notwithstanding the foregoing, disbursement shall only be made when the following condition precedents shall have been satisfied: 1. The Property Owner shall submit for the Project Manager's review a written request for reimbursement. The written request shall be signed by both the approved contractor and the Property Owner. 2. The Property Owner shall provide to Project Manager a certification executed by the approved contractor which shall certify the aforesaid costs incurred in the construction process have been paid in full. 3. The Property Owner shall provide to Project Manager interim mechanicsor materialmen lien waivers to be executed by the approved contractor, subcontractors, materialmen and/or their employees or agents. 4. The Project Manager has verified that the construction is in accordance with building and construction plans and specifications. 5. The Property Owner has complied with the teens of this ordinance. rel b. in the event all of the foregoing condition precedents are fully satisfied, the Project Manager shall within ten (10) business days following date of request remit directly to the approved applicant the permitted amount of draw. c. In the event all of the foregoing condition precedents are not fully satisfied, the Project Manager shall have the right, at his discretion, to refuse the request in total until such time as all condition precedents are satisfied, or pay such portion of the request that the Project Manager deems appropriate. Additionally, the Project ivlanager shall have the right to pay the grant proceeds directly to any creditors who have provided labor or materials for the construction or the rehabilitation work, vi hick payments shall be deemed for and in behalf of the Property Owner and as a part of the grant hereunder. The Project Manager's determination shall be binding and final upon the Property Owner and the approved contractor. 6.6 Issuance of Certificate of Completion. Following completion of the work, the Project Manager shall inspect the Upper Story Residential Units and certify whether or not the work has been satisfactorily completed. If the work is sufficient, a Certificate of Completion shall be issued. ARTICLE II If any section, subparagraph, sentence, clause or phrase of this Ordinance shall be held to be invalid, such decision shall not invalidate the remaining portion of this Ordinance. ARTICLE III All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed. ARTICLE IV This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 421. MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners, 52014 Adopted by the Board of Commissioners, , 201 Recorded by City Clerk, , 2014 Published by The Paducah Stns, , 2014 Agenda Action Form Paducah City Commission Meeting Date: 22 July 2011 Short Title: Office of Highway Safety --- "Heads Up Don't Be In'text'icated" Mini - Grant Program - AMENDMENT ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Donald Hodgson; Sheryl Chino Presentation By: Chief Brandon Barnhill; Steve Ervin Background Information: Under Ordinance 2014-5-8136, The Cornnission authorized the execution of a grant agreement in the amount of $21,000 with the KY Office of Highway Safety. This grant will be in the form of a mini -grant used to present the "Heads Up Don't Be In'text'icated" program. The grant agreement amount has been increased to $24,000. An approval by the City Commission is necessary to amend the ordinance to increase the grant amount from $21,000 to $24,000. Goal: ❑Strong Economy ❑ Quality Services El Vital Neighborhoods ❑ Restored Downtowns Funds Available. Project Name: Hwy Sfty — Intext Project #: P00080 Finance File #: 6.257 Acct. #: 001-1602-521.12-01 Budget: $24,000 Source of Funds: Grant, No local match required. Staff Recommendation: Approval Attachments: None Department Head City Clerk 6ty Manager ORD[N'.A,NCE NO. 2pl4-8- AN ORDINANCE-MENDLNG ORD12NANCE NO. 2014-5-9 136 ENTITLED. "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE X GRANT AGREEMENT AND ALL DOCUtMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF H[GMVAY SAFETY FOR THE';HEADS UP DON'T BE [N'TEXT'ICATED" �[IN[-GRANT PROGRAtM" WHEREAS. the City of Paducah applied For a reimbursement _rant through ill,- Kentucky he Kentucky Office of Highway Safety by Municipal Order No. 1754 on January 28. 3014, for the -'Heads Up Don't Be In'text''icated" Program presentee[ by the Paducah Police Department. and WHEREAS, the Kentucky Office of Highway Safety his approved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a Grant Agreement, and all documents relating thereto, with the Kentucky Office of Highway Safety in the amount of $21,000.0 S24,000.00 for the presentation of the "Heads Up Don't Be In -text' icated" pro,rant presented by the Paducah Polio Department. No local cash match is required, SECTION 2. This expenditure shall be charged to Project: Account No. P00080. SECTION 3. This ordinance shall be read on two sefrtrate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson. City Clerk Introduced by the Board of Commissioners. July 22. 2014 Adopted by the Board of Commissioners, August 2014 Recorded by Taromara S. Sanderson. City Clerk. August , 2014 Published by The Paducah Stun, ord\.plan`-ants\police- I-ti0 aySafen-in'test'icated 3-2014 Agenda Action Form Paducah City Commission Nleeting Date: July 22, 2013 Short Title: Approve execution of related documents to finatize the settlement of the insurance claim and purchase of the reserved life estate on ttie real property at 5065 Concord Avenue in Paducah with Allstate [nsurance Company and Betty J. Owens. ®Ordinance ❑ Emergency ❑ k1unicipal Order ❑ Resoltition ❑ Lklotion Staff Work By: Glenn Denton, Jeff Pederson Presentation By: Jeff Pederson Background Information: The City entered into a purchase agreement to purchase the property located at 5065 Concord Avenue in Paducah, LkIcCracken County from Betty Owens in 2013. Pursuant to this agreement Nts. Owens reserved a life estate in order to continue to live in her home. On December 9, 2013, a fire erupted destroying the home located on the property and its contents. A dispute arose between Betty J. Owens, Allstate lusurance Company and the City of Paducah as to the insurance proceeds. After lengthy negotiations, a settlement has been reached to receive all of the insurance proceeds and to purchase and extin;uish the life estate. The attached documents when executed, will settle any and all claims existing between Allstate Insurance Company, Betty J. Owens and the City of Paducah. Goal: ®Strom Economy ❑ Quality Services® Vital Neighboi-hoods[] Restored Downtowns Funds Available: Account Name: Insurance Fund 7/j� Account Number: --W srt"t>oz-7 Finance Staff Recommendation: That the ytayor and Commission approve the proposed documents for execution and settlement of claims associated with the property and life estate at 5065 Concord Avenue. Attachments: Settlement Agreement and Release, Purchasc .agreement and Release, Quitclaim Deed Department Head City Clerk City Manager ORD[NANCE NO. 3011 -8 - AN ORDINANCE AUTHORIZING AND APPROVING A SETTLEMENT, RELEASE, AND PURCHASE PERTAINING TO THE REAL PROPERTY LOCATED AT 5063 CONCORD AVENLE, PADUCAH, McCRACKEN COUNTY, KENTUCKY INVOLVING BETTY J. 01VENS AND ALLSTATE INSURANCE COMPANY WHEREAS. in 2013, the Board of Commissioners of the Cir: of Paducah previously determined that it was necessary, appropriate, and in the best interest of the City to purchase the real property located at 3063 Concord avenue, Paducah, McCracken County. Kentucky which is more particularly described on Exhibit "A," attached hereto (the "Property') for purposes of the Olivet Church Road Improvement Project (the 'Public Project-): and WHEREAS. Betty J. Owens reserved a life estate oil said property in order to live in her hone located thereon: and WHEREAS, the City of Paducalt and Betty J. Owens had certain contractual obligations pertaining to that transaction and the retention of her lifeestate; and WHEREAS, on December 9. 2013, a fire erupted at the property destroying Betty J. Owens' home and its contents: and NIMEREAS, the City of Paducah. Allstate Insuranceand Betty J. Owens have conte to terms to settle and release any and all claims pertaining to the (ire and to extinguish the life estate reserved by Betty J. Owens: WHEREAS, the Board of Commissioners of the Cin of Paducah wishes to resolve this matter, collect the insurance proceeds and extinguish die life estate. and has determined that the execution of Settlement Agreement and Release. Purchase Agreement amid Release and Quitclaim Deed is in the best interest of the City. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. The Board of Commissioners of the Cite of Paducah hereby approves and consents to file execution of the Settlement Agreement and Release. Purchase Agreement and Release and Quitclaim Deed in exchange for the receiptof the insurance proceeds of 5109,093.69. phis an additional 53.000 for demolition costs. plus a release of all contractual obligations between the City of Paducah and Betty J. O�rens and the release of the reserved life estate. It is hereby found and determined that the transaction completes the acquisition of the property to be used for public purposes of the City. It is further determined that the Mayor, on behalf of the City of Paducah, Kentucky. is hereby authorized to execute the transaction documents and any other documents necessary to accomplish and consummate the settlement and purchase: in accordance with this Ordinance. SECTION 3. That the Board of Commissioners of the City of Paducah authorizes the purchase of the life estate reserved by Betty J. Owens in the amount of 5.43.959.00 as set out in the Purchase Agreement and Quitclaim Deed from Owens to Cityof Paducah. SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 2 from project account SECTION 1. Corporate Counsel is hereby authorized roconduct such due diligence and investigation as it deems necessary and in the best interest of the City. Further Corporate Counsel is authorized to prepare the quitclaim deed, closittg statement and any other documents necessary to accomplish and consummate the settlement. release, purchase and acquisition between the City• Allstate and Owens in accordance with this Ordinance. SECTION 5. 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 6. This City Commission hereby finds and determines that all formal actions relative to die adoption of this Ordinance were taken in an open rneeting of this City Commission. and that all deliberations of this City Commission and of its committees. if any. which resulted in formai action, were in meetings open to the public. in full compliance with applicable legal requirements. SECTION 7. All ordinances, resolutions, orders or partstliereof in contlicr 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 S. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. (MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners, July 22, 2011. Adopted by the Board of Commissioners, August 2011. Recorded by City Clerk, August 2011. Published by The Paducah Sun. 2011. \ord\agree•owens property -065 concord ave 2 EXHIBIT "A" BEING LOTS 22 AND 23 N THE CHARLES L. KINDRED SUBDIVISION AS SHOWN' BY PLAT OF RECORD IN PLAT BOOK "G". PAGE 93. [NTHE MCCRACKEN COUNTY CLERK'S OFFICE. BEING THE SANTE PROPERTY CONVEYED TO KENNETH OWENS AND WIFE, BETTY J. OWENS, BY DEED DATED JUNE 14. 1966, OF RECORD N DEED BOOK 478. PACE 510. IN THE IICCRACKEN COUNTY CLERK'S OFFICE. KENNFETH OWENS, DECEASED, DIED ON OR ABOUT .APRIL 24, 3013. AND BY VIRTUE OF TILE SURVIVORSHIP CLAUSE LT TETE AFORESAID DEED FEE TITLE VESTED IN BETTY J. Ct ENS.