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CCMPacket2016-09-13
CITY COMMISSION MEETING AGENDA FOR SEPYE, M13ER 13, 2016 S:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FJ' TH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONSIDELETIONS I. MINUTES H. RESOLUTION A. Resolution of Support for Baptist Health for KEDFA Bond Issue — MICHELLE HAYDEN III. MOTION A. R & F Documents IV. MUNICIPAL ORDER A. Personnel Actions B. Amend the FY2016-2017 Position and Pay SclledLlle — S.� DOOLITTLE C. Approve Litter Abatement Grant Application -- S. ERVIN w D. Approve Transfer of Funds from Commission Contingency for the Noble Park Tennis Court RQstroorns Project — M. THOMPSON V. ORDINANCES —ADOPTION A. Approve First Amendment to tiic Solid Waste Agreement with Freedom waste Service - CITY MGR B. Approve Final Armexation for Trinity [United Methodist Church — S. ERVIN C. Closure of a Portion of north ;T Street betw=een Harrison Street and Tr'mble Street -- R. MURI'HY D. Closure of Yopp Street — R. MURPHY 1;. Purchase Dumpsters for Solid Waste Divisson — R. ilIURP11Y F. Purchase Roll Out Containers for Solid Waste Division — R. MURPHY G. Purchase Vehicles for Paducah Potice Department — R. MURPHY H. Accept 2016 Port Security Grank Award — POLICE CHIEF BARNHILL I. Accept FY2017 Highway Safety Grant Award — POLICE CHIEF BARNHILL VI. ORDINANCE — INTRODUCTION A. Approve Due Date Extension of GPEDC Loans to June 30, 2020 -- J. PERKINS B. Accept Bid for Noble Park Terris Shelter/Restroom Facility — M. THOMPSON C. Accept Bid for Furniture Purchase for Ponce Department Annex — POLICE CHIEF BARNHILU VII. CITY MANAGER REPORT VIII. MAYOR & COMMISSIONER COMMENTS IX. PUBLIC COMMENTS X. EXECUTIVE SESSION 198197 Agenda Action Form Paducah City, Commission Meeting Date: September 13, 2016 Short Title: Resolution in support of revenue bond issue by Kentucky Development Finance Authority for the financing and refinancing of construction costs relating to now and existing improvements to the facilities of Baptist Health Paducah located at in Paducali, Kentucky. ❑ Ordinance ❑ Emergency ❑ Municipal Order ® Resolution 0 Motion Staff Work By: Lisa Ernn>_ons, City Attorney Presentation By: Jeff Pederson, City Manager and Michelle I-layden of Baptist Health Background Information: Recently, the City of Paducah received a request from Stoll, Keenon & Ogden, bond counsel for Baptist Health; requesting support regarding the upcoming issuance of Kentucky Economic Development Finance Authority ("KEDFA") revenue bondstliat will be used to finance new improvements and equipment and refinance previous improvements and equipment to the healtli-related facility of Baptist Health Paducah located within the City of Paducah, Kentucky. The KEDFA revenue bonds will provide (i) up to $25,000,000 of the costs of construction and equipping of the outpatient oncology and chemotherapy department and the construction and equipping costs associated with the expansion of the neonatal inteiisive care unit and (ii) up to $15,000,000 to refinance the costs of the prior acquisition, construction. or, renovation of facilities for cardiovascular services, women's health services, diagnostic imaging services, and chaplain services; safety system upgrades, and medical an(] office equipment and furnishings. The bonds will be repaid in their entirety by Baptist Health Paducah and its affiliates. The City of Paducah will in no way be liable for any repayment ofkliese bonds. Under Kentucky Revised Statutes § 103.21 0(l), however, the City is required to pass a resolution that indicates a desire on the City's part for the bond financing to occur. The revenue bond financing is beneficial to the economy of the City of Paducah as it enables Baptist Health to continue to provide substantial employment for residents of the area. The City Attorney has reviewed the proposed resolution and it appears to sufficiently fulfill the statutory requirements under Kentucky lavv. If the City Council is so willing, a motion and vote on this resolution would allow KEDFA to proceed wilh the revenue bond issue. As a result, the City Attorney is recommending that the resclution be approved and adopted by the Mayor and City Commission. Goal: ®Strong Lconomy ® Quality Services ❑ Vital Neighborhoods 0 Restored Downtowns Agenda Action Form Page 2 Funds Available: Account Name: Account Number; Finance Staff Recommendation: That the Mayor and Commission approve and adopt the proposed Resolution. Attachments: Resolution Department Head City Clerk _`/ity Manager RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, RELATING TO THE ISSUANCE BY THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY OF REVENUE BONDS TO FINANCE AND REFINANCE, MLIONG OTHER THINGS, COSTS INCURRED BY BAPTIST HEALTHCARE SYSTEM, INC., IN CONSTRUCTING AND ACQUIRING CERTAIN HOSPITAL FACILITIES IN THE CITY WHEREAS, Baptist Healthcare System, Inc. ("Baptist Health"), a Kentucky nonprofit corporation, desires to finance the costs of purchasing, acgviring, constructing, enlarging, remodeling, renovating, improving, furnishing, or equipping certain hospital, health care, and health-related facilities at Baptist Health Paducah in the City of Paducah, Kentucky (the "City"), including the construction and equipping of the outpat,cil oncology and chemotherapy department and the construction and equipping costs associated with the expansion of the neonatal intensive care unit (the "New Project"), up to $25,000,000 of the costs of which are presently expected to be financed by the Bonds hereinafter defined; and WHEREAS, Baptist Health also desires to refinance the costs of previous improvements to certain hospital, health care, and health-related facilities currently constituting Baptist Health Paducah, including without limitation the prior acquisition, construction, or renovation of facilities for cardiovascular services, women's health services, diagnostic imaging services; and chaplain services, safety system upgrades, and medical and office equipment and furnishings (collectively, the "Existing Projects"), up to $15,000,000 of the costs of which are presently expected to be refinanced by the Bonds; and WHEREAS, it is expected that the financing of the Neve Project and the refinancing of the Existing Projects by Baptist Health will have a positive impact on the local economy and the delivery of hospital, health care; and health-related services to the citizens of the City and the surrounding areas and, in particular, will result in the provision of more efficient and effective hospital, health care, and health-related services in t17e area; and WHEREAS, the Kentucky Economic Development finance Authority ("KEDFA"), a body politic and corporate Nvithin the Economic Development Cabinet of the Commonwealth of Kentucky, crcated and existing pursuant to the provisions of L'RS Chapter 154, possesses the legal authority to authorize and issue revenue bonds to provide for the financing of the New Project and the refinancing of the Existing Projects upon the request of the City as required by KRS 103.210(1); and WHEREAS, such financing and refinancing, when undertaken by KEDFA, will enable Baptist 1lealth to continue to provide substantial employment for residents of the area; and WHERE'AS, the City, for the reasons above stated, desires to request the issuance of such revenue bonds by KEDFA (the "Bonds") for the purposes of financing costs of the New Project, refinancing costs of the Existing Projects, and financing and refinancing the costs of other projects for other hospitals, health care, and health-related facilities owned or operated by Baptist Health in other Kentucky cities, and it is appropriate that this Resolution be adopted in order to evidence such request; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY OF PADUCAH, KENTUCKY, ACTING BY AND THROUGH ITS BOARD OF COMMISSIONERS, AS FOLLOWS: Section 1. It is hereby found, determined and declared that the statements of fact set forth in the preamble to this Resolution are true and accurate in all respects, and the preamble and all of the recitals therein are incorporated in this Resolution by reference, as if set forth verbatim herein. Section 2. The City hereby requests the issuance of the Bonds by KEDFA in order to finance the New Project and refinance the Existing Projects for Baptist Health. Such request is made solely for the purpose of satisfying the statutory requirement of KEDFA for such local request and shall not be deemed to constitute an approval of the Project for any other municipal purpose of the City. Section 3. The adoption of this Resolution shall tot be deemed to and shall not constitute an approval of the Bonds or any representation made ley KEDFA or Baptist Health in the issuance thereof and shall not impose any liability or responsibility, financial or otherwise, upon the City. Section 4. This Resolution shall be in full force and effect frons and after its adoption. ADOPTED by the Board of Commissioners of the City of Paducah, Kentucky, on , 2016, signed by the Mayor, attested by the City Clerk and declared to be in full force and effect. Attest: Taminara S. Sanderson.. City Clerk -2- Gayle Kaler, Mayor Certification 1, the undersigned, do hereby certify that I am the duty qualified and acting City Clerk of the City of Paducah, Kentucky (the "City"), and as such Clerk, I fiuther certify that the foregoing is a true, correct and complete copy of a Resolution duty adopted by the Board of Commissioners of the City at a properly convened meeting held on , 2016, signed by the Mayor and now in full force and effect, all as appears from the official records of the City in my possession and under my control. IN WITNESS WHEREOF, I have hereunto set my hand this 2016. 133330.155237/1381181 1 3- Tammara S. Sanderson, City Clerk SEPTEMBER 13, 2016 I rove that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Liability Insurance: a. Croft Constriction, Inc. b. Tri-State Fire Protection, Inc. BIDS FOR POLICE DEPARTMENT Police Department Annex Furniture I. Wilson Office Solutions" 2. Cubicle by Designs 3. Howard D. Happy 4. Kentucky Correctional Industries 5. Petter Business Systems 6. SDB Conunercial Interiors BIDS FOR PARKS DEPARTMENT Noble Park Restroom Facilities 1. MP Lawson Construction* 2. Pinnacle, Inc. 3. HaiWr Construction 4. Evrand-Strang Construction, Inc, 5. Youngblood Excavating & Contracting 6. Wilkins Construction Co., Inc. CITY OF PADUCAH September 13, 2016 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. ity M �Jer's Signature Date PAYROLL ADJUST M ENT SIT RANSF E RSIPROMOT IONSIT EMPORARY ASSIGNMENTS CITY OF PADUCAH CURRENT POSITION NCSICS PERSONNEL ACTIONS EFFECTIVE DATE Jones, Britt A September 13, 2016 AND BASE RATE OF PAY NCS TERMINATIONS - FULL-TIME (FIT) July 3, 2016 PARKS SERVICES POSITION REASON EFFECTIVE DATE 911 Murt, Chaslty Telecommunicator Termination August 15, 2016 EPW - STREETS Non -Ex September 1, 2016 Baker, Richard G ROW Maintenance Person Termination August 29, 2016 PLANNING - SECTION 8 , Amos, Richard Courtney Housing Specialist Resignation September 14, 2016 NCS TERMINATIONS - PART-TIME (P/T)ITEMPORARYISEASONAL October 1, 2016 POSITION REASON_ EFFECTIVE DATE PARKS SERVICES Knudsen, Jason R Recreation Leader End of Seasonal Employment September 1, 2016 Murphy, Katlln M Recreation Leader End of Seasonal Employment September 1, 2015 Wilson, Quennon NI Parks Maintenance Laborer End of Seasonal Employment August 8, 2016 PAYROLL ADJUST M ENT SIT RANSF E RSIPROMOT IONSIT EMPORARY ASSIGNMENTS FIRE SUPPRESSION PREVIOUS POSITION CURRENT POSITION NCSICS FLSA EFFECTIVE DATE Jones, Britt A AND BASE RATE OF PAY AND BASE RATE OF PAY NCS Non -Ex July 3, 2016 PARKS SERVICES $15.17/Hr $16.46/Hr Dunbar, Zara Recreation Leader Recreation Leader NCS Non -Ex September 1, 2016 $8.50/Hr $11.00/Hr Tyler. Robert Recreation Leader Recreation Leader NCS Non -Ex October 1, 2016 $1 1.00/H r $11.20/H r Henson, Jared W Recreation Leader Recreation Leader NCS Non -Ex October 1, 2016 $11.00/Hr $11.20/Hr Darnell. Teresa M Tot School Assistant Tot School Assistant NCS Non -Ex September 1, 2016 $11.00/Hr $9.00/Hr Reese, Katherine S Tot School Instructor Tot School Instructor NCS Nom Ex October 1, 2016 $11 .00/Hr $1120/Hr Byrd, Jesse P Recreation Leader Recreation Leader NCS Non -Ex October 1, 2016 511.00/Hr S11.20/Hr Bogard,Jason R Recreation Leader Recreation Leader NCS Non -Ex October 1, 2016 $11.00/Hr $11.20/H r FIRE SUPPRESSION Jones, Britt A FF / Relief Driver Acting Fire Lieutenant NCS Non -Ex July 3, 2016 $15.17/Hr $16.46/Hr Jones, Britt A Acting Fire Lieutenant FF / Relief Driver NCS Non -Ex August 23, 2016 $16,46/Hr $15.17/Hr Torian, Nathan E Fire Lieutenant Acting Fire Captain NCS Non -Ex July 21, 2016 $16.46/Hr $17.57/Hr Torian, Nathan E Acting Fire Captain Fire Lieutenant NCS Non -Ex August 23, 2016 $17.57/Hr $16.46/Hr FIRE SUPPRESSION Orange, Tim Orange, Tim Meiser, Matt Jones, Britt A Rosario, Eugenio Johnston, Ryan Potter, John PLANNING Chino, Sheryl D PARKS SERVICES Morsching, l aylor A Evans, Leslie E POLICE -SUPPORT SRVCS Zidar, Michael S CITY OF PADUCAH PERSONNEL ACTIONS September 13, 2016 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCSICS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FF / Relief Driver Acting Fire Lieutenant NCS Non -Ex July 15, 2016 $14.95/H r S16.32/Hr Acting Fire Lieutenant FF / Relief Driver NCS Non -Ex August 26, 2016 $16.32/fir $14.95/Hr Fire Fighter FF / Relief Driver NCS Non -Ex August 25, 2016 $14.22/Hr $14.84/Hr FF / Relief Driver Fire Lieutenant NCS Non -Ex August 25, 2016 S15.17/Hr $16.46/H r FF / Relief Driver Fire Lieutenant NCS Non -Ex August 25, 2016 $15.29/Hr $16.57/Hr Fire Lieutenant Fire Captain NCS Non -Ex August 25, 2016 $16.55/Hr $17.67/H r Fire Lieutenant Fire Captain NCS Non -Ex August 25, 2016 $16.55/H r $17.67/H r Grants Administrator Planner II NGS Ex September 15, 2016 $27.00/Hr $29.70/Hr Recreation Specialist Recreation Specialist NCS Ex September 15, 2016 $15.42/Hr $15.72/Hr Parks Nlntnce Superintendent Parks Mntnce Superintendent NCS Ex September 15, 2016 $26.42/Hr $27.35/Hr Crime Analyst Crime Analyst NCS Ex September 15, 2016 $23.89/Hr $24.61/Hr ,Agenda .Action .Uorm Paducah City Commission Meeting Date: Sept 13, 2016 Short Title: A MUNICIPAL ORDER ANLENDING SECTIONS OF THE FY20 I6-20 l 7 POSITION AND PAY SCHEDULE OF THE CITY OF PADUCAH, KENTUCKY ❑Ordinance ❑ Emergency ® Municipal Ordcr ❑ Resotutiou ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Infornlatiom This proposed action will amend the Municipal Order establishing the Position and Pay Schedule. The summary of the two changes are as follows; Reduce the position of Equipment Operators by one (1) and increase authorized number of position of Right -of -Way Maintenance Persons by one (1) in the Engineering/Public Works Department. There is a vacant Equipment Operator position, so no person is affected by this change. Change the title of the GIS/Plattner to the position of GIS Manager in the Information Tech-rzology Department. The GIS/Planner was vacated when Ben Peterson resigned and was not filled. Goad: ❑Strong Economy ® Quality Services❑ Vital Neighbodioods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Approve Attachments: Department Head —City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AMENDING SECTIONS (D), INFORMATION TECI-1NOLOGY, AND (H), ENGINEERING/PUBLIC WORKS DE-PARTMENT OF THE I{ Y2016-2017 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the Human Resources Department of the City of Paducah finds it necessary to update the FY2016-2017 Position and Pay Schedule adopted by the Board of Commissioners on June 14, 2016, and amend by municipal order during fiscal year 2016-2017 for full-time employees as follows: Itiformation Technology 9 Change the title of GIS/Planner Position to GIS Manager Position Engineering Public Works o Reduce by one Equipment Operator Position from Street Division o Increase by one Right -Of -Way Maintenazice Person Position to the Street Division WHEREAS, in order to implement the changes it is necessary to amend the FY2016-2017 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1_ That the City of Paducah hereby aplxoves to amend the FY2016- 2017 Position and Pay Schedule for the employces of the City of Paducah as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Cleric Adopted by the Board of Commissioners, September . 2016 Recorded by Tammara S. Sanderson, City Clerk, September _`, 2016 mo/Position and Pay Schedule 9-13-16 CITY OF PADUCAH FY 2015-2017 September 13, 2016 POSITION AND PAY SCHEAULE Sectlon D. INFORMATION TECHNOLOGY AUTHORIZED POSITIONS i=Y 1511E FY 16117 VACANT ADJ. ADJ. RATE RATE. 56.60 HOURLY HOURLY 36.03 35.53 36,24 29.28 29.86 WAGE WAGE 3 18.92 19.20 M 40 BUDGET FILLED VACANT ADJ. ADJ_ HOURS EXEMPT PAY POSITIONS TOTAL NON -CS RCSSICS RATE RATE" WORK NONEXEMPT GRADE Directorinforrnallon Technology 1 1 46.36 47.29 40 E U Network Administrator 1 1 32.14 32.78 40 E P Help Desk Technician 1 1 19.79 20.18 40 NE; H Network Technician 16.88 40 NE ,! GIS Specialist 1 1 27.74 40 E P 61SfRE2aaeE;G15"Mana4er ._.. • j - - --.--.-27.20.----- 1 ., 29.98 -- - 40 E P Total Bud etednited for Department 5 4 0 1 Concrete Finisher 2 1 Settlors H. AUTHORIZED POSITIONS FY 1506 FY 16117 80% ENGINEERINGIPUBLIC WORKS DEPT POSITIONS City Engineer & Public Works Director Assistant Public Works Director Storm Water & Drainage Engineer Engineering Project Manager Engineering Assistant III Engineering Assistant It Engineering Technician Executive Assistant I Administrative Assistant III Ftoodwali Divlslon 1=PW Floodwall Superintendent Floodwab Operator 80% 85% 90% 95% 100% BUDGET FILLED TOTAL NON -CS RCSSICS 1 1 1 1 1 1 1 1 HOURLY HOURLY WAGE WAGE VACANT ADJ. ADJ. RATE RATE. 56.60 57.73 35.32 36.03 35.53 36,24 29.28 29.86 1 1 EXEMPT i 1 17.84 18.20 1 1 14.70 15.00 1 i 30.78 31.40 4 1 40 15.13 15.36 16.07 16.31 17.02 17.27 17.96 18.23 3 18.92 19.20 HOURS EXEMPT PAY WORK NONEXEMPT GRADE 40 E Z 40 E T 40 E R 37.5 NE N 40 E M 40 E L 40 E J 40 NE F 40 NE D 40 E N 40 NE F Street Division EPW Street Superintendent 1 1 32.28 32.92 40 E N EPW Sheet Supervisor 2 1 2f.50 21.93 40 E L 1 22.23 22.67 40 E L Equipment Operator 43 2 _ _. NE E 80% _ 15.00 15.23 _ , 85% 15.94 18.26 90% 16.88 17.21 95% 17.82 18.17 100% 2 18.76 19.14 Concrete Finisher 2 1 NE E 80% 15.00 1522 85% 15.93 16.17 90% 16.88 17.14 95% 17.81 18.08 1GO% 2 18.76 19.04 Rigtll Of -Way, Maintenance Person 13 3 . _ - - - 80% 14.19 14.40 85% 15.07 15.30 90% 2 15.96 16.20 95% 2 16.85 17.10 100% 6 2 17.73 18.00 Maintenance Division EPW Fleet 1 Mainlerance Superintend£ 1 1 34.66 35.35 40 E O EPW Maintenance Supervisor 1 1 22.62 23.07 E L Laborer 5 NE C 80% 13.21 13.40 85% 14.03 14.24 Page 1 of 2 CITY OF PADUCAH FY 2016.2017 September 13, 2016 POSITION AND PAY SCHEDULE 90% 14.85 15.08 95% 15.68 15.92 100% 3 2 16.61 16.76 Traffic Technician 1 NE E 80% 15.13 15.36 85% 16.07 16.31 90% 17.02 17.27 95% 17.96 18.23 100% 1 16.91 19.19 Journeyman Electrician 1 20.00 20.40 HE Maintenance Technician 4 1 HE E 80% 15.13 15.36 85% 16.07 16.31 90% 17.02 17.27 95% 1 17.96 18.23 100% 2 18.91 19.19 Fleet Maintenance Division EPW Fleet Supervisor 1 1 23.65 24.12 E L Adminisirathve Assistant 111 1 1 18.99 19.37 40 NE D Fleet Mechanic I NE G Fleet Mechanic 11 4 HE I 1 18.53 18.90 1 19.69 20.08 i 20.38 20.79 i 2067, 21.08 Solid Waste Division EPW Solid Waste Supervisor 2 1 1 22.23 22.67 E L EP'N Compost Operations Supervisor 1 1 22.23 22.67 E L Administrative Assistant III 1 1 17.18 17.52 40 NE D Laborer 7 1 NE C 80% 13.21 13.40 85% 14.03 14.24 9D% 14.86 15.08 95% 15.68 15.92 100% 5 1 16.51 16.76 Truck Driver 10 1 NE C 80% 14.08 14.29 85% 14.96 15.19 90% 15.84 16.08 95% 1 16.72 16.97 100% 3 5 17.60 17.87 Righ4Of-Way Maintenance Person 3 1 NE C 80% 14.19 1440 85% 15.07 15.30 90% 15.96 16.20 95% 16.85 17.10 100% 2 17.73 18.00 Compost Equipment Operator 1 NE F 80% 15.35 15.58 85% 16,31 16.55 90% 17.27 V.53 95% 18.23 18.50 100% 1 19.19 19.48 Total BudgeledlFilled for Department 61 48 19 t3 Note: positions are eliminated through allrition they will be filled as a Nan CIv1I Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: As the Floodwall Operalcrs' 03 positions are eliminead through att,der, Ihey will be filled as Non Civil Sarvlce elorous. Note: AFSCME employees In the classlfieston above shell be eligib'e to mceive'ShIf Di farenlial" of 50.35li-, Note: AFSOME employees in the above classification shall be eligible to receive$0507Hr as a'Work Leader'. Page 2 of 2 Agenda Action Form Paducah City Commission Meeting Date: 13 September 2016 Short Title: 2017 Kentucky Litter Abatement Program Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Sheryl Chino Presentation By: Steve Ervin Background Information: The Kentucky Division of Waste Management (DMW) provides funds across the Commonwealth to local jurisdictions for litter abatement. The litter abatement award amount is based on a street mileage formula with Paducah having 250 miles. In 2016, DMW awarded the Engineering/Public Works Department $13,516.94 for their Street Litter Abatement Program. The City uses Litter Abatement funding for litter/trash pick-up along roadways and in within the parks. This grant also funds street sweeping activities, personnel costs, and disposal costs. Engineering/Public Works Department proposes to submit an application to KY Division of Waste Management for 2017 Litter Abatement Award. An award of $13,500 is anticipated for 2017. This award requires no local cash or in-kind match. Goal: ❑ Strong Economy Z Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Project Number: Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents. __Department Head _ City Clerk _ %"_ City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2017 KENTUCKY LITTER ABATEMENT GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR THE ENGINEERING/PUBLIC WORKS DEPARTMENT STREET LITTER ABATEMENT PROGRAM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor, or his designee, is hereby authorized to execute an application for a 2017 Kentucky Litter Abatement Program grant through the Kentucky Division of Waste Management for the Engineering/Public Works Department's Street Litter Abatement programs. The grant amount will be based on a formula using the total number of street miles within the City. No local cash or in-kind match is required. SECTION 2. This order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 13, 2016 Recorded by Tammara S. Sanderson, City Clerk, September 13, 2017 moAgrants\1Jtter Abatement 2017 Agenda Action Form Paducah City Commissiou \Meeting Date: September 13, 2016 Short Title: Transfer of Funds from Commission Contingency to the Noble Park Tennis Court Restrooms Account for completion of Teunis Cout-t restrooms at Noble Park ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Molion Staff Work By: Mark Thompson/Jeff Pederson Presentation By: Mark Thompson/Jeff Pederson Background Information: Bids were received on August 23 for the long-awaited tennis court restroom and shelter facility. We received five bids, with the lowest in the amount of $152,936. Submitted by MP Lawson construction, LLC of Paducah. The high bid was $192,211, so we are pleased with the number of and range of the bids. We can affect a cost savings in the amount of $5,048.94 by having the City directly purchase the pre- fabricated building and saving the contractor tax on it. Recall that the local tennis association has raised $45,000, and we have signed a usage Agreement with St. Mary's School that will contribute $10,000 to the project fund. With the City match that we have on hand added, we are short of the amount of money needed to complete this project by $37,782.06. 1 asked Mark Thompson to comb his budget for some additional money, and he produced $10,000. to add to the Project Fund, leaving us short in the amount of $27,782.06, Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Noble Park Tennis Court Restrooms9 Account Number: PAO 101 i nce Staff Recommendation: That the Commission approve the re -appropriation of the remaining $27,782.06 from the Commission Contingency Fund in order that we can complete this project and take advantage of a favorable bid. Attachments: Municipal Order Department Head City Clerk - "" 'City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $27,800 FROM THE COMMISSION CONTINGENCY FUND TO THE NOBLE PARK TENNIS COURT RESTROOMS ACCOUNT FOR THE NOBLE PARK TENNIS COURT RESTROOM FACILITY PROJECT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Finance Director is hereby authorized and directed to transfer $27,800, from the Commission Contingency fiord to the Noble Park Tennis court Restrooms account for the Noble Park Terris Court Restrooms account for the Noble Park Tennis Court Restroom Facility Project. SECTION 2. This Order shall be in fult force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners September 13, 2016 Recorded by Tammara S. Sanderson, City Clerk, September 13, 2016 \noAbudget transfer for Noble Park Tennis Court Restroom Facility Project Agenda Action Form Paducah City Commission Meeting Date: September 6, 2016 Short Title: AN ORDINANCE OF THF_ CITY OF BADUCAH, KENTUCKY APPROVING A FIRST AMENDMENT TO THE CONTRkC1r WITH FREEDOM WASTE SERVICE, LLC ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Res@It0ion ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: During the fall of 2015, City of Paducah began publicly advertising and accepting bids for a new long-term agreement for the disposal of municipal solid waste generated within the City of Paducah, which is also to include provisions for the operation of a transfer facility and for the transportation and disposal of recyclable materials. After evaluating all bids, tine City awarded the contract to Freedom Waste Service, LLC of Mayfield, Kentucky. An agreement between the City and Freedom was entered into on January 19, 2015. Pursuant to the Agreement, Freedom agreed to design, construct, operate, maintain, and replace, at its sole cost and expense, a Transfer Station on a Transfer Station Site, in accordance the Approved Plans on or before the Construction Completion Date and the Service Date of August 1, 2016. Due to several factors, Freedom was not able to construct the Transfer Station on the original Transfer Station Site, A new Transfer Station Site was acquired in fee by Freedom and is located at 400 State Street, Paducah, McCracken County, Kentucky. Due to the new location new plans for the Transfer Station have been prepared and have been approved by the local gaverrnnental entity. Further, Freedom has not been able to meet the August 1, 2016 Service Date as required by the original agreement clue to rain delays. The new Service Date is estimated as September 26, 2016. City and Freedom have reached an agreement as to the delay liquidated damage provision provided in the January 19, 2015 agreement. This First Amendment documents this agreement and requires a delay liquated damage payment in the amount of $27,000.00 withiro 3 days of execution of the First Amendment, The First Amendment also amends the location of the Transfer Station Site and the Approved Plans of the Transfer Station. Goal: []Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Staff Recommendation: To approve the First Amendment to agreement with Freedom and authorize the execution of the First Amendment by the Mayor. Attachments: First Amendment to Agreement for Transfer, Transport, and Disposal of Municipal Solid Waste Assistance Agenda Action Form Page 2 Department Head Ciry Clerk City Manager Page 2 Agenda Action Form Paducah City Commission Meeting Date: September 6, 2016 Short Title: Trinity United Methodist Church Annexation Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: The intent of this agenda item is to annex 6125 Blandville Road and 1592 New Holt Road into the City of Paducah. Both properties are owned by Trinity United WLethodist Church, The Church is located @ 6125 New Holt Road and 1592 New Holt Road is used for Church access. z ar �Il�';'F� 11 ,�4 •aR�' ,,M {• I �e°i"1 � 1e01 �J 68 �•S';?+���Ekhaa � yi 99611J1 1800.,021}�ex51.�091T �Bx6d�x L 6M am ✓axle..,. aiuiYY/,S �L','f< f ) L '8fx1 1 u>d' /� I ti wA�w i1s.7 ;�:r'?i.: 'I ISI :ei'.`• 4 r= - c {'4 �� ..'471'; _. �I., -7_• .'�;.: r Funds Available: Account Name: N/A Account Number: N/A Finance Motion: Attachments City Clerk ��� �/ $i tQty Manager Department Head Agenda Action Ford Paducah City Commission Meeting Date: 9-(o' IZO Short Title: Closure of a Portion of North 2V' Street between Trimble Street and Harrison Street ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr Proj Mgr Presentation By; Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The adjacent property owner, Linn Grove Properties, LLC, has submitted an executed application requesting that a portion of North 29"' Street between Trimble Street and Harrison Street be closed. On August 15, 2016, the Planning Commission held a Public Hearing and has made a positive recommendation to the City Commission for this closure. All of the utility companies have agreed to this closure with two 15' Public Storm Sewer Easements to be established as shown on the Street Closure Plat. Goat []Strong Economy ❑QuaVity Services ®Vital Noighborlmds ❑lZestored Dpmrtowms Funds Available: Account Name: NIA Account Number: Finance Staff Recomtnendation: To adopt an ordinance authorizing the closing of a portion of North 29th Street between T Trimble Street and Harrison and authorizing the Mayor, to execrate the closure plat and ail necessary documents to complete the transfer of property to the adjacent property owners; and to establish two 15' Public Storm Sewer Easements. Attaclunents: Original Street Closure Application, Proposed Closure Plat, Public Hearing Notice, Planning Conunission Resolution DepaV�7 City Cleric City Manager Agenda Action Form Paducah City Commission 1Meeting Date: September 6, 2016 Short Tifle: Closure of Yopp Street MOrdinatice ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Backgrowid information: The adjacent property owner, T & S Properties, LLC, has submitted an executed application requesting that Yopp Street located between 3220 and 3300 V,'ayne Sullivan Drive be closed. On August 22, 2016, the Planning Commission held_ a Public hearing and has made a. positive recommendation to the City Commission for this closure. All of the utility companies have agreed to this closure. As shown on the Street Closure Plat, a 40 foot Ploodwall right of entry easement has been established to the City of Paducah and a 20 foot water utility easement has been established for Paducah Water. Goal: ❑Strong Economy []Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Adcount Name: NIA Account Number: Finance Staff. Recommendation: To adopt an ordinance authorizing the closing of Yopp Street axed authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owner; and establishing a 40 foot Floodwall right of entry easement to the City of Paducah and a 20 foot water utility easement to PaducEh Water. Attachments: Original Street Closure Application, proposed Closure Plat, .Public Hearing Notice, Planning Commission Resolution 7 . JLf ZZ i Depa ent Hrd City Clerk City Manag Agenda Action Form Paducah City Commission Meeting Date: September 6, 2016 Short Title: Purchase of Solid Waste Dumpsters forthe FY2016-2017 from Municipal Equipment, Inc., Utilizing the Kentucky State Contract Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution [I Motion Staff Work By: Chris Yarber, Asst. Director Public Works Pain Souder, Admin. Asst. ITT Presentation By: Rick Murphy, P.E., City Engineer -P r:blic Works Director Background Information: Municipal Equipment, Inc, is the current Vendor listed on the Commonwealth of Kentucky's Contract for the purchase of solid waste dumpsters, The Engineering -Public Works Department, Solid Waste Division is in need of new dumpsters to be utilized by commercial businesses within the City and would like to utilize the existing Kentucky State Contract for this purchase. Every year, an amount is allocated toward dunrlaster purchases in the annual commercial refuse replacement budget. Therefore, we are requesting authorization to order the required dumpsters along with additional replacement parts and lids during the 2016-2017 Fiscal Year in an amount not to exceed the budgeted amount of $70,000, The Kentucky Master Agreement number is MA -758-1600000557-1. Goal: []Strong Economy ®Quality Services ❑Vital Neighba600ds ❑Rcstored Downtowns Funds Available: Account Narne: Solid Waste Fund - q t zn►h Non Rolling Stack -Equipment Other Account Number: 050-2210-531-4219 Staff Recommendation: To adopt an Ordinance authorizing the purchase of Solid Waste'1Jurnpsters for the FY20J6- 2017 utilizing the Kentucky state contract price from MunicTal Equipment, Inc., in an amount riot to exceed $70,000.00. Attachments: KY Master Agreement Departmer 1 0 City Clerl< City Manager Agenda Action Form Paducah City Commission TAcelitic, Date: September 6, 2016 Short Title: Purchase of Solid Waste Roll Outs Containers for the FY2016- 2017 from Toter, LLC Utilizing the Kentucky State Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolulion ❑ Motion Staff Work By: Chris Yarber, Asst. Director Public Works Pain Souder, Admin, Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: Toter, LLC, is the current Vendor listed on the Commonwealth of Kentucky's Contract for the purchase of solid waste roll out containers. The Engineering -Public Works Department, Solid Waste Division is in meed of new roll out containers to be utilized by residential customers within the City and would like to utilize the existing; Kentucky State Contract for this purchase. Every year, an amount is allocated toward roll out container purchases in the annual residential refuse replacement budget. Therefore, we are requesting authorization to order the required roll outs along with additional replaceinenl ymrts and lids during the 2416- 2017 Fiscal Year in in amount not to exceed the budgeted aniount of $60,000. The Kentucky Master Agreement number is MA -758-1600000561-2. Goal: ❑Strong Economy ZQuality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Nazne: Solid Waste Fund - 9 � n �I Non Rolling Stock -Equipment Other Account Number: 050-2209-531-4219 f Staff Recomtnendation: To adopt an Ordinance authorizing the purchase of Solid Waste Durnpsters for the FY2016- 2017 utilizing the Kentucky state contract price froin Toter, 11Z, in an amount not to exceed $60,000.00. Attachments: KY Master Agreement Departad City Clerk City Massager Agenda Action Foi-m Paducah City Commission Meeting Date: September 6, 2016 Short Title: Put -chase of 10 (ten) Police Pursuit Rated SUV's for the Police Department ®Ordinance ❑ Finergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, E.PW Maintenance Supt, Dena Alexander, FPW Admin Asst. III Presentation By: Rick Murphy, P.F., City Engineer -Public `Yorks Director Background Information: On August 4, 2016, sealed written bids were opened for the purchase of ten (10) Police Pursuit Rated SUV's to be used by the Police Department. One bid was rece ved rom Paducah Ford containing (1) Detective SUV at $ 35,468.00, b) Patrol SUV's at $35,658.00 each and (3) K-9 SUV's at $36,143.00 for a total price of $357,845.00. In addition, Paducah Ford agreed to allow the City to purchase up to twos a itro al police SUV's in accordance with the specifications at the unit bid price listed Fbove, in the event the City may need to purchase additional police SUV's prior to June 30, 2017 due to loss of a SUV, The delivery time will be 151 days after contract execution. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Narne. Rolling Stock/Vehicles 9 5 ' 1 )=Fleet Lease Trust fund F na ce Account Number: 071-0210-542-4005 Staff Recommendation: To receive and file the bid and adopt an Ordinance authorizing the Mayon to execute a contract with Paducah Ford for the purchase of ten (10) Police Pursuit Rated SUV's for use by the Police Department in the total amount of $357,845.00 with the option of additional purchase if needed. Attachments: Bids, Bid Tab, Advertisement, Proposed Conlract 4 Depart ent I-1 d City Clerk —L City Manager _^ Agenda Action Form Paducah City Commission Meeting Date: 6 September 2016 Short Title: U.S. Department of Homeland SecurltylFEMA — 2016 Port Security Grant Program M Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By., David White, Sheryl Chino Presentation BY: Brandon Bamhlli Background Information: The 2016 Port Security Grant Program (PSGP) directly supports maritime transportatlon Infrastructure security activities, PSGP is one tool in the comprehensive set of measures authorized by Congress and implemented by the U.S. Department of Homeland Security to strengthen the Nation's critical infrastructure against risks associated with potenlial terrorist attacks. The City of Paducah was awarded funding through this program in 2015 for a mobile surveillance camera system. The Paducah Police Department has been awarded $14,678 for three (3) additional security cameras to monitor the Roodwall, There is no match requirement for this grant. The grant application was approved through municipal order 1901 on April 12, 2016. Goat: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name:' r { Account Number: Y Project Number: PO -0097 in nce Staff Recommendation: Authorize and direct the Mayor to sign all required grant documents and authorize the -- Planning Department to accept the grant through the Port Security on-line grant portal. Attachments: Nona Police Chief City Clerk City Mana er r Agenda Action Form Paducah City Commission Meeting Date: 6 September 2016 hort Title: 2o16-2017 Kentucky Highway Safety Program Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: David White; Sheryl Chino Presentation By: Brandon Barnhill Background rnfor;:x::atian: The Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, has a competitive, discretionary grant program that offers reimbursements to police agencies for the salaries and benefits of peace officers working overtime hours and engaged in specific traffic enforcement activities. The program also offers reimbursements for specific traffic enforcement related supplies and equipment. The Paducah. Police Department has been awarded a Highway Safety Application for the 2076-2017 year. This grant will reimburse overtime hours associated with saturation patrols, including fuel costs, in the amount Of $25,450, There is not a match requirement for this grant application. This grant program does not req ' ma c The application was originally approved by municipal order 1882 on February 16, zox6. Goal.: ❑ Strong Economy ® Quality Services ❑ Vital Neigbborhoods [J Restored Downtowns Funds Available: Project Title: Project #: PO-oo98 t--- File --File #: .A,cet. #: Budget: Source of Funds: Federal Grant, No local matcb required. Sta£"iiecommendation. Authorize the Mayor to execute all grant related documents. Attachments: None De artment Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: 09-13-2016 Sliort Title: Due Date Lxtensioii of GPEDC Loans to June 30, 2020. ®Ordinance[] Emergency ❑ Municipal Order ❑ Resolutiom ❑ motion Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Infoti•ntation: Since 2007, the City has approved two loans totaling $911, 375 to purchase a total of about 130 acres in River port West Industrial Park. McCracken County loaned GPEDC an equal amount over the same time period; however unilaterally forgave GPEDC $500,000 in 2014. 'rhe property purchased was a part of an over 1,000 acre land tract GPEDC assembled for the proposed coal to liquid project. Because it was initially believed the deal would close quickly, the loans were made for six-month periods. The first loan for $600,000 was extended for two six-month periods through March 2009. Tlie second loan for $311,375 was rnade for one six-month period through June 2009. Ordinance 201.0-3-7658 amended the due date to June 30, 2015; which maturity date has now passed. In recognition of these facts, the attached ordinance would extend the expired loan agreements (totaling $911,375) for an additional 5 -year period, until June 30, 2020. Goal: JZStrong Economy ❑ Quality Services❑ Vital Neighborhoods❑ toned Downtowns Funds Available: Account Name: NIA Account Number: NIA (file 13.87/ED0090) it ance Staff Recommendation: That the GPEDC note receivable for $911,375 due date be extended to June 30, 2020. Attachments: • Promissory Notes Extension Agreement and Addenclum to Real Estate Mortgages. • Summary of Events, Activities Associated with the City of Paducah's $911,375 Loan to GPEDC. Department Head City Clerk 'ity Manager 5 jon Perkins'Mor&Economic Development GPEDC Loan, S91 r K\AAF - GPEDC Loan Malurky Extention 'To June 30 2020, Doc ORDINANCE NO. 2016 -9 - AN ORDINANCE OF THE CITY OF PADUCAH, "FNfUCKY, APPROVING A PROMISSORY NOTE EXTENSION AGREEMENT AND ADDENDUM TO REAL ESTATE MORTGAGE ANIONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, AND THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, WITH RESPECT TO A PUBLIC PROJECT GENERALLY KNOWN AS "RIVERPORT WEST;` AND AUTHORIZING THE EXECUTION OF SAME. WHEREAS, The City and the County have previously: provided certain financial assistance to Borrower for the Phase II and Final Phase of the real estate acquisitions for the development and construction of "Riverport West," an intermodal industrial park (the "Project") which will accommodate industry and create jobs within the boundaries of the City of Paducah and McCracken County, Kentucky; and WHEREAS, The City, the County, and Borrower entered into a Financing Agreement dated September 18, 2007, for the Phase 11 real estate acquisitions, whereby the City and the County extended loans to Bonorver in the principal amounts of $600,000.00 each, which loans and the repayment terms were Qvidence in the Financing Agreement and the promissory notes executed by Borrower to lbe City and the County; and WHEREAS, under date of September 18, 2007, Borrower made, executed and delivered to the City and the County, certain promissory notes, in the original principal amounts of $600,000.00 each, payable in one principal payment al maturity with final maturity of said promissory notes being March 17, 2008 (the aforesaid promissory notes due and owing unto the City and the County has collectively be called the "Phase 1I Notes"); and WHEREAS, the Phase 11 Notes are secured by a real estate mortgage heretofore executed by between Borrower, the City, and the County, whicli real estate mortgage is in the principal amount of $1,200,000.00, and is dated September 18, 2007, and is of record with the McCracken County Clerk's Office in Mortgage Book 1147, page 569 (the "Phase II Mortgage"); and WHEREAS, the final maturity date of the Phase 11 Notes were extended to September 17, 2008 by Promissory Note Extension Agreement and Addendum to Real Estate Mortgage dated July 24, 2008, which extension was recorded in Mortgage Book 1188, page 392, in the McCracken County Clerk's office; and WHEREAS, The City, the County, and Borrower entered into a Financing Agreement dated December 19, 2008, for the Final Phase real estate acc1r4isiti011s, whereby the City and the County extended loans to Borrower in the principal anmounts of $31 11375.00 each; which loans and the repayment terms wereevidence. in tyle Financing Agreement and the promissory notes executed by Borrower to flee City and the County; and WHEREAS, under date of December 19, 2008, Borrower made, executed and delivered to the City and the County, certain promissory notes, in the original principal amounts of $311,375.00 each, payable in one principal paynme t. at maturity with final maturity of said promissory notes being June 18, 2009 (the aforesaid promissory notes due and awing unto the City and the County shall collectively be called the "Final Please Notes") (the Phase 11 Notes and time final Phase Notes shall collectively be called the "Notes"). and WHEREAS, the Final Phase Notes are secured by a real estate mortgage heretofore executed by between Borrower, the City, and the County, which real estate mortgage is in the principal amount of $622,750,00, and is dated December 19, 2008, and is of record with the McCracken County Clerk's Office in Mortgage Book 1201, page 293 (the "Final Phase Mortgage") (the Phase II Mortgage arndtke Final Phase Mortgage shall collectively be called the "Mortgages"); and WHEREAS, the final maturity date of the Notes were extended again to June 30, 2015 by Promissory Note Extension Agreement and Addend>_urr to Real Estate Mortgage dated March 17, 2010, which extension was recorded in Mortgage Book 1263, page 26, in the McCracken County Clerk's office; and WHEREAS, it is mutually desirable, beneficial, and agreeable to the parties hereto that the maturity dates of the Notes a am be extended; NOW, THEREFORE, be it ordained by the City Conunissioners of the City of Paducah, Kentucky; as follows: Section 1: Recitals and Authorization. The City hereby approves the promissory note extension agreement and addendun to real estate mortgage by and among the City, the County, and GPEDC (the "agreement") in substantially the form attached hereto as Exhibit "A" and made a part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the agreement for tine purposes therein specified and the execution and delivery of the agreeatent is hereby authorized and approved. The Mayor of the City is hereby authorized toexecute the agreement together with such other agreements, instruments or certificates which may be necessary to accomplish the transaction contemplated by the agreement, which changes in the agreement not inconsistent with this Ordinance and not substanlially adverse to the City as well as may be approved by the official executing the same ou behalf of the City. The approval of such changes by said officials and that are not substantially adverse to the City shall be conclusively evidenced by the execution of the agreement by such official. Section 2. Severability. If any section, paragraph orprovision of this Ordinance shall be held to be invalid or unenforceable for any reason; the invalidity or unenfoFceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted ia7 formal action, were meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance arc, to the extent of such conflict, hereby repealed and the p):ovisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be react on hvo separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tarnmara S. Sanderson, City Clerk Introduced by the Board of Comi- issioners, September 13, 2016 Adopted by the Board of Commissioners, September 20, 2016 Recorded by Tarnmara S. Sanderson, City Clerk, September 20, 2016 Published by The Paducah Stn, lordlloan- Riverport West extension 9-2016 EXHIBIT A 194427 PROMISSORY NOTES EXTENSION AGn4 EMENT AND ADDENDUM TO REAL ESTATE MORTGAGES THIS PROMISSORY NOTES EXTENSION AGREEMENT AND ADDENDUM TO REAL ESTATE MORTGAGES made on this day of September, 2016, by and between CITY OF PADUCAH, KENTUCKY, a city of the second class of the Commonwealth of Kentucky, (the "City"); MCCRACKEN COUNTY, KENTUCKY, a political subdivision of the Commonwealth of Kentucky, (the "County"); and G.P.E.D.C., INC., doing business under the asst+fined name of GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, IL C., (`Borrower") is a Kentucky non-profit corporation organized and existing pursuant to the laws of the Commonwealth of Kentucky. WITNESSETH: WHEREAS, The City and the County have previously provided certain financial assistance to Borrower for the Phase II and Final Phase of the real estate acquisitions for the development and construction of "Riverpor West," an intermodal industrial park (the "Project") which will accommodate industry and create jobs within the boundaries of the City of Paducah and McCracken County, Kentucky; and WHEREAS, The City, the County, and Borrower entered into a Financing Agreement dated September 18, 2007, for the Phase II real estate acquisitions, whereby the City and the County extended loans to Borrower in the principal amounts of $600,000.00 each, which loans and the repayment terms were evidence in the Financing Agreement and the promissory notes executed by Borrower to the City and the County; and WHEREAS, under date of September 18, 2007, Borrower made, executed and delivered to the City and the County, certain promissory notes, in the original principal amounts of $600,000.00 each, payable in one principal paymet][ at maturity with final maturity of said promissory notes being March 17, 2008 (the aforesaid promissory notes due and owing unto the City and the County has collectively be called the "Phase. Il Notes"); and WHEREAS, the Phase II Notes are secured by a real estate mortgage heretofore executed by between Borrower, the City, and the County, which real estate mortgage is in the principal amount of $1,200,000.00, and is dated September 18, 2007, and is of record with the McCracken County Clerk's Office in Mortgage Book 1147, page 569 (the "Phase II Mortgage"); and WHEREAS, the final maturity date of the Phase II Dotes were extended to September 17, 2008 by Promissory Note Extension Agreement and Addenda n to Real Estate Mortgage dated July 24, 2008, which extension was recorded in Mortgage Book 1188, page 392, in the McCracken County Clerk's office; and WHEREAS The City, the County, and Borrower entered into a Financing Agreement dated December 19, 2008, for the final Phase real estate acquisitions, whereby the City and the County extended loans to Borrower' in the principal amounts of $311,375,00 each, which loans and the repayment terms were evidence in the Financing Agreement and the promissory notes executed by Borrower to the City and the County; and WHEREAS, under date of December 19, 2008, Borrov,er made, executed and delivered to the City and the County, certain promissory notes, in the original principal amounts of $311,375.00 each, payable in one principal payment at maturity with final maturity of said promissory notes being June 18, 2009 (the aforesaid promissory notes due and owing unto the City and the County shall collectivelybe called the "Final Phase Notes") (tile Phase Il Notes and the Final Phase Notes shall collectively be called the "Notes"); and WHEREAS, the Final Phase Notes are secured by a real estate mortgage heretofore executed by between Borrower, the City, and the County, which real estate inortgage is in the principal amount of $622,750.00, and is dated December 19, 2008, and is of record with the McCracken County Clerk's Office in Mortgage Book 1201, page 293 (the "Final Phase Mortgage") (the Phase I1 Mortgage and the Final Phase Mortgage shall collectively be called the `Mortgages"); and WHEREAS, the final maturity date of die Notes were extended again to June 30, 2015 by Promissory Note Extension Agreement and Addendum to Real Estate Mortgage dated March 17, 2010, which extension was recorded in Mortgage Book 1263, page 26, in the McCracken County Cler'k's office; and WHEREAS, it is mutually desirable, beneficial, and agreeable to the parties hereto that the maturity dates of the Notes main be extended and modified as hereinafter set out; NOW, THEREFORE, in consideration of the mutual benefits inuring to each other, it is understood and agreed, by and between the parties hereto, that the terms and conditions of the Notes are hereby extended and modified as fbilows: Extension and Modification to the Notes. (a) The Phase II Notes shall be extended aifd modified as follows: This note shall be due and payable upon dernand in accordance with the Financing Agreement by and among G.P.E.D.C., Inc., the City of Paducah, Kentucky, and the McCracken County, Kentucky, dated September 18, 2007; and in the event demand is not made, then this note shall be due and payable on June 30, 2020. (b) The Final Phase Notes shall be extended .and modified as follows: This note shall be due and payable upon demand in accordance with the Financing Agreement by and arnong G.P.E.D.C., Inc., fire City of Paducah; Kentucky, and the McCracken County, Kentucky, dated December 19, 2008, and in the event demand is not made, then this note shall be due and payable on June 30, 2020. (c) It is further agreed by and between the parties that except for the extensions and modifications set forth above, all other remaining terms and provisions of the Notes shall remain in fill l legal force and effect in strict accordance with such terms and provisions. This extension agreement, and the terms and provisions as herein contained, shall supplant and supersede all inconsistent terms arrtl provisions as set forth in the Notes, the aforesaid Financing Agreements, and any and all previous extensions and modifications heretofore made and executed between the $+grower, the County, and the City. 2. Collateral Documents. Any and all collateral documents heretofore executed by Borrower or any other person to the City and the County as collateral for the Notes, and for any extensions and modifications made thereto, including but not limited to the Mortgages shall continue to secure the Notes, as extended and modified herein, in strict accordance with the terms and provisions therein contained. All terms and provisions of the Mortgages are hereby reaffirmed by the Borrmver and shall apply to the modification and extension of the Notes. 3, Nonwaiver Provision_ Borrower expressly acknowledge and agree that the execution of this extension agreement shall not in any manner be construed as a waiver or release of any right, claim, or privilege which the City and the County have against Borrower, or of any obligation which Borrower owes to the City and the County pursuant to the Notes, or pursuant to any collateral document or lien interest created thereunder. Furthermore, the execution of this extension agreement shall not be construed as a waiver or release of any rights and claims that the City and the County have against any maker or guarantor or any other party to any collateral doclunent, Borrower executing this extension agreement expressly acknowledges consent to this extension agreement and the continuing obligations to the City and the County under the Notes and collateral documents which have been executed to the City and the County. 4. Other Documents. As a condition to the City and the County's execution and acceptance of this extension agreement, the City and the County shall have the right to require Borrower to execute any additional collateral docurnciit, or any other related document necessary for the perfection of sante. 5. Miscellaneous Provisions. This extension agreement shall be binding upon the parties hereto, their heirs, successors, and assigns. In the event of any litigation concerning this extension agreement, the Notes, the Financing Agreements, the Mortgages, or any collateral document, Borrower submits itself to the jurisdiction of the McCracken Circuit Court, and additionally, hereby waives its right of trial by jury. [See next page for signatures.] IN WITNESS WHEREOF: this extension agreerient is executed by the parties as of the day and year first above written. COUNTY OF INICCRACKEN, KENTUCKY By Leeper STATE OF KENTUCKY } )SS COUNTY OF MCCRACKEN ) County hedge/Executive Robert On this day of _ 2016, personally appeared before the undersigned, a \rotary Public in and for the State and County duresaid, Robert Leeper, County Judge/Executive of the County of McCracken (the "Comity"), personally known to me and personally known by me to be such officer, and to be the same person who executed as such officer, respectively, the within and foregoing instrument, and such person duly acknowledged before the undersigned the executioir of the same to be his act and deed and the act and deed of said County for the uses and purposes therein stated, duly authorized by Order of the County. WITNESS my signatures this day of� ^, 2016. My commission expires: Notary Public, State at Large CITY oF PADUCAR, KENTUCKY By STATE OF KENT[JCKY ) )SS COUNTY OF MCCRACK.EN ) Mayor Ga�.le Kaler On this __ day of � �, 2016, personally appeared before the undersigned, a Notary Public in and for the State and County aforesaid, Gayle Kaler, Mayor of the City of Paducah, Kentucky (the "City"'), personally known to me and personally known by me to be such officer, and to be the sane person wbo executed as such officer, respectively, the within and foregoing instrument, and such person duly acknowledged before the undersigned the execution of the same to be his act and deed and the act and deed of said City for the uses and purposes therein stated, duly authorized by Ordinance of the City, WITNESS nay signatures this __ day of v , 2016. My commission expires: Notary Public, State at Large G.P.E,D.C., INC. By Title STATE OF KENTUCKY ) )SS COUNTY OF IvICCR.ACKEN ) On this day of _ 2016, personally appeared before the undersigned, a Notary Public in and for the State and County aforesaid, (title) of G.F.E.D.C., Inc., doing business under the assumed name of GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, INC., ("Borrower"), personally kirown by me to be such officer, and to be the same person who executed as such officers, respectively, the %vithin and foregoing instrument, and such person duly acknowledges{ before the undersigned the execution of the same to be his act and deed and the act and deed of said Borrower for the uses and purposes therein stated, duly authorized by Resolution of the Borrower. WIINESS my signatures this ____ day of 2016. My cominission expires: Notary Public, State at Large This instrument prepared by: DENTON' LAW FIRM, PLLC P. O. BOX 969 Paducah, KY 42002-0969 270-450-8253 \vwv.dentonfirm.com Agenda Action Form Paducah City Co><nmissiom Meeting Date: September 13, 2016 Short Title: Node Park Tennis Shelter/Restroom Contract & Change Order 91 ® Ordinance ❑ Emergency Staff Work By: ivlark Thompson Presentation By: Mark Thompson Background Information: ❑ Municipal Order ❑ Resolution ❑Motion For the past four years the Paducah Tennis Association and the City have been working to develop a shelter/restroom facility for the tennis courts at Moble Park. The PTA coordinated $55,000 in funds for the proj ect. On Tuesday, August 2P bids were publicly opened for the Noble Park Tennis Restroom/Shelter. We received five bids from contractors. The bidding contractors are from Paducah, Mayfield and Marion, IL. The bid range was from $152,936.00 to $192,21 t.95. The apparent low bid and best bad was presented by M. P. Lawson Construction, LLC of Paducah. Staff recommends approval of a contract with kl, P. Lawson Construction, LLC of Paducah to provide the shelter/restroom facility. Additionally through Change Order #l, M. P. Lawson, Construction, has agreed to assist the City in a cost savings of $5,048.94 by allowing the City to direct purchase the pre -fab AFLIC ure. This allows the City to save the 6% state sales tax. The change order will reduce the contract with Lawson by $91,685.94. The City will then direct[), purchase the pre -fab structure listed in Lawson's bid from Hunter-Kmpshield of LaGrange, Kentucky for $86,637.00, a difference of $5,048.94, Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods Restored Downtowns Zai Funds Available: Account Name: Tennis Court Shelter Project Account Number: 040-8821-536.23-07 Project Number: PA0101 Staff Recommendation: Authorize the construction contract and approval of Change Order 4l. Attachment: Contract, Bid Tab, Change Order 91 MHT Department Head City Clerk Eiy Manager 193303 ORDINANCE NO. 2016 - AN ORDINANCE ACCEPTING THE BID OF M. R LAWSON CONSTRUCTION, LLC FOR THE NOBLE PARK TENNIS COURTS RESTROOM FACILITY CONS'T'RUCTION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SUCH CONSTRUCTION AND CHANGE ORDER 1 TO SUCH CONTRACT ALLOWING THE CITY TO MAKE DIRECT PURCHASE OF THE MODULAR RESTROOM FACILITY FOR THE PROJECT WHEREAS, the City requested sealed competitive bids for the Moble Park 'tennis Courts Restroom Facility Construction Project (the "Project"); WHEREAS, the bid of M. P. Lawson Construction, LLC, a Kentucky limited liability Company, ("Contractor") dated August 23, 2016, in the amount of S 152,936.00 for the Project being in substantial compliance with the bid specifications, staff and consults are recornniendiug that Contractor's bid be awarded and the Contract -be entered into with Contractor; and WHEREIAS, Contractor's bid includes the purchase of modular restroom facility from Hunter Knepshield Company in the amount of $91,685.94; and WHEREAS, Contractor is purposing Change Order 1 to the Contract decreasing Contractor's contract price by an amount of $91,685.94, to allow the City to make a direct purchase of the modular restroom facility for a cost saving of over 35,000.00 to the City; and $61;250.06. KENTUCKY: WHEREAS, Contractor's contract price to finalize the Project shall be reduced to NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah accepts the bid of M. P. Lawson Construction; LLC, a Kentucky limited liability Company, in the amount of $152,936.00 for the Noble Park Tennis Courts Restroom Facility Construction Project, said bid being in substantial comp] lance with the bid specifications, and as contained in the bid of Contractor, dated August 23, 2016. SECTION 2. That the aVlayor is hereby authorized and directed to execute Cl -large Order 1 to the Contract with Contractor for an overall price reduction in the amount of $91,685.94 for the Project, decreasing the total contract price dtie to Contractor to the amount of $61,250.06. SECTION 3. That the Finance Director is hereby authorized to make expenditure for the contract price due to the Contractor from project account SECTION 4. That the Director of Park Services is authorized to make a direct purchase of the modular restroom facility from Hunter Knepshield Company for $86,637.00 for the Project and the finance Director is hereby authorized to make said expenditure from project account SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Taminara S. Sanderson, City Clerk Introduced by the Board of Commissioners, September 13, 2016 Adopted by the Board of Commissioners; September 20, 2016 Recorded by Tammara S. Sanderson, City Clerk, September 20, 2D15 Published by The Paducah Sun, F lordlparkslbid-tennis court restroom facility / x } 2 g ] \ D G E e 6 R E \ » m o 2 # E \ 0 ( ) } S e ( / 2 = \ 0 / / \ \. 2 2& ƒ2 \ \ 0 G a @ E ƒ\ $ ®P w = \/ / 00&; 4J %3 %Q 7/ E\ \I ® E© 2/ /a 6 6 % q \\ a E ® w � R / ) # o w g > g 1 o Ul e c m a 2 \ \ \ \ \ \ ' 0 7 � ras CL CL t 2 7 \ :tL _ \� OD § � City of Paducah Parks Services 005200 - AGREEMENT BFW Project #� 16190 Page 1 of 2 DOCUMENT 005200 - AGREEMENT 1.1 CONTRACT AGREEMENT A. This AGREEMENT, made this --__ day of 2016, by and between the City of Paducah Parks Services, hereinafter called "OWNER" and M P Lawson Construction, LLC, hereinafter called "CONI-RACTOR". B. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the City of Paducah Parks Services Parking Lot Repaving. 2. The CONTRACTOR will furnish all of the material. supplies, tools, equipment, labor and other services necessary for the constfuction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 5 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 60 calendar days of the dated NOTICE TO PROCEED unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms thereiri for the sum of $152,936.00. 5. The term "CONTRACT DOCUMENTS" means and iiic;lude the following: a. ADVERTISEMENT FOR BIDS b. INSTRUCTION TO BIDDERS C. BID FORM d. BID BOND e. AGREEMENT f. PERFORMANCE BOND g. PAYMENT BOND h. NOTICE OF AWARD i. NOTICE TO PROCEED j. CONTRACT CHANGE ORDER k. GENERAL CONDITIONS I. SUPPLEMENTAL GENERAL CONDITIONS M. SPECIAL CONDITIONS n. TECHNICAL SPECIFICATIONS prepared by Bacon Farmer Workman Engineering & Testing, Inc. o. DRAWINGS prepared by Bacon Farmer Workman Engineering & Testing, Inc. p. ADDENDA 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This AGREEMENT shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials this AGREEMENT which shall be AGREEMENT 005200-1 City of Paducah Parks Services 005200 - AGREEMENT BFW Project #: 16190 Page 2 of 2 deemed original on the date first above written. 9. OWNER: By: Gayle Kaler Title: Mater Attest: Title: Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, at- tach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) 10, END OF DOCUMENT 005200 AGREEMENT 005200-2 CONTRACTOR By: Mike Lawson Title: Managing Member _ (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: (Where applicable) NOTE TO USER: Use in those states or oth- er jurisdictions where applicable or required. Agent for service of process: City of Paducah Parks SeFvIces BFW Project #: 16190 006363 - CONTRACT CHANGE ORDER Page 1 of 2 DOCUMENT 006363 — CONTRACT CHANGE ORDER 1.1 CHANGE ORDER INFORMATION A. Change Order No. 1 B. Date: C. Project Name: City of Paducah Parks Services — Noble Park Restroom Facilities. D. Project Location:.Noble Park Loop Road E. Owner: City of Paducah Parks Services. F. Engineer: Bacon Fanner Workman Engineering & Testing, Inc. G. Engineer Project Number: 16190. 1.2 CHANGE ORDER FORM: Contractor is hereby requested to comply with the following changes from the Contract Plans and Specifications: Item No. DESCRIPTION OF CHANGES - QUANTITIES, UNITS, UNIT PRICES, CHANGES IN COMPLETION SCHEDULE, ETC. DECREASE IN CONq-RACT TRICE INCREASE IN CONTRACT PRICE 1 Bid Item tt5 - Purchase of modular Restroom Facility ($91,685.94) TOTAL DECREASE TOTALINCREASE NET DECREASE CONTRACT PRICE ($93,685,94) TOTAL CONTRACT PRICE BEFORE THIS CHANGE $ 152,936.00 NEW TOTAL CONTRACT PRICE INCLUDING THIS CHANGE $ 61,250.06 CONTRACT CHANGE ORDER 006363-1 City of Paducah Parks Services BFW Project #: 16190 006363 -CONTRACT CHANGE ORDER Page 2 of 2 A. The time provided for completion in the contract is unchanged, iflGreased d_ecreased, by 0 calendar days. The new date for completion of all work will be (date). This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Recommended by: (Engineer) Accepted by: (Contractor) Approved by: (Owner) END OF DOCUMENT 006363 Date: Date: Date: CONTRACT CHANGE ORDER 006363-2 Agenda Action Form Paducah City Commission Meeting bate: Sept. 13, 2016 Short Title: Accept Proposal for PD Annex Furniture ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Capt. Brian Laird, Assistant Cluef David White, City Planner Steve Ervin Presentation By: Chief Brandon Barnhill Background Information: On August 21, 2016, an ad was published in The Paducah Sun requesting sealed proposals for furniture for the police department's annex building, which will house the Criminal Investigation and Drug and Vice Enforcement units. Six proposals were received, and were opened at 4 p.m. Friday, Sept. 2. The lowest, and preferred, proposal was submitted by Wilson Office Solutions of Paducah at a price of $42,127.13. The police department requests the commission accept the proposal of Wilson Office Solutions. These items were budgeted for in P00088. Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods❑ Restored Downtowns Funds Available: AccouutName: Account Number: 040-1616-521-4207 Finan e Project P00088 Staff Recommendation: Accept the proposal of Wilson Office Solutions for the purchase of furniture for the police department amrex building at a cost not to exceed $42,127.13. Attachments: Proposal Tab jen?tHead City Clerk City Manager Paducah Police Department Armex Furniture Request for Proposals Business Name Proposal Amount Cubicle by Designs '_Doylestown, PA $54,139.91 Howard D. Happy Paducah, KY $67,526.00 Kentucky Correctional Industries Frankfort, KY $65,389.00 _ Petter Business Systems Paducah, KY $45,144.73 SDB Commercial Interiors Jackson, MI $42,934.00 Wilson Office Solutions Paducah, KY $42,127.13 ORDINANCE NO. 2016 -9 - AN ORDINANCE ACCEPTFNG THE PROPOSAL OF WILSON OFFICE SOLUTIONS POR THE PURCHASE OF FURNITURE FOR THE POLICE DEPARTMENT ANNEX LOCATED AT 14t0 BROADWAY AND AUTHORIZES THE MAYOR TO EXECUTE A CONTRACT FOR SANTE BE If ORDAINED BY TIIE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Wilson Oft -ice Solutions in an amount not to exceed $42,127.13, for the purchase of furniture for the Police Department Annex located at t410 Broadway, said proposal being in substantial compliance with the proposal specifications, and as contained in the proposal of Wilson Office Solutions of September 2,20M. SECTION 2. That the Mayor be authorized to execute a contract witli Wilson Office Solutions for the purchase of iiiniture for the Police Department Annex, authorized in Section 1 above, according to the specifications, proposal and all contract documents heretofore approved and incorporated in the proposal. SECTION 3, Expenditures for this project will be from project account PO0038, account number 040-1616-521-4207. SECTION 4. This ordinance shall become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, September 13, 2016 Adopted by the Board of Commissioners, September 20, 2016 Recorded by Tanumara S. Sanderson, City Clerk, September 20, 2016 Published by The Paducah Sun, \otd\policeAbid-furnihue-police dept annex