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HomeMy WebLinkAboutCCMPacket2016-08-23CITY CONINIISSION MEETING AGENDA FOR AUGUST 23, 2016 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PROCLAMATION: Suicide Awareness Month - Gianna Bathary PRESENTATIONS: Duchess of Paducah - Carolyn Stratton National Quilt ivIuseum Update - F. Bc-n.nett Paducah -McCracken Co Joint Sewer Agency Industrial Surcharges - J. Hodges I"v'. MUNICIPAL ORDER jj I. MINUTES II. APPOINTMENT A. Planning Commission III. MOTION A. R & F Documents I"v'. MUNICIPAL ORDER jj B. Autiiorizc Appiicatior for `vE:S, esu; i C. Extension of Casualty InsuranCt fOr Colruiibia Theatre -- S. ERVIN V. ORDINANCES -ADOPTION A. Contract with HDR EneiFleering, Inc. for En,incerin4-, Design and Construction Inspection for Flood Pump Stations Y2 & �9 - R. MURPHY B. Accept 2016-2017 Edward Byrne Memorial Justice Accountability Grant Award - POLICE CHIEF BARNHILL C. Approve City Manager Employment Agreement Extension - CITY MGR VI. ORDINANCE - INTRODUCTION A. Approve Contract with HDR Engineering, lnc., for Broadway/Jefferson Two Way Conversion w/ Bike Lanes, Traffic Study and Signing, Pavement Marking Plan — S. ERVIi` B. Amend Alcoholic Beverage Ordinance — CITY MGR VII. CITY MANAGER REPORT VIII. MAYOR & COMMISSIONER COMMENTS IX. PUBLIC COMMENTS X. EXECUTIVE SESSION AUGUST 23. 2016 I mo%e that the following documents be received and filed: DOCUMENTS I . Certificate of LiabilitN Insurance for Barnhill EscaN ation & Landscaping 2. Lax Enforcement Service Fee Grant Award for FY2016 Paducah Police Department DLI Enforcement (ORD 2016-08-8402) 3. Interlocal Agreement with McCracken County for administration of the 2016 Household uncal ':re. n ilii'7-11': rcu " au: a ,Ltr,.if, C Edward Byrne Justice Assistance Grant Award (ORD 201 o-06-8 -177) 5. Agreement with McKeel Equipment Co.. Inc for purchase of one backhoe loader (ORD 2016-8-8398) 6. Agreement Aith McKeel Equipment Co,. Inc for purchase of one rubber track loader (ORD 2016-8-8399) 7. Agreement with Municipal Equipment Co. for purchase of one side arm refuse truck (Ord 2016-8-8400) S. Agreement with ERB Equipment Co. for purchase of one Mieeled loader (ORD 20t6-8- 3) 9 7) 0t6-8- 397) -rir 8404) b. Paducah Junior College, Inc. - Scommunity Scholarship Program (ORD 2016-8- 8405) c. Paducah Junior College, Inc. -Paducah School of Art (ORD 2016-8-8406) d. Paducah Transit Authority (ORD 2016-8-8407) e. Luther F. Carson Four Rivers Center, Inc. (ORD 2016-8-8408) f. Barkley Regional Airport Authority (ORD 2016-8-8409) CITY OF PADUCAH August 23, 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, City Manager's Signature Date FIRE SUPPRESSION Blackwell. Jacob Blackwell. Jacob 911 Burrow. Ashley CITY OF PADUCAH PERSONNEL ACTIONS August 23, 2016 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FF i Relief Driver Acting Fire Lieutenant NCS Non -Ex July 4. 2016 $14.84/Hr $16.32/Hr Acting Fire Lieutenant FF / Relief Driver NCS Non -Ex August 3, 2016 $16.32/Hr $14.84/Hr Telecommunicator Shift Supervisor NCS Non -Ex August 18, 2016 S20.19/Hr $21 19/Hr Agenda Action Form Paducah City Commission Meeting Date: Jaary �8� Short Title: 2016 National Endowment for the Arts Our Town Grant Application —Market House Theater "The Next Stage" Campaign ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Michael Cochran and Sheryl Chino Presentation By. Steve Ervin Background Information: The National Endowment for the Arts (NEA) has announced the availability of grant applications through their Our Town Program. The Our Town Program encourages local partnerships and seeks projects with the potential to integrate design and the arts into the fabric of community life and that serve as a vehicle for economic revitalization. Projects should have a positive, innovative impact on the community, together with their arts and design organizations and artists, to improve their quality of life and encourage creative activity. ;4": r.'..'';:`.`�` :.Y;17 Jr, 'n ri , - c i '.` ih - a for e r �cL r:r :-v �o v e �. 1� _ � �t: t r d � ��i E�L._4't'. ::1 t':. �,. i _ :'1'! f1; 1..-�(: classroom space; as well as, additional performance areas and apartments for visiting artists. NEA requires a partnership between a local unit of government and a non-profit organization; therefore, the city will be the applicant for funding, Market House Theater is requesting grant funds in the amount of $150,000 through the NEA Our Town Program to assist in the development of design plans and specifications for the proposed renovations, The NEA Our Town Grant requires a one-to-one match, which can be in the form of both cash and/or in- kind services. The architectural design costs are estimated to be $750,000. Market House Theater will utilize pledges from a variety of sources as their required match. Goal; ® Strong Economy ❑ Quality Services ❑ Vital Neighborhoods Z Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Authorize and direct the Mayor to execute all required application documents; as well as, authorize the submittal of the grant application through the Grants.gov system and NEA's online grant portal by the Planning Department. Attachments: None Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO SUBMIT AN APPLICATION AND ALL DOCUMENTS NECESSARY FOR THE CITY OF PADUCAH IN PART\ERSHIP WITH THE MARKET HOUSE. THEATER TO APPLY FOR THE 2016 OUR TO\VN MATCHI_.NG GRANT FUNDED BY THE NATIONAL ENDOW%MENT FOR THE ARTS IN THE AMOUNT OF $150.000. TO BE USED FOR THE MARKET HOUSE THEATERS "THE NEXT STAGE' CAMPAIGN AND AUTI IORIZES THE MAYOR TO EXECUTE ALL APPLICATION DOCUMENTS RELATLtiG TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: Department to submit an application and all documents necessary.t6r the Cite in partnership �Nith the Market House Theater to apply for the 2016 Our Town matching grant. The request is in the amount of $150.000, and will be funded by the National Endmwnent for the Arts. This grant is for the Theater's "The Ne-xt Stage" campaign to assist in the dei- lopment of design plans and specifications for proposed renovations to nine historic buildings adjacent to the Market House Theater. .- documents necessary for an Our Town matching grant approved it Section 1 above. SECTION 3. If the Our Town grant is approved. the Market House Theater will provide the cash match/in-kind services in the amount of SI 50.000 for the matching grant. for a total project cost estimate of $750.000. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson. City Clerk Adopted by the Board of Commissioners, August 23, 2016 Recorded by Tammara S. Sanderson. City Clerk. August 23. 2016 `anoAgrants`,natl endo�Nment for the arts -our town 2016 S150.000 8-2016 Agenda Action Form Paducah Cite Commission 197782 Meeting Date: August 23; 2016 Short Title: Approve execution of Consent to Casualty' Insurance Renewal insuring the real estate located at 510-514 Broadna%. in Paducah. McCracken. Kentucky, and the Columbia Theatre which is located thereon. ❑ Ordinance ❑ Ernergenc% X Municipal Order ❑ Resolution ❑ Motion Staff Work B.: Steve Erin. Lisa Emmons Presentation By: Steve Ery in Background kifortnation: On or about April 22, 2014. the real estate located at 510-514 Broadway. in Paducah. McCracken, Kenitick\. and the Columbia Theatre here conveyed to The Columbia Club. Inc.. subject to the terms and conditions of a Memorandum of Understanding dated April 14. 2014 entered into between the Citi_ and the Club under which the Club agreed to make �'i-i ��.�; ..'. I. f.��.- i� .�f�� .. .�. .. �::t 2.�1!',\. 1�+: _ /'moi'.,. .. �\' C�i��- „ �:ti: ��r '.�t•_!s_' .-. '� �. ._!:. 1.?I r ' Cite dowmo�� n area. Under the agreement �N ith the Club. the Citi agreed to continue to insure the property and the theater against loss from fire. lightening, �yindstorm.. explosion, tornado and such other risks as designated by the Cite to the extent of the full insurable value of the Properv, frara period of two (2) years. City further- agreed to extend the provision of casualt} insurance upon «ritten agreement. provided that such insurance coNeraEe is reasonable available to the Cite. Planning Director is recommending that the casualty insurance be extended for an additional 2 -year per!od anO b ' t in t?^ 31. --r d t reaftcr "l "Oss tc r. l the je" crpt'o a t! o (' ,;;� a., . r,. eye � .e: «,.... n;..,_ ,..r ;-r.rateL. at t„ sc_ ,�rs.,. r. r; a: t_ .te Goal: ®Strong Econoin ❑ Quality Services ❑ Vital Neighborhoods Ej Restored DoNNnto\yns Funds ANailable: Account Name: Account Number: Finance Staff Reconunendation: I"hat the Mayor and Commission approve the- proposed Consent to Casualty Insurance Renewal. Attachments: Consent to Casualt- Insurance Renewal Department Head Cin- Clerk Cit-, Manager iq-. MUNICIPAL. ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF CONSENT TO CASUALTY INSURANCE RENEWAL WITH THE COLUMBIA CLUB, INC.. A KENTUCKY NON-PROFIT CORPORATIOM WHEREAS. pursuant to a Memorandum of Understanding dated April l 4, 2014. (the "Agreement') by and hetween the Citi" of Paducah, Kentucky (the "Cite") and The Columbia Club. Inc.. a Kentuck} non- profit corporation, (the `Developer"), the Cin conditionally conveyed the real estate located at 510-514 Broad\\°ay (the "Property"), in Paducah. McCracken, Kentucky, upon vhich is situated the Columbia Theatre (the "Theater") to the Developer to enable the Developer to make certain renovations to the Theater and to provide for the Developers eligibility for a Kentucky Brownfield Redeyeloprnent Grant: and WHEREAS, under the Agreement the Cite agreed to continue toirisure the Propem against loss from fire, lightening. NN indsiorm- explosion. tornado and such other risks as designated by the Citto the extent of the frill insurable value of the Propem for a period of two (2) year from the execution of the A<areemenl: provided that such insurance coverage is reasonably available to the Cite. Further, the Cit agreed to extend the provision ofcasunlr� in-urance beyond the expiration ofthis initial 2 ,~year period but o!l! " upon tlhe prior WHEREAS. it is beneficial for the Cite to appro�,c and authorize the extension ofthe aforesaid casualty insurance and to execute the instrument entitled "Consent to Casualt3 Insurance Rene«al,' with regard to such matter as is in furtherance of its public project to encourage the rehabilitation and revitalization of the Cite domvntown area. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. Authorization. The Board of Commissioners of the Cite of Paducah hereby approves and the Mayor of the Cite of Paducah. Kentucky, is herebe withorized and directed to exec -,lc tihe Conwi}t s Ca oiil[': filSiii'anC R,,nle�'1i in silb5tahlt:a1k �;♦C i• 1'1,i qn.�%I! j il4r�'V "i Section 2. Effective Date, This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the Cite of Paducah, Kentuch`. Mayor ATTEST: Cit" Clerk, Tammara Sanderson Adopted by the Board of Commissioners, August 23- 2016 Recorded by City Clerk, August 23, 2016 lmolins — renewal — Columbia Theater lemmons-demon 197'69 CONSENT TO CASUALTY INSURANCE RENEWAL The undersigned, CITY OF PADUCAH, KENTUCKY, a municipatity of the home rule class (the "City"). on or about Aprit 14, 2014 entered into a Memorandum of Understanding (the "Agreement") with THE COLUMBIA CLUB, INC., a Kentucky non-profit corporation (the "Developer'); whereby the City agreed to conditionally convey the Property. the Theater, and all related improvement located on the Property to the Developer to enable the Developer to make certain renovations to the Theater and to provide for the Developer's eligibility for a IKentucky Brownfield Redevelopment Grant. On or about April 22. 2014. the Property. the Theater. and all related improvement located on the Property were conveyed by the Cite to the Developer, and the deed of conveyance is of record in the NJcCracken County Clerk's office in Deed Book 1275. page 559. (All defined terms not otherxyise defined herein shall have the same meaning as defined in the Agreement.) In connection with this conditional conveyance and pursuant to Section A.I. of the A.ureement. the Cite agreed to continue to insure the Property against loss from fire. lighteni}7p. lill) s'lli'u}t r_t \:'• UC Of dl . "[111r_it .•(7 i \1 ~i [r L?+ 0 t ;! �_ y: i it"l.i int' CSI"i!�11 i il't Agreement; pI'ovided that such insurance coverage Is reasonably available to the City. Further. the City agreed to extend the provision of casualty insurance beyond the expiration of this initial 2 -year period but only upon the prior written consent and agreement of the City. in its sole discretion, In connection with the foregoing, the CitS, hereby consents and agrees to continue to insure the Property against loss from fire, lightening, windstorm, explosion. tornado and such other risks as designated by the City to the extent of the full insurable value of the Property for an additional 2 -rear period beginning on the expiration of the initial 2 -»ear period; provided that �_ aCtCil}vSlpi c --car �3�:1'iiiG. irle amity tiJii[iGi cvilJ%ri6J and aO'CC5 to uLiw.nlali%a]i-\ I'�llc`•:y lilt aforesaid casualty insurance of the Property thereafter for successive two-; ear periods unless the City Manager of the City elects, in its sole discretion, to terminate the aforesaid casualty insurance by providing written notice of its 'intent to terminate to the Developer at least thirty (30) days prior to such termination. The Citv acknowledges and agrees that this Consent \,\-'I] inure to the benefit of the Developer and its successors and permitted assigns and will be binding upon the successors and assigns of the City. (Signature on the following page) Dated this day of 1 2016. CITY: CITY OF PADUCAH, KENTUCKY By: Gale Kaler. Mayor Agenda Action Form Padneah City Commission Meeting Date: August 16, 2016 Short Title, Professional Engineering Service Agreement with HDR Engineering, Inc., for Final Engineering Design SeVvlceg and Construction Inspection Services for the City's Flood Control Pump Stations #Z and #9 Rehabilitation Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolulio;n ❑ Motion Staff Work By: Angela Weeks, EPW Pcoj Mgr Presentation By: Rick Murphy, P.E_, City Ea&eer•Public Works Director Background Infor=mation: In accordance with the Design Agreement with the U.S. DepFirtment of the Army for the Design of the Ohio River Shoreline Reconstruction Project, the Freconstruction Engineering and Design (PED) activities associated with.Priority #I - Purrp ,Station Rehab portion of the Levee System Reconstruction Project have been progressing. At this time, the USACE has completed approximately 75% of the engineering design plans for rehabilitation of Pump Stations #2 and #9. In order to move forward with this portion of the USAGE Priority ##I Project, HDR Engineering, Inc., has agreed to finalize the Project Plans for lump Stations 92 and 49 and to assist with the bidding process at a total lump sum amount of$57,500.00. Additionally, HDR has agreed to provide construction administration and inspection services during the construction of the Project at an hourly rate not to exceed $75,000. Therefore, the total %ini{. i t tot i ."U "'i In accordance with a NICU with the USACE, the City will be eligible for creclit for the expenses incurred for the engineering work related to Pump Statioizs ,4 and f9. Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downto"ns Fonds Available: Account game: 040-3315-532-2307 1 z/?'of Account Number: FW0006 Finance Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute a Professional Engineering Service agreement with HDR Engineering, Inc., for engineering design services required to complete the Project flans for Flood Control Pump Stations 42 and #9 at a lump sum amount of 557,500.00; and to provide construction administration and inspection services during the construction of the Project at an hourly rate not to exceed $75,D00.00. Therefore, the total amount for the agreement with HDR Engineering, Inc., will not exceed $132,500. Agenda Acuon Forni Attachments: Agreement Depart euXe City Clerk Crty Manager Page 2 Agenda Action Form Paducah City Commission Meeting Date: 16 August 2016 Short Title: 2016-2017 Edward Byrne Memorial Justice Accountability Grant (JAG) Application ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: David White, Sheryl Chino Presentation By: Chief Brandon Barnhill Background Information: The Edward Byrne Memorial Justice Accountability Grant (JAG) is a federal formula grant funded through the U:S. Department of Justice. � Through municipal order #1911 approved on June 14, ,the Paduca�. Police Department submitted an application for the purchase of four (4) mobile radios to the 2016-2017 Edward Byrne Memorial JAG grant program and has received an award of $11,963. The total proiect cost is 512,737.04. The difference between -inti: le r' 7?"' d �Ers- iol ` ,mss' �R-�� � iV � { yr, f..,✓ `� - i'r, r:C- "�r: :5� •�i."y{r rnl r.'y ;i�`k : and �. �:c?IGL:a;;�. , F.u*11,i1: :.: c I. Q©",E:a 3 V U�:�Gil 5.1. I:a F. LL i l�::l:, Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Project Number: PO -0096 Finance CFDA: 16.738 Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents, ment Head Ci Clerk City Manager Agenda Action Form Paducah City Commission Nfeeting Date: August 16, 2016 Short Title; City Manager Employment Agreement Extension ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ I Lotion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: An Employment Agreement between City Manager, Jeffrey A. Pederson, and the City of Paducah was signed on December 7, 2010. The Agreement was amended by Ordinance on December 20, 2011• subsequent to a Performance Review" conducted by the City Commission, and again on April 8, 2014. erson ha? - agreed to renew i'ederse Vs Err,l� . lo% ncn ` A,r c- i �_ ti ";,-t,,l�ellt iUi' a three-year period. commencing July 26, 2016 through July 26, 2019, with an automatic renewal option for thrce additional years. Other sections of the Agreement are amended as follows: • Section 4 adjusts the Cite Manager's salary to $165,897 annually. • Section 6( ' c) alloys the City 1 -Manager's unused sick leave un�r Option B to be paid out under" resignation or retirement .�t�<'e•� ;��'L'(�iS�j�b�ii:a�iis;ii.-'t�:�}('-?c. ..L i�'��<;}..�tt]��i 11C �.it: �.1.ii�I��i a.rC?y)�v'�iYiC;i;.-��,'��,...:1`i3i with changes in Section 4 and Section 6(c) through July 26, 2019. Attachments: City 'Manager's Employment Agreement Extension Ordinance~ Department Head Cite Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: August 23, 2016 Short Title: Broadway/Jefferson Two Way Conversion W/Bike Lanes — Professional Services Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: Key Components: The City proposes to procure engineering services by HDR Engineering, Inc., of Paducah. Services includes the study of Broadway & Jefferson Streets being converted to two way, adding bike lanes on Broadway & Jefferson to connect to Phase 5 of the Greenway Trail and Noble Park, prepare a signing and marking plan for bidding, perform signal warrant studies for all intersections within the study area to see if the intersections can be converted to 4 -way stop intersections and perform a signal warrant study at 3`d and Jefferson to see if a signal is necessary. Additionally, HDR wilt assist the City in the preparation of the Transportation Alternative Grant (TAP) grant due September 30d' This grant will fund improvements outlined by HDR as part of this 1'tease Sc,: attached scope o ser, ices for more do tari. Total compensation for Engineer's services is $63,000. Staff Recommendation: Staff recommends approval of Engineering Contract Funds Available Motion Attachments: Account Name:'* F 01/0— YV//— S9L-730-7 Account Number: MR0056 F' anc Scope of Services — Exhibit A Short Form agreement Terms & Conditions ORDINANCE NO. 2016 -9 - AN ORDNANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A SHORT FORM AGREEMENT WITH HDR ENG(NEERhNG, NC., FOR PROFESSIONAL SERVICES FOR THE BROADWAY/J(•:FFERSON TWO WAY CONVERSION WITH BIKE LANES PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT BE IT ORDAINED BY THE BOARD OF CONIVIISS[ONERS OF THE CITY OF PADUCAH, KENTUCKY; SECTION 1. Recitals and Authorization, The City hereby approves the Short Fonn Agreement with HDR Engineering. Inc., for professional services to study Broadway and Jefferson Streets being converted to two-way, adding bike lanes on Broadway and Jefferson to connect to Phase 5 of the Greenway Trail and Noble Park, prepare a signing and marking plan for bidding, perform signal warrant studies for all intersections within the study area to see if the intersections can be converted to 4 -way stop intersections and perform a signal warrant study at _3 and Jefferson. HDR will assist the City in the preparation oftlie Transportation Alternative Grant. It is further determined that it is neeessary and desirable and in the best interests of the SECTION 2. Compensation. The City shall coi-ripeasate HDR En2ineerim,,_ Inc.. in a lump stun atnount of 563,000 for the services described in Section I abo\e. Said compensation paid by the City shall be funded tlVOU211 project account NtR0056, account number 040-441 l-592-2307. SECTION 3. Severability. If any section, para«raph 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 4. Compliance With Open itileetings j aws. The City Commission hereby Finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent ot'such conflict, hereby repeated and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. August 23. 2016 Adopted by the Board of Commissioners. September 6. 2016 ord pla, agree-an�_meznn� servicerBroadway-Jetrerson i �Vo wad coa�CI ,oil w-0me 'a he, SHORT FORM AGREEMENT BETWEEN OWNER ANI) HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20, between the City of Paducah ("OWNER") and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with an office at 4645 Village Square Drive, Suite F, Paducah, Kentucky 42001 for services in connection with the project known as Broadway/Jefferson Two Way Conversion w/Bike Lanes, Traffic Study and Signing/Pavement Marking Plan ("Project"): WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION 1, Scope of Services. NOW, THEREFORE. OWNER and ENGINEER in consideration of the mutual covenants contained herein,agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist ofthe Scope of Services as outlined on the attached Exhibit A. SECTION IL TERMS AND CONDITIONS OF ENGINEERING SERVICES attached hereto in Exhibit B, are incorporated into ibis Agree:we-ot by this rei'erence as it fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraoll 6 of the attached "HDR Engineering, [tic. Terms and Conditions for Professional Services." SECTION IV. COtiiPENSATION Compensation for ENGINEER'S setti ices under this Agreetneia shall be on the basis of - lump sum. The amount of the lump sum is Sixty -Three Thousand Dollars ($63,000). The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. agreement for Professional Services 1 09-2015 Compensation terms are defined as follows: Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 09-2015 SECTION VL SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first "ritten above. "OWNER" BY: NAME: TITLE: ADDRESS: HDR ENGINEERING, INC. "ENGINEER" BY: NAME: TITLE: Agreement for Professional Services 3 09-2015 EXHIBIT A SCOPE OF SERVICES Broadway/Jefferson Two Way Conversion w/Bike Lanes Traffic Study and Signing/Pavement Marking Plan Scope 1. Convert Broadway and Jefferson Street from one way to two way from Fountain Avenue to Water Street, 2. Add two way bike lanes on Jefferson. Study to determine the location for the western termini between 28th Street and Central Avenue. Study to determine the location for the eastern termini between 191h Street and Fountain Avenue. The study will examine the existing field conditions and topography to determine the location of the western and eastern termini to be utilized for the construction project. Once the termini locations are approved by the City, the Signing and Pavement Marking Plans will be developed for this section of roadway. 3. Add one way bike lane on either 19th Street or Fountain Avenue to connect Jefferson Street to Broadway. 4. Study a future connection of the two way bike lanes from Jefferson Street to Nobel Park, 5. Add an east bound bike lane on Broadway from either 19th Street or Fountain Avenue to 7th Street. 6. Study a connection of the west bound bike lane on Jefferson from Water Street to 7th Street. 7. Add a west bound bike lane on Jefferson Street from Water Street to either Fountain Avenue or 191h Street. 8. Perform a signal warrant study at 3`d and Jefferson to see if a signal is necessary. If so, a note will be added to the plans that the signal design and construction will be by others. 9. Perform a signal warrant study at the following intersections to see if the existing signals can be converted to 4 -way stop operations. Broadway Jefferson Street 3rd 4th If the signals can be removed and converted to a stop condition, a note will be added to the plans that the demolition of the signals will be by others. If tho siCnals stay, a note will be added to the pians that the converted signals for the two way traffic %ill be done by others. No design for the demolition or converted signals will be performed by HDR, Signing and Pavement Marking Plans will be developed for converting to the two way traffic on Broadway and Jefferson Street from Fountain Avenue to Water Street along with adding the proposed bike lanes. Typical sections will be developed that will be utilized along the proposed routes. The final limits of the signing and pavement marking plans will be based on the outcome of the studies looking at the different alternatives for connecting the bike lanes. Plan sheets and typical sections will be developed utilizing City of Paducah GIS mapping and aerial photography. The plans will include a written description of each modification, relevant dimensions of the improvements along with locations and placement of the signs and pavement markings. Construction notes, estimate of quantities, and the sign schedule will be developed in enough detail to 4th 6u, 5th 9th 6tn13`h yt� 13th If the signals can be removed and converted to a stop condition, a note will be added to the plans that the demolition of the signals will be by others. If tho siCnals stay, a note will be added to the pians that the converted signals for the two way traffic %ill be done by others. No design for the demolition or converted signals will be performed by HDR, Signing and Pavement Marking Plans will be developed for converting to the two way traffic on Broadway and Jefferson Street from Fountain Avenue to Water Street along with adding the proposed bike lanes. Typical sections will be developed that will be utilized along the proposed routes. The final limits of the signing and pavement marking plans will be based on the outcome of the studies looking at the different alternatives for connecting the bike lanes. Plan sheets and typical sections will be developed utilizing City of Paducah GIS mapping and aerial photography. The plans will include a written description of each modification, relevant dimensions of the improvements along with locations and placement of the signs and pavement markings. Construction notes, estimate of quantities, and the sign schedule will be developed in enough detail to bid the project. The plans will include details of the changes to the intersections due to converting the streets to two way traffic and adding the bike lanes. An engineer's estimate of the construction costs will be provided to the City prior to bidding the project. A Bike Lane Summary Report will be completed that will describe the proposed bike lane route, This will include discussion of the routes between Water Street and 2$`" Street or Central Avenue. Also, the results of the studies for the connection between Jefferson Street to Noble Park and from Water Street to 7" Street along Jefferson Street. A report will be prepared with the results of the intersection analysis. This will include the traffic data and if there is justification for the removal of the traffic signals. HDR will assist with two public hearings. The first will be a kick off meeting with the City. The second will be to present the traffic analysis results and to provide exhibits of the proposed improvements. In addition to the above Scope, HDR will provide overall Project Management. This will include development of a work plan, assessment of the at -grade railroad crossingjust west of 10'h Street and assisting with any KYTC coordination. The following items are not included in the Scope of Services and Lump Sunt Fee. • Study of what the new level of service is for Broadway and Jefferson Street after they have been converted from one way to two way. • Bidding Services • Construction Observation EXHIBIT B TERNIS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employers Liability of $250.000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and properly damage; and Professional Liability insurance of $1.000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect. or consequential damages (including but not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and/or cost of capital) arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract, OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualificationsand represents its judgment as an experienced and qualified professional engineer However, since ENGINEER has no control over the cost of labor, materials. equipment or services furnished by others, or over the contractor(s') methods of determining prices. or over competitive bidding or market conditions. ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares <. tiLrrtSrkt+sG7[:r;l �ia�rc;�t�t;R�� responsibility for performing work in accordance voth appFcable contract documents ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques sequences. procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement, OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further OWNER agrees that ENGINEER shaii be listed as an additional insured under the construction contractor's liability insurance policies. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability. and any budgetary limitations. OWNER will also provide copies of any OWNER-fumished Standard Details. Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will fumi$n the services of soilslgeolechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-fumished documents and services. In performing professional engineering and related services hereunder. it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice Further. it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER lakes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, lheir partners. successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest In this Agreement or claims arising therefromwithoul the written consent of the other. RE -USE OF DOCUMENTS Ali documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are Instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without wdtlen verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liabilityor legal exposure to ENGINEER, and OWNER will defend. indemnify and hold harmless ENGINEER from all claims. damages, losses and expenses, including attorney's fees. arising or resulting therefrom. Any such verlflcation or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. -. ;�':—r. 5' -.. .-_ r'Y-:' ... ^air , , ,•r�'cjr,{ ��. ,r7,�{vv r ,r method of paymoil.. is' lump sun'{ or cost reimbursement, the final invoice will include all semces and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had hecome firm before termination, and for a reasonable profiitfor:services performed 16. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. INVOICES ENGINEER will subrrot monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance witfrrnternal Revenue Service rules pertaining to the support of expenditures for Income lax purposes. Receipts will be available for inspection by O%AMJER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed idem and pay the remaining amount of the invoice OWNER will prompil notify ENGINEER of the dispute and request clarification and/or correction After any dispute has been settled. (1/2015) ENGNEER will include the disputed item on a subsequent, regularly scheduled invoice. or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGNEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month. but not to exceed the maximum rate allowed by law, on invoices which are not paid Wthin thirty (30) days from the date of the invoice. In the event undisputed portions of ENGINEER'S invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement untif all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fuliy definable in the initial planning. In any event, as the project progresses. the facts developed may dictate a change in the services to be performed, which may alter the scope ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall lake precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed or Eike document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees 10 comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion. sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other e I(*-V!i st'irute� ieoulau :),is. as s31ao-d ,-i T t!e 41 Pa.1 c; ".he 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials. including but not limited to asbestos. PCB's. petroleum, hazardous waste, or radioactive material located at or near the project site. including type. quantity and location of such hazardous materials. It is acknowledged by both parties that ENGENEER's scope of services do not include services related in any way to hazardous materials In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials. and ENGINEER may, at Its option and without fiabiiity for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractors) to identify and, as appropriate, abate. remediate. or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter"of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGiNEER's services under this Agreement It ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice To the fullest extent perrni[led by law, OWNER shall indemnify and hold harmless ENGINEER, its officers. directors, partners, employees, and subconsultants from and against all costs, losses. and damages (including but not limited to all fees and charges of engineers. architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, lossor damage is attribOable to bodily injury. sickness, disease, or death, or injury to or destruct,on of tangible property (other than completed Work), including the toss of use resulting therefrom, and (ii) nothing in [his paragraph shalt obligate OWNER to indemnify any individual or entity from and against the consequences of that individuai's or entity's sole negligence or wil ul misconduct. 16. EXECUTION This Agreement, iricluding the exhibits and schedules made part hereof, constitute the enti.!eAgreement between ENGINEER and OWNER. supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17, ALLOCATION OF RISK OWNER AND ENGtWEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE F2E11LATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE OFRCAIN OF THE RISKS, $O, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AIND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRAN -ED RELIANCE IS LIMITED TO THE GREATER OF $100,000 OR ITSFEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER ENGINEER'S COMMERCIAL GENERAL LIABILITY INSURANCE POLICY. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government na', try nr other iegal p o ess related to the Sarvi!;es in ^_lrrr: rtl :r5 7✓�}EI 3:���i. r1 r?iC(!,:r. 'P5: YAJit'p1 i.r a.`,aE:1 R'i�. 'r, :,.��,.. , rda�..naO�G � vC�r...c :::i�:',. �l.°,..�i�:p'�.,Sw.?w."_�`•��r_-,.:. ., ;, _ . standard rates far reasonable time incurred in gathering information and documents and alloWing depositions. hearings. and trial. 19, UTILITY LOCATION If underground sampling/testing is to be performed. a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities In addition. OWNER shall notify ENGINEERof the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utili'aes. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are rt01 properly marked or are not called to ENGINEER's attention prior to birglnning the underground sampling/testing. Terms & Conditions for Professional Services 2 (0112015) Agenda Action Form Paducah City Commission Meeting Date: AUGUST 23, 2016 Short Title: Amend ABC Ordinance ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff IN ork By: Tammy Sanderson R. Glenn Denton Presentation By: Jeff Pederson. City Manager Background Information: The Kentucky General Assemble passed Senate Bill 1 1 (SB 11 } into law during the 2016 legislative session. SB 1 1 includes numerous amendments to Kentucky's alcoholic beN erage stati,tes KRS 2 11-24d ,..un;- of'\.yhic o o M city am d ;e t of lnc r (: ,. � l� either �r.rth raze r :� �e.s to er„ :�. r, a,. .,.'C�.; i... _.... a'i�_ ...,. :i; .� ll.. ..,"��_ - 'i. .4i ii:.. - - `•t},;i �'�. ._ - -- ' ., _' _.a- _ .�.. �. _�... �. it\' i`. L}r';in r:,5r:in :;,; lr;'r;lie::i C'.ii: poiiiori of its% chari`_'c-s aril: v, l).:- Sections 6-33 and 6-44. This ordinance proposes several additional amendments to the Cit} -'s alcoholic beverage ordinances to implement the following changes: • Sunday Sales. The City currently allows alcohol to be sold bv the drink on Sundaes from 1 :00 p.m. until 10:00 p.m. for hotels, motels, and restaurants with an NQ2 license. This ordinance will change the time Sundaes sales by the drink are allowed in r. t, 1. t r dl'L is 00 a.iii. Ihi:`_)ijl zit 10. 0 0 r),m i! also iylt! mah_p_ sivikkiN salt J ly ,. �i��it. �.r ._:��� ti•i:a i�.4 ._. l � . r'.�iV;�_.. and distilleries that bold an NQ3 ircense. • Sunday Souvenir Package Sales by Distilleries. All licensed distilleries in wet territories are now permitted to sell souvenir packages ofdistilled spirits produced by that distiller'. Also. cities and counties now have authority to permit such souvenir package sales by distilleries on Sunday. This ordinance vill allo\� distilleries to sell souvenir packages on Sunday from 11:00 a.m. until 10ft p.rn. • Class A and B Rectifier's license. SB 1 1 divides the Rectifier's license into mo classes based on volume. This ordinance will implement the new classes. • Special Temporal- Alcoholic Beverage Auction License. SB l 1 changes the Special Temporary License to allow malt beverages to be auctioned or raffled at charity events. This ordinance will. 'implement the changes to this license. • Alcoholic beverage server training. State law requires alcoholic beverage servers to complete "STAR" training within thirty days of beginning employment. This ordinance \gill conform the Cit-y's requirements to state law. .Aeenda Action Form Paye 2 • Wholesalers and distributors must verifi that retailers have local license. State law requires that wholesalers and distributors only sell to licensed retailers but does not specif , that theti must check whether retailers have a local license. Creating such a requirement in the Cit}'s ordinances will help enforce the requirement that retailers hold both a local and state license. This ordinance proposes to add a condition to wholesaler's and distributor's licenses requiring them to yerift that all retailer's they sell to hold a valid local license. Goal: ®Strong Economy ® Quality Services[:] Vital Neighborhoods® Restored Doi+ntowns Staff Recommendation: To adopt the above changes to the CitN 's ABC ordinance. Attachments: 19-,49A ORDINANCE NO. 2016-9- AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6-4,6-7,6-9,6- 31, -4,6-7,6-9,6- 31, 6-35, AND 6-40 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 6, Sections 6-4. 6-7, 6-9. 6-31. 6-35, and 6- 40 of the Code of Ordinances of the Ciro of Paduccih. Kentucky;. which regulate licenses to sell or manufacture alcoholic beverages. and \VHEREAS, this Ordinance is being enacted pursuant to the passage of Senate Bill 1 1 during the 2016 Regular Session of the General Assemble of the Conimom\ealth of KentuckN to conform with amendments to Chapters 241-244 of the Kentucky Revised Statutes regarding rectifier's licenses. special temporary alcoholic beverage auction licenses, and alcoholic beverage ser\ er training: sl;l;, (:[i `: tcI-i G"a: - W'HEREAS, this Ordinance is being enacted to permit Sunda' sales of alcoholic beverages by the drink for athletic facilities holding a Quota Retail Drink license. b� the drink for licensed distilleries that also hold a Nonquota tape 3 license, and in souvenir packages for all licensed distilleries: 1N'HEREAS, this Ordinance is being enacted to require wholesalers and distributors to verify that retailers hold a valid local license prior to selling them rgleoholic beverages. follox s: SECTION 1, That Section 6-4; "Perinissible operating hours,' is hereby amended and restated to read as follows: Sec. 6-4. Permissible operating hours. (a) Package sales and on -premises consumption hours generally. Except as otherwise provided under this section, the lawful operating hours for licensed retail premises under this article for retail package sales and on -premises consumption of distilled spirits. wine and malt beverages shall only be permitted for each day of Monday through Saturday. and shall be limited to the following periods of time: License Opening Hour Closing Hour Package sales: Malt beverages/beer 6:00 a.m. 12:00 midnight Distilled spirits 6:00 a.m. 12:00 midnight On -premises consumption: Malt beverages/beer 6:00 a,m. 3:00 a.m. following day Distilled spirits I 6:00 a.m. 3:00 a.m. folio" ing day (b) The licensee shall ensure that at the closing hour all patrons shall have vacated the premises, Operators and their employees engaged in regular and ordAory post -closing activities may be on the premises during the closed hours. pro- ided that the licensee has complied witli subsection (c) below. (c) If a licensee provides a separate department within his licosed premises capable of being locked and closed off. v ithin �,vhich is kept all stocks of distilled spirits and wine, and all fixtures -ippamtns oonriccted with his business as a licen>ee, and sadd department is trent Pim r (d) Sundae --Package sales. Package sales are prohibited on Sundaes except for souvenir package sales bv distilleries as prop ided in subsection (g). (e) Sunday—On-premises consumption at hotels. motels. and restaurants. The retail sale of distilled spirits. tine, and malt beverages by the drink shall be permitted on Sundaes from 11:00 a.m.- until 10:00 pan. for hotels, motels. and restaurants holding a Nonquota ivpe 2 license; as defined herein, 4, 0A€ )'€ta ] sal@ off distilled sp: wine and „r mah beVG,aaP_S 10.. 41'e 'J 's: prodded such hotel. motel, and restaurant satisfy the following Cond.tions: s i J!';iit} 50 people at tables-, (2) At least 50 percent or more of the gross annual receipts from the dining facilities are received From the sale of food: and {3) The licensee shall apply for and receive a Sundae sales license and pay the applicable Sunday sales license fee. f} Sundaz---On-premises consumption at distilleries and sports facilities. The sale of distilled spirits. Nine. and malt beverages by the drink- shall be permittcd on Sunda\ s from 11:00 a.m. until 1000 p.m. for licensed distilleries also holding a NQn.quota type 3 license and athletic facilities holding a nota Retail Drink license: roe ided such distiller- or athletic facilinv shall apple for and receive a Sundae sales license and pal- the applicable Sundae sales license fee. The term "athletic facilities"' shall be limited to facilities which have a primary business purpose of providing a venue for competitiN e or recreational sports such as bowling allies 2 (P-) Sunda,, --Souvenir package sales bv distilleries. The retail sale of souvenir packages of distilled spirits, as defined�RS 241.010{�hall be e.rmltted on Sundaes from 11:00 a.m. until 10:00 p.m. for licensed distilleries in accordance «ith KRS 243.0305. (hf) Sunday---NeN Year's Eve. In the event that New Year's Eve falls on a Sunday; licensees holding a Nonquota 1. Nonquota 2, Nonquota 3, and/or Nonquota 4 license shall have the right to sell distilled spirits, nine, and/or malt beverages b} the drink, for which they hold a license, on such Sundaes from 1 I a. M. : until 3:00 a. in. the fol Iox ing day. SECTION 2. That Section 6-7. `Regulation of special temporary licenses,' is hereby amended and restated to read as follox s: Sec. 6-7. - Regulation of special temporary licenses. The sale of distilled spirits, wine. and malt beverages by the drink shall be permitted on Sundaes from 1 1:00 a.m.':nr� w-p.ffi- until 10:00 p.m. for licensees holding a special ternporarN license or a special temporary alcoholic be,, erai2c auction license -issued pursuant to KRS ch. 243 and section 6-40 of the Code of Ordinances of the Citv of Paducah.. Provided. however. the U; -)j t! co`:ii`�. ',n��,_. [iii i::.tY:�rr�.._:.� ;..t:i-�.--;i'=i� Vis: '�C:i l,':!-...<_`�i i.ilC:i:`i:.:. SECTION 3. That Section 6-9. "Alcoholic beverage server training," is hereby amended and restated to read as fol to\� s: Sec. 6-9. - Alcoholic beverage server training. (a) All persons employed to sell alcoholic beverages by the drink. those participating in the selling and serving of or taking orders for alcoholic beverages, shall complete a city - approved responsible beverage training program. For such a program to be approved by the s: .:i C'! ..'�� : �? tl' ;SS'.: i i :•`I ,'}' rV _�i .j. , ._ �1' c. �tt o1 G n.. specific class. but only that the training be obtained from a recognized program meeting the goals presented in this section. (b) All license holders employing persons required to complete training under paragraph (a) above, shall be responsible for all employees completing their training .,-:, ie an a,,. E April 2"1. 201 � Folle 4 the nn daa - n � s p d f I @iijf ev ees �. rr�- - �i-iciw. 6i=^cd�}Y-i��i�-�ii�--}icy ha within thirty 30 t0 days after be irut�ing employment. All persons completing the training required by this section shall be re -certified in responsible beverage service training by a cite -approved program not less than once every three rears thereafter. Records must be maintained on site verifying employment history and training. SECTION 4. That Section 6-31. "License required;` is hereby amended and restated to read as follows: Sec. 6-31. - License required. No person shall sell or dispense at retail or wholesale, or ha,e in his possession for sale, ani distilled spirits. n Inc, malt be�-erages or beer. or manufacture the same in the cit%, unless he shall first procure and have issued to him a license under the proAcions of this chapter. Prior to selling alcoholic be\ crap -es to a retailer wholesalers and distributers shall be responsible for verifying that such retailer holds a valid state and local license SECTION 5, That Section 6-35, -Revocation; suspension." is hereby! amended and restated to read as follows: V Sec. 6-35. - Revocation; suspension. (a) At any time after a license has been issued under the provisions of this chapter. the same shall be revoked by the Cite Manager or his designee, if the alcoholic beverage license issued by the state is revoked. (b) The City Manager may. in his discretion. order a suspension of the license for an\ cause which he may. but is not required to. revoke the license under the provisions of' KRS 243.490 and 243.500 or refuse to issue or renew a license under section 6-34 or section 6-37 of this chapter: provided, however. the licensee may have the option. subject to the approval of the Cite Manager. to nav in lieu of part or all of the dans of ahv suspension period. a sum _J (1) Distillers, rectifiers. and brewers per day .....5 i_;7u0.00 (2) NN"holesale liquor licensees. per day .....$400.00 (3) Wholesale beer licensees. per day .....$400.00 (4) Quota retail drink liquef=licensees, per day. ,..,.550.00 (5) Quota retail package iiguor-licensees, per day .....550.00 (6) Nonquota type 1. t% -pe 2. and t,, pe 3F@taij bee licensees, per da......$25.00 (7) NLtY"�,fUt n ee of SII g as pe W? ndd--, et `•i drink 1 -!'se, Tn— d \` .....�:�{.I �q a r ,fce.._ , 1 _.0 _�� S� ct , �'-f _ r a__ C _ld .0 el Jj ..:i Df 511 i1'1 ....... (c) Payments in lieu of suspension collected by the City Manager shall be deposited and used as local alcoholic beverage license tax receipts are deposited and used. (d) Appeals from orders of suspension and the procedure thereon shall be the same as are provided for orders of revocation in KRS 243.550----243,596. (e) The City Manager.. on his own initiative or on the complaint of any person. may institute proceedings to revoke or suspend any license under this section. Revocation or suspension shall be had only upon five days' notice to the licensee, and an opportunity shall be given to him to be heard. All such hearings shall be before the City Manager. SECTION 6. That Section 6-40. `License types and fees,' is hereby amended and restated to read as follows: Sec. 6-40. - License types and fees. All fees due to the city will be collected at the time the application is appro.ed by the state Alcoholic Beverage Control Board. 4 (1) Distilled spirit licenses as set forth in KRS 243.030: a. Distiller's license: 1. Class A, per annurn ....31,000,00 L Distillers that produce more than fifth thousand (50.000) gallons of distilled spirits per calendar year at the premises shall obtain a distiller's license. Class A. 2. Class B. per annum .....$500.00 i. Distillers that produce fifty thousand (50.000) gallons or less of distilled spirits per calendar year at the premises shall obtain a distiller's license. Class B (craft distillery). b. Rectifer's license:. p@i-- an = arm..- .APP.00 1. Class A. per annum .....53.000.00 i. Recti [iers that reeffN more than liftv thousand (" 50.000) gallons of distilled �p)rits_per calendar near at the premiseshli obtain a rectifier's license. Class B ici t:eciiiierl._per atw im . .S90G.�3r� i. Rectifiers that rectify fifty thousand (50,000) ,gallons or less of distilled spirits per calendar ear' at the premises shall obtasn a rectifier's license. Class B craft rectifier). c. W'holesaler's distilled spirits and Nine license. per aruriutn .....$3,000.00 d. Quota retail package license. per annum .....$1,000.00 (2) Quota retail drink license. per annum .....$1,000.00 (4) Nonquota type I retail drink license, per annum .....$2,000.00 a. Nonquota type i (also known as "NQ -1") retail drinl: licenses are combination licenses. b. The holder of a combination license may sell distilled spirits. wine. and malt beverages by the drink. A second retail rnalt beverage license is not required. c. NQ -1 licenses incorporate the following former License types: 1. Convention center license. 2. Horse track license. 3. Automobile race track license. 4. Air/rail system license. (5) Nonquota type 2 retail drink license. per annum .....$1..000.00 a. Nonquota type 2 (also known as "NQ -2") retail drink licenses are combination licenses. 5 b. The holder of a combination license may sell dislilled spirits. wine, and malt beverages by the drink. A second retail malt beverage license is not required, c. NQ -2 licenses incorporate the following former license types: 1. Restaurant drink license. 2. 'Motel drink license. 3. Restaurant wine license. 4. Airport drink license. 5. Riverboat license. (6) Nonquota type 3 retail drink license. per annum .....$300.00 a. Nonquota type 3 (also kno\-vn as "NQ 3") retail arink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits. wine. and malt beverages by the drink-. A second retail malt beverage license is not required. 1. A 1J111\ate Club ill e\isteii�e 1-0r lortocr ihair l)lic ltd iCL-r ii o tv VIC I;CI.IIISC application: 2. A bed and breakfast: or 3. A distiller. (7)Special temporary alcoholic beVerage auction license. per event .....$200.00 (8) Special Sundae retail drink license, per annum ,....$300.00 tai x:.='. c('i ll'. a" :?"l.i (J t1) C:aterer's license, per annum .....$800.00 (1 1) Bottling house or bottling house storage license. per annum ..... S1.000.00 ( l2)1vlalt beverage licenses as follows: a. Brewer's license. per atmum .....$300.00 b. N41crobreuery license, per annum .....$500.00 c. tvlalt beverage distributor's license, per annum .....S,400.00 d. Nonquota retail malt beverage package license. per annum .....S200.00 ] . A nonquota retail malt beverage package license permits malt beverage package sales only for consumption off the premises. e. Nonquota type 4 retail malt beverage drink license, per annum .....5200.00 1. A nonquota type 4 (also known as "NQ -4") permits malt be\ erage drink sales only on the premises. F. lvlalt be\ crage brew -on -premises.. per annum .....$100.00 6 (I')) The fee for each of the first lire supplemental bar licenses shall be same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of fire to the same licensee at the same premists. a. A supplemental bar license authorizes the licensee to sell and serve distilled spirits and wine by the drink at retail from an additional bar location other than the main bat'. { 14) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of $50,00. The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of $50.00. ( 15) The activities permitted by the above licenses are defined in KRS ch. 243, N hick is incorporated herein as [d] set out in full. Nonprofit organizations are exempted from license fees required by a special temporary license abo-ve, SECTION 7 SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the inyalidit3- or unenforceability of such `. v,wn p,,r ,; rani, or �7'(+l"i ti�5 ill ,� ?,,moi ;fr-cl anN. of tlx: rpmaiwng nrC v;' inns of this SECTION 8 COMPLIANCE WITH OPEN MEETINGS LAVA'S. The Cite Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this Cite Commission; and that all deliberations of this Cite Commission and of its committees, if any. which resulted in formal action, NNere in meetings open to the public. in full compliance with applicable legal requirements. SECTION 9 CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the orc, ICZ7!ojis o:i? . 0i':i?;?2.ric? :had prar, aid an be a;feCt SECTION 10 EFFECTIVE DATE. 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. August 23. 2016 Adopted by the Board of Commissioners, September 6. 2016 Recorded by City Clerk, September 6. 2016 Published by The Paducoh Sun. .2016 lordl6-ABC-miscellaneous 9-2016 7