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Home My WebLink About10-06-15 Agenda PacketCITY COMMISSION MEETING AGENDA FOR OCTOBER 6, 2015 5:30 RM. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION — Rev. Sara K. Tate — Fountain Avenue United Methodist Church PLEDGE OF ALLEGIANCE - Kate and Addie Rogers —PTHS Speech Team ADDITIONS/DELETIONS PROCLAMATIONS — National Business Women's Week National Arts & Humanities Month I. MINUTES II. APPOINTMENT A. Board of Assessment Appeals III. MUNICIPAL ORDER A. Authorize Area Development Fund (ADF) Grant Application — S. ERVIN B. Approve Acquisition of Permanent Right of Way, Permanent Drainage & Public Utility Easement at 3311 Olivet Church Road — R. MURPHY C Approve Indemnification and License Agreement with Paducah Riverfront Hotel for Development of Downtown Hotel - S. DOOLITTLE IV. ORDINANCES —ADOPTION A. Property Tax Levy — J. PERKINS B. Authorize Payment for Emergency Repair of the Cooling Tower at the Parks Services Building Located at 1400 H. C. Mathis Drive— R. C. Authorize Memorandum of Agreement with the Paducah & Louisville Railway, Inc., for Reimbursement of Railway Work on Olivet Church Road — R. MURPHY D. Purchase Street Sweeper for EPW-Street Division — R. MURPHY E. Purchase Side Ann Loader for EPW-Solid Waste Division — R. MURPHY V. ORDINANCES - INTRODUCTION A. Accept 2015 Port Security Grant Award —POLICE CHIEF B. Approve Purchase Agreement with P & L Railway — CITY MANAGER C. Amend Ordinance for Civil Emergencies —CITY MANAGER D. Amend Ordinance for Homeless Shelters — CITY MANAGER VI. CITY MANAGER REPORT A. Riverfront Project Completion Options VII. MAYOR & COMMISSIONER COMMENTS VIII. PUBLIC COMMENTS IX. EXECUTIVE SESSION POLICE DISCIPLINARY HEARING BRANDON BARNHILL COi\,[PLAINANT VS MNUTES OF HEARING MICHAEL RED[\/ION RESPONDENT At a Called Meeting of the Board of Commission held in the Commission Chambers at City Hall, Paducah, Kentucky, at 9:00 a.m., September 21, 2015, Mayor Kaler presided, and upon call of the roll by the City Clerk the following answered to theirnames: Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MOTION — R & F CALLED MEETING NOTICE Commissioner Abraham offered motion, seconded by Commissioner Gault that the Notice of Called Meeting of the Board of Commissioners of the City of Paducah for 9:00 a.m., Monday, September 21, 2015, be received and filed. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and vlayor Kaler (5). The meeting was called for the purpose of hearing charges that had been preferred by Brandon Barnhill, Chief of Police, against Police Officer Michel Redmon in the Paducah Police Department of the City of Paducah. The respondent was represented by Hon. Jeremy Ian Smith. The complainant was represented by the Hon. Stacey Blankenship, Attorney. Hon. Dan Key, Asst. Corporation Counsel, advised the Board of Commissioners. The respondent chose for the hearing to be conducted in open session. Amy Fleming, Court Reporter, was present. City Clerk, Tammara S. Sanderson, was also in attendance. RULING ON WITNESSES Mayor Kaler invoked "the rule", which requires witnesses to be excluded from the hearing until they have testified. — =RULI-iIG=ON=ORDERS-4Ia MO-T-I0-�NS- Mayor Kaler DENIED a motion filed by the Respondent to "Disqualify Keuler, Kelly, Hutchins & Blankenship, LLP," from representing the Complainant in this matter. Mayor GRANTED a Motion in Limine filed by the Complainant, by and through counsel, to preclude Respondent from introducing Jason Merrick's personnel file at the hearing of this matter. Mayor GRANTED a Motion in Limine filed by the Complainant, by and through counsel, to exclude irrelevant evidence, specifically including testimony or evidence related to Joseph Cerullo's underlying criminal charges and actions prior to his encounter with Respondent. September 21, 2015 POLICE. D[SCIPLI\ARY HEARING BRANDON BARNHILL COMPLAINANT VS MINUTES OF HEARNG MICHAEL REDMON RESPONDENT MOTION STATEMENT OF CHARGES Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the reading of the Statement of Charges be waived. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). Opening Statements were given by Ms. Blankenship. Mr. Smith reserved his opening statement. COMPLAINANT PRESENTS CASE Ms. Blankenship called Mr. Joseph Cerullo as a witness. Mr. Cerullo invoked his rights under the 5`h Amendment not to testify. Mr. Cerullo's attorney moved for him to be excused. Mayor granted. Nis. Blakenship presented audio recording of the Internal Affairs Complaint Investigation completed by Capt. George Johnson and Asst. Chief Brian Kreuger. This was the interview of Joseph Cerullo. Mr. Smith objected to hearing of the audio interview. Mayor Kaler overruled objection to hearing of audio interview. Ms. Blankenship called Dorothy Jones to the witness stand. lis. Jones was duly sworn by the court reporter. She was examined by cross, directed, re -cross and re -direct examination. Ms. Blankenship called for the video deposition of Dawn York to be presented to be heard. Mr. Smith objected to video being heard. Mayor overruled his objection. The following witnesses were called by Ms. Blankenship and duly sworn by the court reporter: Stacey Brooks Dr. Dawn Pingleton Richard Cox Sgt. Will Gilbert Officer James Davis Police Chief Brandon Barnhill --Al-l-Wimps--were- exam -ined-� cross-examined, re -direct and re -cross by respective counsel. . Exhibits 1-12 were introduced by Ms. Blankenship as evidence. No objections were made by Mr. Smith. Mayor granted. Mr. Smith moved to introduce Exhibit 1. No objection by VIs. Blankenship, 12:50 p.m. — Board recessed for lunch 1:46 p.m. -- Meeting reconvened. September 21, 2015 POLICE DISCIPLINARY HEARING BRANDON BARiNHILL COMPLAINANT VS M NUTES OF HEARNG N/IICHAEL REDN,1ON RESPONDENT T MOTION TO RECONVENE Commissioner Abraham offered motion, seconded by Commissioner Gault, to reconvene meeting after lunch at 1:46 p.m. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). RESPONDENT PRESENTS CASE The following witnesses were called by Mr. Smith and duly sworn by the court reporter: Capt. George Johnson John Driskill Officer Kevin Collins Officer Rene Long Officer Michael Redmon During Mr. Redmon's testimony Officer Parrish was asked to be used for a physical demonstration. The majority of all witnesses were examined by cross, direct, re -cross and re -direct examination by respective counsel. CLOSING STATEMENTS Closing statements were presented by Mr. Smith and 1VIs. Blankenship, respectively. Commissioner Abraham asked if Mr. Redmon wanted to make any comments. He did. EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board go into closed session for discussion of matters pertaining to the following topic: • [ssues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.8190)(f). Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). OPEN SESSION Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board reconvene in open session in the Commission Chambers. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). September 21, 2015 POLICE DISCIPLINARY HEAP, LNG BRANDON BARNHILL COiviPLAFNANT VS MINUTES OF HEARNG MICHAEL REDNION RESPONDENT DECISION OF BOARD The following Findings of Fact were read: Commissioner Rhodes offered the following motion to approve the Findings of Fact Order of the Board. At a special meeting held by the Board of Commissioners on September 21, 2015, on the charge as stated in the Statement of Charges and a hearing having been held by the Board and deliberations made in Executive Session the following Endings and order shall be adopted. From the evidence presented, the Board finds as follows: That the Respondent, Michael Redmon, was in violation of Law Enforcement Procedures as set out in KRS 15.520 and excessive use of force of the Paducah Police Department Policies, disciplinary provision of'the Collective Bargaining Agreement (hereinafter "CBA") between the City of Paducah and Jackson Purchase Lodge 15, Fraternal Order of Police, of which Respondent is a member and his exclusive bargaining agent, and applying the standards for discipline set out therein, including the "Just Cause Standard and Work Rules" specified in the CBA, and adherence to the principle of progressive discipline, and applying the evidence presented by the parties, and is found guilty of charges as set out in the Statement of Charges. The Board finds as follows, to wit: A. The Board finds from the evidence that the Respondent violated the unnecessary or excessive use of force in violation of the Paducah Police Department's Policies: 1 The Response to Resistance Policy No, 04-49E--VI.3.b. By using a restraint or chokehold on an arrestee's neck as there was no immediate threat to cause serious physical injury or death to the officer or another person and the officer had other reasonable means available to control the individual. 2 The Standards of Conduct Policy No. 04-42E--III.AA. 1. Use of Force. By using more force in a situation that is reasonably necessary under the circumstances to overcome resistance as the -- -- -- v__-- - ---_-�----._._..__arrestee washandcuffed. B. The Board finds from the evidence that the Respondent also violated the Conduct Unbecoming a Law Enforcement Officer in Accordance with Standards of Conduct Policy No, 04-421),IILD. 1. By failing to conduct himself on duty in such a manner as to reflect most favorably on the department and reflects discredit on the employee as a member of the department or tends to impair the operation and efficiency of the department or the employee by failing to remain calm in a situation and not cause an escalation of a situation which created a large disturbance in an area which was not appropriate to the well-being of the other patients in an ICU. September 21, 2015 BRANDON BARN'HILL VS MICHAEL REDMON POLICE DISCIPL111ARY HEARRNG MINliTES OF HEARING COMPLAINANT RESPONDENT NOW, THEREFORE, it is the Order of this Board that Michael Redmon shall be terminated from his employment with the City of Paducah effective this date. In reaching this decision, the Board must assume the validity of the aforementioned Statute and City of Paducah Police Department Policy and General Order Manual and the Collective Bargaining Agreement and be bound by their provisions, terms and requirements. Entered this 21" day of September, 2015. Commissioner Abraham seconded motion made by Commissioner Rhodes. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Nlayor Kaler (5). Findings of Fact and Order were signed by Nlayor Kaler. Meeting adjourned by Mayor Kaler. Tammara S. Sanderson, City Clerk Gayle Kaler, Mayor A transcript of the hearing is held by the court reporter and will be released pursuant to the request of the respondent. September 21, 2015 September 22, 2015 At a Regular Meeting of the Board of Commissioners, held on Tuesday, September 22, 2015, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (a). Commissioner Gault was absent (1). INVOCATION Michael Jenkins, Youth Leader at Relevant Church, gave the invocation. PLEDGE OF ALLEGIANCE Lucas Wadley, Clark Elementary 5`t' Grader, led the pledge. ADDITIONS/DELETIONS City Manager asked that item VI(B)- Authorize Contract with Ratio Architects, Inc. for Two Architectural/Design Service Options for City Hall be removed from the agenda. PROPERTY TAX PUBLIC HEARING The Commission held a public hearing pursuant to KRS regarding the real property tax levy rate. Finance Director Jon Perkins reported the property tax rate will remain the same as last year's rate of $0.255 per $100 assessed value. No one from the public gave comments. Mayor Kaler closed the hearing. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the reading of the Minutes for the September 15, 2015, City Commission meeting be waived and the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4), RESOLUTIONS SUPPORT THE LOCATION OF SHORELINE STEEL SOUTH BY REBATING I% PAYROLL TAX FOR A PERIOD OF UP TO 5 YEARS Mayor Kaler offered motion, seconded by Commissioner Abraham, that a Resolution entitled, "A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE CITY OF PADUCAH, KENTUCKY, SUPPORTING THE LOCATION OF SHORELINE STEEL SOUTH, LLC BY REBATING THE 1 % PAYROLL TAX ON CERTAIN KEDFA PROGRAMS FOR ELIGIBLE POSITIONS," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS (City Hall) Mayor Kaler offered motion, seconded by Commissioner Rhodes, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, MAKING DECLARATION OF _nCCLCIK T* INTENT WITI [ RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS,'' be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). MOTION R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioner Milson, that the following documents and bids be received and filed: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners for September 8. 2015 September 22, 2015 Partial Deed of Release for 5420 Tuck Road — Tommy & Darlyne Fletcher (1v10 4 1850) Contracts /Agreements: I. Contract for Services with Barkley Regional Airport Authority (ORD # 2015-09- 8292) 2. Interlocal Agreement for Acceptance and Administration of Edward Syme Justice Assistance Grant (JAG) Award (ORD # 2015-06-8262) 3. Trust Participation Agreement for the Kentucky League of Cities Insurance Services General insurance Trust (ORD # 2015-06-8264) 4. Declaration of Trust and Trust Participation Agreement for the Kentucky League of Cities Workers' Compensation Trust (ORD # 2015-06-8264) BID FOR ENGINEERING -PUBLIC WORKS DEPARTMENT 2015 Side Arm Refuse Truck 1. McBride Mack 2. Stringfellow 3. Municipal Equipment (Non -Responsive Bidder) 2015 Sweeper 1. Stringfellow 2. Municipal Equipment (No Bid) REQUEST FOR QUALIFICATIONS — PLANNING DEPARTMENT Design & Architectural Services for New/Renovated City Hall 1. RATIO * 2. RBS Design Group Architecture 3. Murphy, Graves, Trimble, PLLC 4. Brandstetter Carroll, Inc. *denotes recommended bid Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, :.4'ilson and Mayor Kaler (4)• MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that 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. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). APPROVE MEMORANDUM OF UNDERSTANDING FOR WORK PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT FOR THE OHIO RIVER SHORELINE RECONSTRUCTION PROJECT Commissioner Abraham offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "A 1v1UNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A OF UNDERSTANDING BETWEEN THE DEPARTMENT OF THE A VI AICD THE CITYOP PADUCAH FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wiison and Mayor Kaler (4). MO. #1861, BK 9 ORDINANCES — ADOPTION APPROVE SALE OF 421 NORTH 5TH STREET Commissioner Rhodes offered motion, seconded by Commissioner Milson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVING THE SALE OF SURPLUS MUNICIPALLY OWNED REAL PROPERTY LOCATED AT 421 NORTH 5r" STREET, PADUCAH, MCCRdACKEN COUNTY, September 22, 201 S KENTUCKY, FOR PURPOSES OF REDEVELOPMENTAND REVITALIZATION IN THE LOWERTOWVN NEIGHBORHOOD." This ordinance is summarizedas follows: In this Ordinance the City of Paducah ("City") declares City owned real property with improvements located at 421 North 5`h Street, in Paducah, McCracken County, Kentucky, as surplus property and authorizes the sale of the surplus property to Adam Moyers and Brandi Harless, who were the successful bidders offering to purchase the property for a purchase price in the amount of S 1.00 and their commitment to invest up to $175,984.00 in the complete rehabilitation of the improvements located on the Property in accordance with designs and plans to be approved by the Historical and Architectural Review Commission of the City, for purposes of redevelopment and revitalization in the Lowertow-n neighborhood. This Ordinance further authorizes the Mayor of the City of Paducah, Kentucky, to execute and deliver a special warranty deed of conveyance of the surplus property with reverter provisions. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.42015-9-8299; BK 34 ACCEPT THE JAG GRANT AWARD Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an ordinance entitled, "AN ORDNANCE APPROVING THE EXECUTION OF AN AGREEMENT, AND ALL DOCUMENTS RELATING THERETO, WITH THE U.S. DEPARTMENT OF JUSTICE FOR A 2015-2016 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE TO BE USED BY THE PADUCAH POLICE." This ordinance is summarized as follows: The City of Paducah hereby approves the execution of a grata agreement, and all documents relating thereto, with the U. S. Department of Justice for a2015-2016 Edward Byrne Memorial Justice Accountability Grant, in the amount of $10,912.00, to be used by the Paducah Police Department to purchase body worn cameras. No local match is required. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.42015-9-8300; BK 34 ACCEPT THE BULLETPROOF VEST PARTNERSHIP GRANT AWARD Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an ordinance entitled, "AN ORDNANCE AUTHORIZNG THE MAYOR TO EXECUTE A REIMBURSABLE GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE U. S. DEPARTMENT OF JUSTICE FOR A BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM AWARD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a Reimbursable Grant Agreement and all documents relating thereto with the U. S. Department of Justice for a Bulletproof Vest Partnership Grant Program Award in the amount of $12,644.54 for assistance with purchasing bulletproof vests to be used by the Paducah Police Department. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2015-9-8301; BK 34 PAYMENT TO PADUCAH CONVENTION & VISITORS BUREAU SPONSORSHIP FOR 2015 RAYOVAC FLW SERIES CHAMPIONSHIP Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE PADUCAH- �� Mc G-i?.k�G—KEN-COUNTY-CONVENTIOl\i AND VISITORS BUREAU FOR COSTS OF HOSTING THE 2015 RAYOVAC FLW SERIES CHAMPIONSHIP ON THE OHIO RIVER N PADUCAH." This ordinance is summarized as follows: That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of 522,500 to the Paducah -McCracken County Convention & Visitors Bureau for costs of hosting the 2015 Rayovac FLW Series Championship which will be held on the Ohio River in Paducah. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). ORD.#2015-9-8302; BK 34 ORDINANCES — INTRODUCTION PROPERTY TAX LEVY Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDNANCE FIXING THE LEVIES September 22, 2015 AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2015, THROUGH JUNE 30, 2016, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFFNED". PURPOSE RATE PER $100.00 General Fund of the City Real Property $0.355 Personal Property $0.390 Motor Vehicles & watercraft $0.390 School Purposes Paducah Junior College Real Estate $0.017 Personal Property $0.017 Motor Vehicles & waterCTaft $0.031 The City of Paducah shall collect the following taxes for the Board of Education: Paducah Independent School District Real Property $0.800 Personal Property $0.800 Inventory $0.800 Total Tax Rate per $100 - real property $1.072 Total Tax Rate per $100 - personal property $1.207 Total Tax Rate per $100 — inventory $0.800 Total Tax Rate per $100 — motor vehicle & watercraft $0.421 Property taxes levied herein shall be due and payable in the following manner: In the case of tax bills which reflect an amount due of less than Six Hundred Dollars ($600.00), the payment shall be due on November 1, 2015, and shall be payable without penalty and interest until November 30, 2015. In the case of all other tax bills, payment shall be in accordance with the following provisions: The first half payment shall be due on November 1, 2015, and shall be payable without penalty and interest until November 30, 2015. The second half payment shall be due on February 1, 2016, and shall be payable without penalty and interest until February 29, 2016, AUTHORIZE PAYMENT FOR EMERGENCY REPAIR OF THE COOLING TOWER AT THE PARKS SERVICES BUILDING LOCATED AT 1400 H.C. MATHIS DRIVE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY FOR THE EMERGENCY REPAIR OF THE COOLING TOWER AT THE PARKS SERVICES BUILDING LOCATED AT 1400 H.C. MATHIS ordinance is surrtmarized as follows: The Finance Director is hereby authorized to pay to Commercial Marine & Kiirial Heafirtg & Air Conditioning, Inc., the sum of $26,800.00, for services required for the emergency repair of the cooling tower at the Parks Services building located at 1400 H.C. Mathis Drive. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE PADUCAH & LOUISVILLE RAILWAY, INC., FOR REIMBURSEMENT OF RAILWAY WORK ON OLIVET CHURCH ROAD Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND PADUCAH & LOUISVILLE RAILWAY, INC., FOR IMPROVEMENT TO AN EXISTING AT -GRADE RAILWAY CROSSING; AUTHORIZE THE FINANCE DIRECTOR TO ISSUE PAYMENT TO PADUCAH & September 22, 2015 LOUISVILLE RAILWAY FOR COSTS ASSOCIATED WITH RAILWAY FLAGGING; AND, AUTHORIZING THE TRANSFER OF FUNDS FROM THE SERIES 2013 B BOND PROCEEDS ACCOUNT FOR THE OLIVET CHURCH ROADWAY PROJECT." This ordinance is summarized as follows: In this ordinance the City is appro,,ing a Memorandum of Agreement with Paducah & Louisville Railway, for improvement to an existing at -grade railway crossing for the Olivet Church Roadway Project in the amount of $196,381.81 and is authorizing the Mayor to execute said agreement. The City is also authorizing the Finance Director to issue payment at the following rates to railway company for flagging costs associated with the project. Per 8 Hour Day: Flagman $90.03 per hour Truck $287.80 per day Overtime Rates: Flagman $138.04 per hour Truck $ 35.98 per hour Further, the Finance Director is authorized and directed to transfer a porion of the remaining Series 2013B Bond Proceeds to the Olivet Church Road project account. PURCHASE STREET SWEEPER FOR EPW-STREET DIVISION Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF STRINGFELLOW, INC., FOR SALE TO THE CITY OF ONE REGENERATIVE STREET SWEEPER FOR USE BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Stringfellow, Inc., in the amount of $182,437.00, for one regenerative street sweeper for use by the Engineering -Public Works Department/Street Division, and authorizes the Mayor to execute a contract for same. PURCHASE SIDE-ARM LOADER Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTfNG THE BID OF McBRIDE MACK, INC., FOR SALE TO THE CITY OF ONE AUTOMATED SIDEAIL\I LOADER FOR USE BY THE SOLID WASTE DIVISION/ENGINEERNG-PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAIvfE." This ordinance is summarized as follows: The City of Paducah accepts the bid of McBride Mack, Inc., in the amount of $258, 732.00, for sale to the City of one automated sidearm loader, for use by the Solid Waste Division/Public Works Department, and authorizes the Mayor to execute a contract for same. AMEND SECTION 42-104 PROHIBITED NOISES OF THE PADUCAH CODE OF ORDINANCES Commissioner Wilson offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 42-104(a), PROHIBITED NOISES, OF CHAPTER 42, ENVIRONMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY," This ordinance is summarized as follows: The City hereby amends Section 42-104(a), Prohibited Noises, of Chapter 42, Environment, of the Paducah Code of Ordinances by adding continuous sound pressure levels limits using the weighted -C filter. CITY MANAGER REPORT • The City has approved the site plan for the dow-rttown hotel. • The City Manager requested an executive session to discuss land acquisition. MAYOR & COMMISSIONER COMMENTS No comments were given, PUBLIC COMMENTS No public comments were given. EXECUTIVE SESSION Commissioner Abraham offered motion. seconded by Commissioner Rhodes, that the Board go into closed session for discussion of matters pertaining to the following topics: September 22, 2015 Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b). Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). Upon motion the meeting adjourned. ADOPTED,. October 6, 201 City Clerk Mayor Agenda Action Form Paducah City Commission Meeting Date: 6 Oct 201 Short Title: 2015 Area Development Fund Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Fork By: Martin Russell, Nancy Upchurch, Sheryl Chino Presentation By. Steve Ervin Background Information: The Area Development Fund (ADF) is a state -funded program which provides financial support for capital projects. Activities that can be funded Mth ADF dollars include: construction, reconstruction, renovation, and maintenance of buildings and other improvements to real estate; acquisition of real property; major equipment purchases; and industrial site development. These funds are distributed through Area Development Districts. The amount of Area Development Funding available for the City of Paducah is $9,192.00. This funding ME provide funding needed for the following: 1. Network copier/printer/scanner/fax for the Human Resources Department. 2. Purchase of two computers included an additional monitor for the Planning Department. No local match is required. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtoa�rns Funds Available: Account Name: Account Number: Project Number: Ainan CFDA: Staff Recommendation: Authorize the Mayor to submit a requesr ADF funding to the Purchase Area Development District and executed all documents related to grant application for the above referenced equipment. Attachments: None Clerk CityManager Department Head MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A GRANT IN THE AMOUNT OF $9,192,00 FROM THE PURCHASE AREA DEVELOPMENT DISTRICT T'0 BE USED FOR THE PURCHASE OF OFFICE EQUIPMENT FOR THE HUMAN RESOURCES DEPARTMENT AND PLANNING DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authori2es the Mayor to execute all documents necessary to obtain a grant in the amount of $9,192.00 from the Purchase Area Development District to be used for the purchase of office equipment for the Human Resources Department and Planning Department, A local cash match is not required. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: -- T-ammara� Sanderson, Cay Clerk Adopted by the Board of Commissioners, October 6, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015 \mo\grants\PADD-office equip -HR & Planning 10-2015 Agenda Action Form Paducah City Commission Meeting Date: October 6, 2015 Short Title: Acquisition of Permanent Right of Way and a Permanent Drainage & Public Utility Easement located at 3311 Olivet Churcb Road for the Olivet Church Road Improvement Project ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr-Pub Works Proj Mgr Presentation By: Rick Murphy, P,E., City Engineer -Public Works Director Background Information: For several months, negotiations have been conducted in good faith with Robert and Karen Smith, the property owner at 3311 Olivet Church Road regarding the acquisition of a portion of right-of-way and a drainage & public utility easement (Parcel 437) as required for the Olivet Church Road Improvement Project. Subsequently, Mr. and Mrs. Smith agreed to convey a portion of their property for right of way consisting of 0.0046 acres (198.42 sq. ft.) and also to grant a permanent public drainage & utility easement consisting of 0.050 acres (2,208.71 sq. ft.) to the City of Paducah for the total monetary consideration of $4,000. Goal: ®Strong Economy ®Quality Services ®Vital Neighborboods ❑Restored Downtowns Funds Available: Account Name: Olivet Ch Rd Imp Proj Account Number: 040-3315-532-2307 Finance Project Number: ST0027 Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execute a Deed of Conveyance and all related documents on behalf of the City of Paducah with Robert E. and Karen Cole Smith to acquire a portion of real property located at 3311 Olivet Church Road as right-of-way and a permanent public drainage & utility easement in consideration of $4,000 for the Olivet Church Jffipuwe — - - - Attachments: Deed of Conveyance MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF A PORTION OF REAL PROPERTY LOCATED AT 33 l t OLIVET CHURCH ROAD TO BE USED AS RIGHT-OF- WAY AND PERMANENT DRAINAGE AND PUBLIC UTILITY EASEMENT FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $4,000 BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a Deed of Conveyance and all documents relating to same, with Robert and wife, Karen Fletcher, for acquisition of a portion of real property located at 3311 Olivet Church Road as right-of-way and a permanent public drainage and utility easement for the Olivet Church Road Improvement Project, for and in consideration of $4,000; and more particularly described as follows: Being a portion Lot 2 in the Pace Place Subdivision as shown by plat of record in Plat Book "G", Page 179, in the McCracken County Clerk's Office, having an address of 3311 Olivet Church Road, Paducah, Kentucky, and being more particularly described as follows: RIGHT OF WAY PARCEL #37 Beginning at a point located 29.14 feet left of Olivet Church Road station 58+83.04, thence North 68 degrees 31 minutes 11 seconds West a distance of 1.86 feet to a point, said point being located 31.00 feet left of Olivet Church Road station 58+83.00; thence North 22 degrees 46 minutes 49 seconds East a distance of 89.55 feet to a point, said point being located 31.00 feet left of Olivet Church Road station 59+72.54; thence 31.87 feet along a curve to the left, said curve having a radius of 20.00 feet, a chord bearing of North 22 degrees 52 minutes 11 seconds West, and a chord length of 28.60 feet to a point, said point being located 51.45 feet left of Olivet Church Road station 59+92.54; thence South 68 degrees 31 minutes 11 seconds East a distance of 1.77 feet to a point, said point being located 49.69 feet left of Olivet Church Road station 59+92.58; thence 31.85 feet along a curve to the right, said curve having a radius of 20.00 feet, a chord bearing of South 22 degrees 53 minutes 58 seconds East, and a chord length of 28.59 feet to a point, said point being Located 29.23 feet left of Olivet Church Road station 59}7261; thence South ----located 2 dagree-s 43 -minutes T6 sec d W-esra dish sr c�of 89.56-feetFto the point of beginning. The above-described parcel contains 0.0046 acres (196.42 sq, ft.), more or less. Being a portion of the same tract of land conveyed to the Grantors by deed dated June 5, 1985, which is duly recorded in Deed Book 675 Page 592 in the office of the County Clerk of McCracken County, Kentucky. SECTION 2. This expenditure shall be charged through Project Account No. ST0027. SECTION 3. 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, October 6, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015 Imo\prop pur — 33 t 1 Olivet Ch Rd DEED OF CONVEYANCE PERMANENT DRAINAGE and PUBLIC UTILITY EASEMENT THIS DEED made and entered into this the day of , 2015, by and between KAREN COLE SMITH, and husband, ROBERT E. SMITH, of 3311 Olivet Church Road, Paducah, Kentucky, 42001, Grantors, which is also the address to which the revised property tax bill for 2015 may be sent, and the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, P. 0. Box 2267, Paducah, Kentucky, 42002-2267, Grantee; WITNESSETH: That the Grantors, in consideration of Four Thousand Dollars and no cents ($4,000.00) cash in hand, the receipt of which is hereby acknowledged, have bargained and sold and do hereby sell, grant, transfer, and convey to the Grantee, its successors and assigns forever, the following property situated in McCracken County, Kentucky, and described as follows: Being a portion Lot 2 in the Pace Place Subdivision as shown by plat of record in Plat Book "G", Page 179, in the McCracken County Clerk's Office, having an address of 3311 Olivet Church Road, Paducah, Kentucky, and being more particularly described as follows.- RIGHT ollows: RIGHT OF WAY PARCEL #37 Beginning at a point located 29.14 feet left of Olivet Church Road station 58+83.04; thence North 68 degrees 31 minutes 11 seconds West a distance of 1.86 feet to a point, said point being located 31.00 feet left of Olivet Church Road station 58+83.00; thence North 22 degrees 46 minutes 49 seconds East a distance of 89.55 feet to a point, said point being located 31.00 feet left of Olivet Church Road station 59+72.54; thence 31.87 feetalong a curve to the left, said curve having a radius of 20.00 feet, a chord bearing of North 22 degrees 52 minutes 11 seconds West, and a chord length of 28.60 feet to a point, said point being located 51.45 feet left of Olivet Church Road station 59+92.54; thence South 68 degrees 31 minutes 11 seconds East a distance of 1.77 feet to a point, said point being located 49.69 feet left of Olivet Church __.. Road station 59+92.58; thence 31.35 feet along a curve to the right, said curve aving a radius of-2O.-OOfie-et a-chard-b-earirTbfS—Quth-22-degree-s-5�3-minutes—__ ...__. ._ 58 seconds East, and a chord length of 28.59 feet to a point, said point being located 29.23 feet left of Olivet Church Road station 59+72.61; thence South 22 degrees 43 minutes 16 seconds West a distance of 89.56 feet to the point of beginning. The above-described parcel contains 0.0046 acres (198,42 sq. ft.), more or less. Page 1 of 4 Being a portion of the same tract of land conveyed to the Grantors by deed dated June 5, 1985, which is duly recorded in Deed Book 675 Page 592 in the office of the County Clerk of McCracken County, Kentucky. It is understood by the parties hereto and made a covenant herein that the above written parcel described above is conveyed in fee simple. The acquisition of the herein described right of way is for the purposes of the improvement of the public roadway known as Olivet Church Road Improvement Project for the City of Paducah, Kentucky. The plans for this roadway improvement are on file in the Engineering -Public Works Department, City of Paducah, Kentucky. In consideration of the aforementioned premises, Grantors also do hereby grant, bargain, sell, transfer and convey unto Grantee, its successors and assigns, a Permanent Drainage and Public Utility Easement, with the right to construct, install, and thereafter use, operate, inspect, repair, maintain, replace and remove roadway drainage and public utility lines with all rights in ingress, egress, and regress over and across real property owned by the Grantors, being a portion of the same previously described tract of land aforementioned in this document. Said perpetual Permanent Drainage and Public Utility Easement shall be described as follows: DRAINANGE and PUBLIC UTILITY EASEMENT PARCEL #37 Beginning at a point located 31.00 feet left of Olivet Church Road centerline station 58+83.00; thence North 68 degrees 31 minutes 11 seconds West a distance of 18.14 feet to a point, said point being located 49.14 feet left of centerline station 58+82.59; thence North 22 degrees 43 minutes 16 seconds East a distance of 86.12 feet to a point, said point being located 49.23 feet left of centerline station 59*68.71; thence North 24 degrees 08 minutes 32 seconds West a distance of 34.14 feet to a point, said point being located 74.17 feet left of centerline station 59+92.02; thence South 68 degrees 31 minutes 11 seconds East a distance of 22.72 feet to a point, said point being located 51.45 feet left of centerline station 59+92.54; thence 31.87 feet along a curve to the left, said curve having a radius of 20.00 feet, a chord bearing of South 22 degrees 52 minutes 11 seconds East, and a chord length of 28.60 feet to a point, said point being located 31.00 feet left of centerline station 59+72.54; thence South 22 degrees 46 minutes 49 seconds West a distance of 89.55 feet to the point of beginning. The above-described parcel contains 0.050 acres (2,208.71 sq ft.), more or less. The grant of the aforementioned Permanent Drainage and Public Utility Easement is subject to existing easements for roads and other utilities if any, and Grantee shall, at its expense, repair all damage and surface damage including, but not limited to, settlement, erosion, or washing to Grantors' property occasioned by the road construction, drainage construction, and/or by the Page 2 of 4 construction of the utility lines, mains, and appurtenances occurring within one year of completion the construction referred to herein, including, but not limited to grading, filling, leveling, sodding, and seeding as may be reasonably required in the sole judgment of the Grantors. TO HAVE AND TO HOLD said property, together with all improvements thereon and all rights and appurtenances thereunto, unto the Grantee, its successors and assigns forever and in fee, with all the rights and privileges thereunto belonging with covenants of General Warranty. IN TESTIMONY WHEREOF the Grantors and Grantee, bysigning this document on the above given date, hereby acknowledge that the consideration stated hereinabove is the full actual consideration for the transfer of the subject property. The Grantee joins this deed for the sole purpose of certifying the consideration. IN WITNESS WHEREOF, all of the parties to this deed of conveyance have hereunto set their hands on this the date first above written. Page 3 of 4 O- 1 11 ..V • �u. r Karen Cole Smith GRANTEE; CITY OF PADUCAH, KENTUCKY By Gayle Kaler, Mayor STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument and consideration certificate were sworn to and acknowledged before me this I e r day of ekninI5jE, 2015, by Karen Cole Smith and her husband, Robert E. Smith, Grantors. My Commission expires: t0 -d'3- 163 _N Ary Vblic, State at targe 49 • ;.�`•^.: rJ m`'�.:nom • f? �'�' •� `�_ It � "J STATE OF KENTUCKY COUNTY OF MCCRACKEN) The foregoing consideration certificate was sworn to and acknowledged before me this day of 2015, by Gayle Kaler, Mayor of the City of Paducah, Kentucky, Grantee. My Commission expires: Notary Public, State at Large SEAL Page 4 of 4 OIOZI901�0 A38 WON 1•OIOZ19L/r0 A3LI M02! z- . RzCIS E! 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Wr \,\Z'3 •n d 'R 30VN IVaO , rS'ZE ES"N.Y:'fj R IL4P9�ES 't tsF;� • o I ' r i I `` N•ZC.PC.bZn. '3,n,d '8 1N3Nt3SV3 i zc' 6 cs 39VNIVUO'dOJd H-IIWS 1213908 V N32IV I N O g 00,02-0 'vis 4 j t,IOIlOn8iSNOO N1939 rA I� IX •9b. 1 S IAVO VN31VOOM ONV 'N NV FI I I M ^fes i� ;Sln Agenda Action Form Paducah City Commission Meeting Date: October 6, 2015 Short Title: A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ENTER INTO AN IivIDEMNIFICATION AND LICENSE AGREEMENT WITH PADUCAH R-1VERFRONT, LP AND EXECUTE ALL DOCUMENTS NECESSARY. ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resoluilon ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Information: The Holiday Inn Developer has asked the city to allow him to proceed with demolition of the concrete pad and foundations for the Pavilion Dome located at 600 North 0 Street as it is the site of the future hotel. Since the loan has not closed, and cannot until at least November I", the developer has agreed to indemni fy the city for damages to property in the unlikely event the hotel project does not come to fruition. Goal: ZStrong Economy ❑ Quality Services❑ Vital NeighborhoodsZ Restored Downtowns Funds Available: Account Name: Account Number: Finance The staff recommends approval City Clerk 11 City Manager Department Head 192-'i3 MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN INDEI NIFICATION AND LICENSE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PLIBLIC PROJECT; AUTHORIZNG THE EXECUTION OF THE AGREEAENT WHEREAS, on June 29, 201 5, the City and Paducah Riverfront Hotel LP (the "Developer") entered into a Hotel Development Agreement (the "Development A§reement"), whereby the City and the Developer agreed that the City would lease 600 North 4` Street, Paducah, McCracken County, Kentucky (the "Premises") to the De -,,-eloper in exchange for the Developers agreement to construct, develop and operate an upscale hotel on the Premises; and WHEREAS, prior to consummating the lease of the Premises as provided in the Development Agreement, the Developer has requested a license from the City with regard to the Premises, in order for the Developer to make, or cause to be made, the demolition and removal of the concrete foundation currently existing on the Premises so as to prepare the Premises for the Project; and WHEREAS, the City has no objection with such license provided, however, the Developer understands, acknowledges and agrees to the indemnification provisions contained in the Indemnification and License Agreement, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Indemnification and License Agreement (this "Agreement") among the City and the Developer in substantially the form attached hereto as Exhibit A and madepart 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 the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Agreement with such changes not inconsistent with this Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The pra-vaL-o€-sutlrehanges_.bX-said Qf -i-al; -arid--that sue -h - are- -not-substantially adve_r-se_to-the_-Citv_, _- --- - shalI be conclusively evidenced by the execution of the Agreement. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. Section 5. 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 City of Paducah, Kentucky. IMAYOR ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, October 6, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015 1molagree-license & indemnification -downtown hotel EXHIBIT A INDEMNIFICATION AND LICENSE AGREEMENT See attachment. 19'__33 MUNICIPAL ORDER NO, A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN INDEivNIFICATION AND LICENSE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVER -FRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, on June 29, 201 -5, the City and Paducah Riverfront Hotel LP (the "Developer") entered into a Hotel Development Agreement (the "Development Areement"), whereby the City and the Developer agreed that the City would lease 600 North 4` Street, Paducah, McCracken County, Kentucky (the "Premises") to the Developer in exchange for the Developers agreement to construct, develop and operate an upscale hotel on the Premises; and WHEREAS, prior to consummating the lease of the Premises as provided in the Development Agreement, the Developer has requested a license from the City with regard to the Premises, in order for the Developer to make, or cause to be made, the demolition and removal of the concrete foundation currently existing on the Premises so as to prepare the Premises for the Project; and WHEREAS, the City has no objection with such license provided, however, the Developer understands, acknowledges and agrees to the indemnification provisions contained in the Indemnification and License Agreement, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Indemnification and License Agreement (this `'Agreement") among the City and the Developer in substantially the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Agreement with such changes not inconsistent with this Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such�hanges_..b_ysaid.official, and -that such are--not-substantially-adv--Se .14-the_City,_ s011be conc usive v evi enceif v tie execution of the Agreement. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the im-alidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Nfeetings Lads. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. Section 5. 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 City- of Paducah, Kentucky. MAYOR ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, October 6, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015 \mo\agree-license & indemnification -downtown hotel I42230markedver3 INDEMNIFICATION AND LICENSE AGREEMENT THIS INDEMNIFICATION AND LICENSE AGREEMENT made and executed on this day of October, 2015, by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation, (the "Developer"); and CITY OF PADUCAH, a Kentucky Home Rule class city, (the "City"). WITNESSETH: WHEREAS, the City is the fee simple owner of a certain tract of land located at located at 600 North 4th Street, Paducah, McCracken County, Kentucky (the "Premises''), upon which the City desires to have constructed, developed, and operated an upscale hotel (the "Project"); and WHEREAS, on June 29, 2015, the City and the Developer entered into a Hotel Development Agreement (the "Development Agreement"), whereby the City and the Developer agreed that the City would lease the Premises to the Developer in exchange for the Developers agreement to construct, develop and operate the Project on the Premises; and WHEREAS, prior to consummating the lease of the Premises as provided in the Development Agreement, the Developer has requested a license from the City with regard to the Premises, in order for the Developer to make, or cause to be made, the demolition and removal of the concrete foundation currently existing on the Premises so as to prepare the Premises for the Project; and WHEREAS, the City has no objection with such license provided, however, the Developer understands, acknowledges and agrees to the indemnification provisions set forth in this Agreement, to which the Developer is agreeable. NOW, THEREFORE, it is agreed and understood by and between the parties as follows: 1. License. The City does hereby accord to the Developer a license to the Premises or the so ", ri—tW remov-1 ofthe-concrete-foundafion-current yyexishng=on the Premises and other reasonable and necessary site work to prepare the Premises for the Project (the "Work") The Developer has inspected the Premises, and has found the Premises to be in an acceptable state of condition and repair. The City disclaims all warranties of fitness, operable condition and condition of repair with respect to all parts of the Premises. The Developer accepts the Premises "AS IS", with all defects and deficiencies. 2. Term of License. The effective date of this license shall be October 6, 2015 and shall continue until revoked by the City or the completion of the Work. Upon the termination of this license, however such termination may be brought about, the Developer shall quit and surrender said Premises to the City. 3. Indemnification. In consideration of the aforesaid license, the Developer understands, acknowledges and agrees that in the event the lease of the Premises and the $12 Million Dollar loan for the construction of the Project on the Premises is not consummated in accordance with the terms and provisions of the Development Agreement on or before January 1, 2016, through no fault of the City relating to its commitments under the Development Agreement, the Developer shall use its diligent, good faith efforts to restore the concrete foundation to the Premises promptly and to the same condition existing immediately before the commencement of the Work; and shall assume and pay all of the costs and expenses relating thereto. The restoration of the concrete foundation to the Premises shall be of good quality, and shall be performed in a good and workmanlike manner, and in accordance with all state and local laws, ordinances and regulations. 4. Miscellaneous Provisions. The covenants, terms, and conditions and obligations set forth and contained in this Agreement shall be binding upon and inure to the benefit of the City and the Developer and their respective heirs, successors, and assigns. Interpretation of this Agreement and the enforcement of same shall be as determine by (lie laws of the Commonwealth of Kentucky. It is agreed and understood that the Developer shall have no right to assign any right or interest in and to this Agreement WITNESS our signatures on the date first above written. PADUCAIR RIVER -FRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner GLENN D. HIGDON Title: CITY OF PADUCAH, KENTUCKY Title: Fi, Agenda Action Form Paducah City Commission Meeting Bate: September 22, 2015 Short Title: Setting Tax Levies- Ail Valorem Propertues FY2016 Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Real estate and personal property tax levies for the City's General Fund and Paducah Junior College (PJC) as well as another (non -City) tax jurisdiction, the Paducah Independent School District, are proposed to be set as per the attached ordinance. Please refer to exhibits 1-3 for a history of the ad valorem tax levies for real estate (exhibit 1), personal (exhibit 2) & inventory (exhibit 3). The City's General Fund real estate tax levy is proposed to be $25.5 cents per $100 AV. The proposed FY2016 rate is 56% of what the rate was in FYI 995, when the City starting making a conscious effort to lower real estate tax rates (see ei-hibit 1). The City's General Fund personal tax levy is proposed to be $39 cents per S100 AV. The proposed FY2015 rate is 23% less than the FY 1995 rate (see exhibit 2). The City and PJC eliminated inventory taxes (see exhibit 3) on businesses in order to encourage business growth in Paducah many years ago. As you may recall, the City's inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax revenue would have been nearly $1.0 million in FY2016, if it were still in place. Staff proposes the City's tax levy be set at 25.5 cents per $100 assessed value (AV), the same rate as last year (FY2015). The FY2016 compensating rate is 24.7 cents per S 100 _ AV and_ Kentucky Revised Statutes (KRS) pe�lnits a city to ad List the compensating_ rate upward by not more than 4%, in this case to 25,7 cents. The City of Paducah is proposing to take an amount less than the 4% allowed by }QRS, as it has many times in the past (see chart A). From FY2001 to FY2016, the City of Paducah has dropped its -eal estate tax levy by 4.5 cents, while the School District tax levy increased 20.3 cents (see chart B). The Paducah Independent School District real estate levy will increase 2.9 cents to 80 cents;'S100 AV. While Paducah's levy was 25.5 cents last year, in a survey or 18 Kentucky cities last fall. S: Jon Perkins Word Properly Tax Management Agenda - Property Tax 1_; , fes FY201 h.Doc.x Agenda Action Fonn Paye , it was established that Paducah's rate was less than the group's average (5.2672). The historical average (FY2011-FY2015) of property tax rates for the cities surveyed continues to rise each year (see chart C). Last year, Paducah's rate was over a cent below the group's average of 26.72 cents. The property tax levy ordinance will be introduced on September 22, 2015 with the second and final reading on October 6, 2015. Since the C'ity's proposed tax levy is greater than the 'compensating rate' of 24.7 cents per SIM AV, a public hearing is required; a public hearing is scheduled for September 22, 2015. Goal:® Strong Economy® Quality Services® Vital Neighbu-hoods® Restored Downtowns 'l Funds Available: Account Name: N/A Account Number: N/A y Einartce Staff recommendation: Recommend that the Mayor and Commission adopt the proposed 2015-2016 real estate and personal ad valorem tax levies as proposed. moflo m: 1 move that an ordinance setting the levies and rates of taxation on all property in the City of Paducah, Kentucky, subject to taxation for municipal purposes and for school purposes for the period from July 1, 2015, thniugh June 30, 2016, be adopted. Attachments: Tables of Historic Tax Levies (3); Charts (3) LDepartment Head City Clerk0...ItyManager S: Jon Perlin; \O ord Property Tax Management Agenda - Property Tax 11e%ies FY2016.Doc.\ Agenda Action Fornl Paducah City Commission Mating Date: September 22, 2015 Short Title: Authorize Payment for emergency repay of the Cooling Tower at the Parks Service building located at 1400 H. C. Maibis Drive ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By. Angela Weeks,. EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer•Fublic Works Director Background Information: The Parks Service building located at 1400 H. C. Mathis Drive, Air Conditioning Cooling Tower became inoperative and did not properly cool the building. Three quotes were obtained to remove and replace the Air Conditioning Cooling Tower, all in excess of $20,000. The lowest bid received for this work is in the amount of $26,800.00 as submitted by Commercial Marine & Industrial Heating & Air Conditioning, Inc. Due to the high summer temperatures, the City Manager declared an emergency to exist on September 3, 2015, necessitating the immediate replacement of the Cooling Tower at the Parks Service Building located at 1400 H. -C. Mathis Drive. Therefore, Corunercial Marine & Industrial Heating & Air Conditioning, Inc. was contacted and directedto proceed with the replacement of the Cooling Tower and the replacement work is in progres>. Goal; []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available; Account Name: a nvj r Pv r./ Pe-w--vT Account Number: ooi -z2 i(a- 531 - 3305 Finance Staff Recommendation: To authorize the Finance Director to pay Commercial Marine& Industrial Heating & Air Conditioning, Inc., $26,800 upon the completion of the emergency replacement of the Cooling Tower at the Parks Service Building located at 1400H. C. Mathis Drive. Attachments: Emergency Declaration and quotes Depart ent City Clerk City Manager Agenda Action Form Paducah City Commissioa Meet ng Date: September 22, 2015 Short Title: Memorandum of Agreement with Paducah & LouisvilIe Railway, Inc., for Improvement to an Existing At -Grade Railway Crossing for the Olivet Church Roadway Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑Resolution 5 Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Nfurphy, P.E., City Engineer -Pubic Works Director Background Information: As designed, the Olivet Church Roadway Project requires improvement to an existing at -grade railway crossing owned by Paducah & Louisville Railway "P&L,' which is located on Olivet Church Road near Commerce Drive. Due to the expertise level required to improve the existing railway crossing, P&L has agreed td perform the required work in accordance with the attached Memorandum of Agreement. The MOA states that P&L will be responsible for all aspects of the work related to the completion of the railway cros$tig, including project documents, plans, specifications, construction, permits, inspection and testing. Upon_ completion of the railway crossing work by P&L; the City will reimburse P&L the total amount of $196,381.81. Any costs in excess of this amount will be the responsibility of P&L. However, the City will be responsible to pay on a separate invoice all temporary railway flagging expenses. Additionally, the City will be responsible for the maintenance of traffic and the removal of excess crossties or ballasts. In order to facilitate payment to Pori, for this railway crossing wcek, it is requested that a portion of the remaining Series 2013B Bond Proceeds be transferred to the Olivet Church Roadway Project Account ST0039. Goal: ®Strong Economy ®.Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Olivet Church Roadway Proj 9 l t 5 Account Number: 040-3315-532-2307 ST0039 Finance Stat, Recommendation: To -adopt an Ordinance authorizing the Mayor to execute a Memorandum of Agreement with Paducah & Louisville Railway, Inc.., for Improvement to an Existing At -Grade Railway Crossing for the Olivet Church Roadway Improvement Project and to authorize the Finance Director to issue payment to P&L for the following: • To authorize the transfer of a portion of the remaining Series 2013B.Bond Proceeds to the Olivet Church Roadway Project Account ST0039. • To pay P&L $196,381.81 upon completion of the railway crossing work. • To pay P&L the total costs associated with railway flagging on a separate invoice. Agenda Action Form Attachments: Memorandum of Agreement and the railway crossing costs. Page 2 Agenda action Form Paducah City Commission ivl,teCing Date: September 22, 2015 Short Title: Purchase of One Regenerative Sweeper to be used by the EPW- Street Division IINOrdinance ❑ Emergency [:]IMunicipal Order ❑ Resolctcn 71Motion Staff Work By: Randy Crouch, EPW Maintenanc,- Supt. Kathy Wyatt, EPW Admin Asst.11 Presentation By: Rick Murphy, P.E., City Enginee-•Public Works Director Background Information: On August 26, 2015 sealed written bids were opened for theipurchase of one Regenerative Street Sweeper to be used by the EPW Street Division. Oner--sponsive bid was received from Stringfellow Inc. in the amount of $182,437.00, The estirnated time for delivery of the new truck will be 75 days after contract execution. Goal: []Strong Economy ®Quality Services ❑Vital Neighborl;oods ❑Restored Downtowns Funds Available: Account Name: Fleet Fund Account Number: 071-0210-542-4005 mance Staff Recommendation; To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a contract with Stringfellow Inc. for the purchase of one Regeaerative Street Sweeper for use by the EPW Street Division in the total amount of $1.82,437.00. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract A =--_Departent_He d __ ____ City Clerk C y I lanager Atn genda Action Form Paducah City Commission Meeting Date: September 22, 201: Short Title: Purchase of One Side Arm Loading Trxc!t to be used by the EPW- Solid Waste Division ®Ordinance ❑ Emergency ❑Municipal Order ❑ Resohtion ❑ Motion Staff Work By: Randy Crouch, EPW Maintenanc- Supt. Kathy Wyatt, EPW Admin Asst.[II Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On August 26, 2015 sealed written bids were opened for the purchase of one Side Loading Refuse Truck to be used by the EPW Solid Waste Division. Two responsive bids were received, with McBride Mack Inc. submitting the lowest evaluated bid in the amount of $258,732.00. The estimated time for delivery of the new truck wilt be 75 days after contract execution. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighb i -hoods ❑Restored Downtowns Funds Available: Account Name: Solid Waste Residential Account Number: 050-2209-531-4007 *innqall!(� Staff Recommendation: To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a contract with McBride Mack Inc. for the purchase of one Sidle Arm Loading Refuse Truck for use by the EPW Solid Waste Division in the total amount of $258,732.00. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract I :: L Aityanager Departm nt e City Clerk I Agenda Action Form Paducah City Commission Meeting Date: 6 Oct 2015 Short Title: U.S, Department of Homeland Security/FEMA - 2015 Port Security Grant Program ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Brandon Barnhill, Former A/C Stacey Grimes, Sheryl Chino Presentation By: Brandon Barnhill Background Information: The FY2015 Port Security Grant Program (PSGP) directly supports marifime transportation 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 potential terrorist attacks. The City of Paducah was awarded funding through this program in 2009 and in 2013 for security camera instaiiation at the new boat ramp. Under Municipal Order 1838, the City Commission authorized the submittal of a 2015 Port Security Grant Application for a portable surveillance/camera system to aid in providing security of the floodwall and downtown infrastructure. The City has been awarded $37,121 from the Port Security Grant Program with a match requirement is $12,374. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Project Name: 2015 Port Security Project #: EQ0025 File #; 6.277 Fin anc Acct. #: 040-0102-511.23-07 Budget: $49,495 Zo Source of Funds: $37,121 federal grant, $12,3741e match to be provided from the Police Dept's FY2016 operating budget Staff Recommendation: Authorize and direct the Mayor to sign all required grant related documents; as well -- ---- ---_ as-uthodze-the_acceptance of the rant award.thrcu h EEL4A s -ND mnls=.vab- ft, -- - - — M N Attachments: None �2aPnM—eaWd City Clerk City Manage ORDINANCE NO. 2015 -10 - AN ORDINANCE AUTHORIZING AND DIRECT NIG THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING THERETO WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR A 2015 PORT SECURITY GRANT WHEREAS, on May 12, 2015, through the approval of Municipal Order 1838, an application was submitted to the U.S. Department of Homeland Security FEMA Port Security Grant Program for the City of Paducah for a portable surveillance(camera system to aid in providing security of the floodwail and downtown infrastructure; and, WHEREAS, the U.S. Department of Homeland Security has approved the plan and is ready to offer the award of this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized and directed to execute all documents necessary with the U.S. Department of Homeland Security to obtain a 2015 Port Security Grant in the amount of $37,121.00 for the purchase and installation of equipment to extend video surveillance coverage of the floodwall and downtown infrastructure. Local matching funds are in the amount of $12,374.00. SECTION 2. This expenditure shall be charged to the 2015 Port Security account, account number 040-0102-511-2307. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson. City Clerk Introduced by the Board of Commissioners, October 6, 2015 Adopted by the Board of Commissioners October 13, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 13, 2015 Published by The Paducah Sun, \ord\police\grant-2015 Port Security-floodwall & downtown 10-2015 Agenda Action Form Paducah City Commission Meeting Date: October 6, 2015 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE CONTRACT AND EXECUTE ALL DOCUMENTS NECESSARY WITH P&L RAILWAY FOR THE PURCHASE OF LAND LOCATED AT 619 NORTH 6T" STREET ®Ordinance F-1 Emergency Ll Municipal Order ❑Resolution ❑ Motion Staff \N%ork By: Doolittle Presentation Bv. Doolittle Background Information: The P&L Railroad of Paducah owns approximately 4.831 acres of real estate at 619 N. 6"' Street (N. 6`h and Campbell Street). The land is currently vacant. We will Pkacquire this property to relocate the Pavilion Dome. The property was appraised by Sirk and Company for $315,000. The P&L have agreed to accept $295,000. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods® Restored Downtowns Funds Available: Account Name, p-Too0 1.0e- e Zl l Account Number: ,�r� Finance G i'��111 A � A. Staff Recommendation: The staff recommends approval Department Head Cite Clerk 11 City Manager 192230 ORDINANCE NO. 2015 -10 - AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A CERTAIN TRACT OF REAL ESTATE GENERALLY LOCATED AT 619 6TH STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM PADUCAH & LOUISVILLE RAILWAY, INC., FOR A PUBLIC PURPOSE WHEREAS, the Board of Commissioners of the City of Paducah has determined that it is necessary, appropriate, or in the best interest of the City to purchase a certain tract of real estate generally located at 619 6" Street, Paducah, McCracken County, Kentucky 42001, which is more particularly depicted on Exhibit A attached hereto (the "Property"); and WHEREAS, the City of Paducah has reached an agreement for the purchase of the Property with the owner thereof, Paducah & Louisville Railway, Inc., a Kentucky corporation, ("Seller") for the purchase price of TWO HUNDRED NINETY-FNE THOUSAND AND 00/100 DOLLARS ($295,000.00), which agreement is to be memorialized by a written real estate purchase agreement to be entered into by and between the parties; and WHEREAS, the Board of Commissioners of the City of Paducah concur and find that the purchase of the Property for the purchase price of TWO HUNDRED NINETY-FNE THOUSAND AND 00/100 DOLLARS ($295,000.00) is in the best interest of the City. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners of the City of Paducah hereby approves and consents to the purchase and acquisition of the Property from Seller for the purchase price of TWO HUNDRED NfNTTETY-FIVE THOUSAND AND 00/100 DOLLARS ($295,000.00) and further approves of the negotiation and execution of a real estate purchase agreement between the City and Seller upon such terms and conditions approved by the City Manager and Corporation Counsel. It is hereby found and deteirnined that the acquisition is public property to be used for the public purposes of the City. SECTION 2. It is further determined that the City Manager, on behalf of the City of Paducah, Kentucky, is authorized to execute the real estate purchase agreement and the Mayor, on behalf of the City of Paducah, Kentucky, is hereby authorized to execute the warranty deed and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Seller in accordance with this Ordinance. SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 1 from general fund of the City of Paducah, Kentucky. SECTION 4, Corporate Counsel is hereby authorized to conduct such due diligence and investigation as it deems necessary and in the best interest of the City. Further Corporate Counsel is authorized to prepare the real estate purchase agreement, warranty deed, closing statement and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Seller in accordance with this Ordinance. SECTION 5. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6. This City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this Cite 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 mifi applicable legal requirements. SECTION 7. All ordinances; resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are.. to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 8. This ordinance shall be read on two separate days and �xlll become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: Cite Clerk Introduced by the Board of Commissioners, October 6, 2015. Adopted by the Board of Commissioners, October 13, 2015. Recorded by Tammara S. Sanderson, City Clerk, October 13, 2015 Published by The Paducah Sun, 2015. \ord\prop pur-619 S 6"' — p & 1 railway EXHIBIT "A" Being Tract A, containing of 4.831 acres, as set forth cn the Waiver of Subdivision Plat for P & L Railway 619 6`h Street property, of record in Plat Section "M'', page 318, McCracken County Court Clerk's Office, as surveyed by Civil Design Group, Inc., a. Clay Robinson, PLS 3219 on November 8, 2009. Being part of the same property conveyed to Paducah &:. Louisville Railway, Inc., a Kentucky corporation, from VMV Enterprises, Inc., a Kentucky corporation, by deed dated August 27, 1986, of record in Deed Book 717, page 403, in the McCracken County Court Clerk's office, and from Illinois Central Gulf Railroad Company, a Delaware corporation, Mississippi Valley Corporation, a Delaware corporation, and Citizens Bank and Trust Company of Paducah, Trustee, by deed dated August 27, 1986, of record in Deed Book 691, page 342, in the aforesaid clerk's office. Illinois Central Gulf Railroad Company having acquired the property from Illinois Central Railroad Company, an Illinois corporation, by deed dated August 10, 1972, of record in Deed Book 543, page 519, in the aforesaid clerk's office. Illinois Central Railroad Company having acquired the property from Chicago, St. Louis and New Orleans Railroad Company, by deed dated July 23, 1951, of record in Deed Book 306, page 301, in the aforesaid clerk's office. Chicago, St. Louis & New Orleans Railroad Company having acquired the property from Paducah Union Depot Company, by deed dated March 21, 1913, of record in Deed Book 100, page 205, in the aforesaid clerk's office. 4 192139ver2 REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT (this "Agreement") is made and entered into on the day of , 2015, by and between PADUCAH & LOUISVILLE RAILWAY, INC., a Kentucky corporation, of 200 Clark Street, Paducah, KY 42001, ("Seller"), and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the home rule class existing under the laws of the Commonwealth of Kentucky, and a body politic and corporate of P. O. Box 2267, Paducah, KY 42002-2267, ("Purchaser"). WITNESETH WHEREAS, Seller is the owner in fee of a tract of real property located at 619 6t1i Street, Paducah, Kentucky 42001, which is more particularly described in Exhibit A attached hereto, together with all of Seller's right, title and interest in all other property rights and interests connected with or ancillary to the real property, including but not limited to any interest in streets, alleys, easements, development rights, improvements, fixtures, and appurtenances thereto, any strips or gores (collectively the "Property"); and WHEREAS, subject to the terms and conditions hereof, Purchaser desires to purchase from Seller, and Seller desires to sell to Purchaser, the Property; and NOW, THEREFORE, in order to consummate said purchase and sale and in consideration of the mutual agreements set•forth herein; and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties do hereby covenant and agree as follows: SECTION 1. 1I Sale"' flAje.Property. Subject to the provisions of this Agreement, Purcha' K agrees to puree from Seller and Seller agrees to grant, bargain, sell and convey t4pi-chaser, at this losing (hereinafter defined in Section 6.1) the Property. SECTION 2. AYMENT. 2.1 PurciiL_rice. The purchase price for the Property will be the sum of SECTION 3. TITLE, SURVEY. AND INSPECTIONS. 3.1 Title Commitment/Survey. Purchaser, at Purchaser's expense, may obtain (i) a title commitment (the "Commitment") showing Seller as the record title owner of the Property, and the terms by which the title company agrees to issue to Purchaser, at Purchaser's option and expense, an owner's policy of title insurance (the "Title Policv") issued on form ALTA Owner Policy, together with any endorsements, extended coverage. or modifications to the Title Policy as may be requested by Purchaser in the amount of the Purchase Price insuring Purchaser's fee simple title to the Property subject to the terms of such policy and the Permitted Exceptions as herein described and (ii) a survey of the Property (the "Survey"). 3.2 Title Defects. In the event the Commitment or the Survey reflect any matter which in the Purchaser's sole and absolute discretion materially affects Purchaser's fee simple estate or materially affects Purchaser's ability to use and occupy the Property for its intended purpose, Purchaser may object to said matter by delivering written notice to Seller ("Purchaser's Notice"), if at all, on or before the twentieth (20"') day after the Effective Date. Seller shall respond to Purchaser's Notice within five (5) business days of receipt thereof, indicating which, if any, of the disapproved matters Seller will cause to be satisfied, discharged or otherwise cured as of the Closing or indicating Seller's election not to satisfy, discharge or otherwise cure any of Purchaser's disapproved matters. In the event; (i) Seller elects not to satisfy, discharge or otherwise cure any of Purchaser's disapproved matters to Purchaser's satisfaction or (ii) if Seller does not agree to satisfy, discharge or otherwise cure Purchaser's disapproved matters; then Purchaser may elect to (i) waive its objections and proceed to the Closing or (ii) terminate this Agreement; thereafter neither party shall have any further liabilities or obligations to the other hereunder. As used in this Agreement, the term "Permitted Exceptions" shall mean (i) all matters listed in the Cornmitment and shown by the Survey which Purchaser does not deliver an objection to on or before the expiration of the foregoing twenty (20) day period and (ii) and any intervening liens and matters that are suffered or created after the date of the Commitment or the Surrey, but before the date of Closing that are approved in 4vriting by Purchaser. 3.3 Inspection Period, Purchaser shall have an inspection period which shall commence on the Effective Date and shall continue for a period of sixty (60) days after the Effective Date, (the "Inspection Period") to review the Survey; Commitment and the other materials.. complete a physical inspection of the Property, to conduct soil tests and engi"°fixing��' to test for the presence of hazardous substances and wastes and inves , > to other env J., : ental issues; to ascertain the availability and sufficiency of utilities��he Property; ��`tudy drainage; to review zoning; to determine whether there j �,. '� is or wil , dequate acep's to the Property; to review deed restrictions and any other limitations ori enants. c drtrons and restrictions on land use; to examine the Property; to review and i`r3wigate tes, assessments, and any other matter affecting the Property; and to obtain alhinen?al approvals that Purchaser may require for it to acquire the Propert_}_ in ac.c.orYith the terms set forth in this Agreement. Seller shall cooperate with Purchaser int ma -rng o t e oregorng investigations and s a provi e wrtYun five (5) days of the Effective Date copies of any soil testing reports or other documentation regarding the environmental issues involving the Property. If Purchaser determines, in its sole and absolute discretion and for any reason, not to proceed with the transaction set forth in this Agreement, Purchaser shall so notify Seller on or before the expiration of the Inspection Period, If Purchaser fails to deliver the above notice to Seller on or before the expiration of the Inspection Period, Purchaser shall be deemed to have notified Seller on the last day of the Inspection Period 2 that Purchaser is consummating this Agreement. FURTHER, FAILURE TO NOTIFY SELLER BY WRITTEN NOTICE OF ANY DEFECTS BEFORE EXPIRATION OF THE INSPECTION PERIOD SHALL CONSTITUTE A WAIVER OF SUCH DEFECTS, AND PURCHASER SHALL TAKE THE REAL ESTATE "AS IS" WITH RESPECT TO SUCH DEFECTS. 3.4 Access to the Property. Seller hereby grants to Purchaser and Purchaser's agents and representatives the right to enter upon the Property at Purchaser's expense from the Effective Date until Closing or until the termination of this Agreement for the purpose of making inspections, measurements, surveys and conducting such tests and examinations as Purchaser deems necessary, including but not limited to engineering studies, core borings, drillings, environmental studies and hazardous waste studies. Purchaser shall indemnify and save Seller harmless against and from any and all liability, loss, cost damage and expense (including, without limitation, reasonable attorneys' fees, costs and disbursements incurred in enforcement. of this indemnity) arising from Purchaser's or Purchaser's agents' or representatives' activities set forth in this Section. Seller acknowledges, and Purchaser agrees, that during the foregoing period, Seller will have complete control of the Property and Purchaser will have only the rights with respect thereto specifically set forth in this Agreement. SECTION 4. REPRESENTATIONS. WARRANTIES, AND COVENANTS. 4.1 Makin of f Representations, Warranties and Covenants of Seller. As a material inducement to Purchaser to enter into this Agreement and consummate the transactions contemplated hereby, Seller hereby makes to Purchaser the representations, warranties and covenants contained in this Section: (a) Seller has marketable title in the Property, free and clear of adverse mattem:4,f�cting title, except for Permitted Exceptions as defined herein. There , is no pend,]1 r of to #he, best knowledge of Seller, any threatened condemnation or Simi larroceeding affetzg the Property or any portion of the Property. (b) Seller':5hal I not enter into any contract of sale of the Property and no other pariyis been previously granted by Seller a right of first refusal or first option to purchase theme r'bperty tp, be transferred hereunder. (c) `There is no litigation or goverrunental or administrative proceeding en—in r—trTthe=l r�o }ed - eatErred �rrstthe S 11ei� which may have any adverse effect on Seller's properties, assets, prospects; financial condition or business or which would prevent or prohibit the consummation of the transactions contemplated by this Agreement. (d) At the time of the Closing, there will be no outstanding contracts executed by Seller for any improvements to the Property, and Seller shall cause to be discharged prior to the Closing all mechanics' or materialmen's liens arising fi-om anN labor or materials furnished to the Property or arising from contracts executed by Seller 3 prior to the Closing (whether or not such contracts have been fully performed), and Seller shall terminate all such contracts at Closing at Seller's sole cost. (e) At the time of the Closing, there will be no indebtedness encumbering the Property. (f) Setter shall continue to maintain and enforce its existing insurance with regard to the Property. All risk of loss of Property shall remain with Seller until Closing hereon. (g) Seller is not a "foreign person" within the meaning of Section 1445(f) (3) of the Internal Revenue Code of 1986. (h) Seller has full power, authority and legal right to enter into this Agreement and to consummate the transactions provided for herein. All actions on the part of Seller necessary to approve the transactions contemplated by this Agreement have been duly taken as required by applicable law and any applicable agreements. This Agreement has been executed and delivered by Seller and constitutes the valid and binding agreement of Seller enforceable in connection with its respective terms. As of the Closing, the Deed and other agreements, documents and instruments required to be delivered by Seller in accordance with, the provisions hereof, if any, will have been duly executed and delivered. (i) The Seller has not received a notice from any goverrtmental authority of any violation of any lav,, ordinance, regulation, license, permit or authorization issued with respect to any of the Property, including without limitation any applicable laws or regulations promulgated thereunder to date, governing or creating liability for the existence, contamination, treatment, storage, disposal or release in, on or under the Prop.zCynf any asbestos or any other hazardous, toxic or dangerous waste, \ lI �\ substanc ;.nr maferrt ; i ich•has not been corrected heretofore and, to the best knowledge of the„eller; no suchQ:tion now exists which could have an adverse effect on the oper'ab�any of the Priaperty. To the best knowledge of Seller, all improvements constitutil dart of the Pr erty are in compliance in all material respects with all applicable s a e'lgws, or ii. rices, regulations, licenses, permits and authorizations and there is at least thQ,:: minim"'. access required by applicable subdivision or similar law to the Property. - -- --- ------- - - - --- - 4.2 Surviva o Representations. Warranties. an ovenanfs�. n the e-, e any of Seller's representations, warranties or covenants hereunder are determined to be false or misleading prior to Closing, Purchaser shall have the option of (i) waiving such failure and proceeding to the Closing subject thereto; or (ii) declaring this Agreement to be in default and exercising the remedies available to Purchaser under Section 8, including but not limited to the right to terminate this Agreement. All of the covenants, representations and warranties of Setter shall survive the Closing and shall not be merged therein. 4 SECTION 5. CONDITIONS PRECEDENT TO CLOSING. 5.1 Conditions to Closing. Seller and Purchaser acknowledge that the following conditions precedent to Closing must be satisfied or waii,ed by benefitting party prior to Closing: (a) Seller shall have timely performed and complied with all of Seller's covenants and obligations under this Agreement; (b) Purchaser shall have timely performed and complied with all of Purchaser's covenants and obligations under this Agreement; (c) The representations and warranties of Seller shall be true and correct as of the date of Closing; (d) Purchaser, at the end of the Inspection Period, shall have determined to proceed with the transaction set forth in this Agreement; (e) The Deed (as defined below) and each of the other documents required to be delivered by Seller pursuant to the terms and conditions of this Agreement shall have been delivered within the time specified in this Agreement and shall be in form and substance satisfactory to Purchaser: and (f) Approval and consent of the purchase of the Property and the terms of this Agreement by the City Commission of the City of Paducah; and In the event any of the conditions precedent to Closing are not satisfied or waived by the benefitting party prior to Closing, this Agreement shall terminate without waiving rights and.jemedies available under Section 8 herein. SECT'ION:.6. CLOSIlNIG ACTIVITIES. 6.1 `'''Time and Plate of Closing. Subject to the full performance or waiver of performance of%ll partiesof their respective duties set forth in this Agreement and the satisfaction or wai ,gispf1a11 of the conditions to Closing set forth in this Agreement, the "Closing" of the sal" ;contemplated hereby shall be held through the offices of Denton aw it m, — 'thin si- afteNl�Erf€ee-true--Date; -at- a date and -time --- -- - - -= . xty-fiv etea:)' - to be mutually agreed upon► by the parties, provided Purchaser has not elected to terminate this Agreement in accordance with Section 3.3, unless the patrties agree in writing to extend the Closing to a date mutually agreeable to the parties. 6.2 Pavment of the Purchase Price. At the Closing. Purchaser shall pay to Seller the Purchase Price. adjusted pursuant to this Agreement. Such payment shall be made in cash or by federal funds wire transfer to a commercial bank account designated by the Seller. 5 6.3 Documents to be Delivered by Seller. At the Closing, Seller, at its expense, shall deliver to Purchaser: (i) a duly executed and acknowledged special warranty deed in proper statutory form conveying the Property according to the legal description of record free and clear of all liens and encumbrances, except for real property ad valorem or franchise taxes levied in the year of the Closing, Permitted Exceptions and such intervening liens, if any, as Purchaser hasapproved in writing ("Deed"); (ii) evidence satisfactory to Purchaser and title company that any encumbrances or liens theretofore affecting the Property have been paid and discharged of record; (iii) a non -foreign person affidavit in compliance with Section 1445 of the Internal Revenue Code of 1986, as amended; (iv) vacant possession of the Property; and (v) such other instruments, documents or affidavits, in form and content reasonably satisfactory to Purchaser's counsel, as are necessary or appropriate to (a) properly and completely vest title to the Property in Purchaser and (b) comply with the terms and conditions of this Agreement. 6.3 Closing Statement. Purchaser shall prepare a "Closing Statement" which reflects adjustments which will be made to the Purchase Price for ad valorem or franchise taxes; transfer taxes; the balance of any mortgage or lien enctunbering the Property; any title defect that can be cured by expending money; and any additional amounts owed by Purchaser or credits due to Purchaser. Purchaser and Seller shall execute the Closing Statement at Closing. 6.4 Ad Valorem Taxes, Real Property Taxes and Governmental Assessments. Ad valorem or franchise taxes and/or real property taxes assessed against the Property for the current year shall be prorated as of the date of Closing. 6.5 Transfer Taxes and Closing LCos t. Any and all deed transfer taxes shall be paid by Seller at Closing. Any and all deed recording fees and customary closing costs shall be pai�>zY„ Purchaser at Closing. Seller shall pay for preparation of the deed. Purchase.�Aa11 pa`Q.1`; 11 fees for preparation of this Agreement. 6.6., Title andtirayey Expenses. The expense of examination of title and all title insurance premiums,tiy, to issue the Commitment and Title Policy and the cost of any Survey al be paid asspecified in Section 3. 1, by Purchaser. SECTION 7 each other that no real estate broker is entitled to any commission as listing agent, Purchaser's or Seller's agent or as the procuring cause of this transaction resulting from any actions or words by or on behalf of either party. and Purchaser and Seller agree to indemnify and hold each other harmless from any claim or demand made by any brokers. R SECTION 8. DEFAULT AND REMEDIES. 8.1 Default and remedies of parties. If either Seller or Purchaser fail to comply with any or all of the obligations, covenants, representations, wan -antics or agreements to be performed, honored or observed by them under and pursuant to the teens and provisions of this Agreement the Party claiming that such a breach has occurred shall give written notice to the breaching Party. The breaching Party shall have a period of seven (7) days following the effective date of said notice within which to correct the default, or in the case of a default which is of a nature that cannot reasonably be corrected within such seven (7) -day period, within which to commence action to correct the default. In the event that the breaching Party shall fail to correct such default within said seven (7) -day period or, if applicable; to commence action to correct such default within said seven (7) -day period and thereafter diligently to pursue the same to completion, the non -defaulting Party may, at its option, (a) elect to enforce the terms hereof by action for specific performance, (b) proceed to close this transaction notwithstanding such breach or failure (without waiving any right or remedy which might otherwise be available at law or in equity arising from such breach or failure), or (c) terminate this Agreement without waiving its rights to seek damages and other relief available at law or equity. Each of the Parties confirms that damages at law may be an inadequate remedy for a breach or threatened breach of any provisions hereof. The respective rights and obligations hereunder shall be enforceable by specific performance, injunction; or other equitable remedy, but nothing herein contained is intended to or shall limit or affect any rights at law or by statute or other -wise of any Party aggrieved as against the other Party for a breach or threatened breach of any provisions hereof. SECTION 9. RISK OF LOSS AND POSSESSION. 9.1 Risk of Loss. Subject to the provisions hereof. Seller shall have all risk of loss to the Property�pntil Closing and conveyance to Purchaser. Purchaser shall assume all risk of-,Ibiss to tihi6 Ptoperty after the Closing. '`9.2 Possession: Possession of the Property shall be delivered to Purchaser and relingi�ashed by Seller'tthe Closing unless an otherwise mutually agreeable date is agreed upon uy�tbe parties i'writing. SECTION 10. MISCELLANEOUS. �. . xecu toil-bti;-E# h-�a rr�t es 1-1tTs gr�eme sial e e ec-ire - and binding until fully executed and delivered by both Purchaser and Seller (the "Effective Date"). 10.2 Captions. The captions employed in this Agreement are for convenience only and are not intended to in any «•ay limit of amplify the terms and provisions of this Agreement. 103. Entire Agreement. This Agreement contains the complete agreement between the parties and cannot be varied or waived except by the written agreement of the parties. The parties agree that this Agreement constitutes the entire agreement between the parties and no other oral agreements, understandings, representations or ,.vaiTanties prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. 10.4 Successors and Assigns. This Agreement shall apply to, inure to the benefit of and be binding upon and enforceable against the parties hereto and their respective successors, assigns, and legal representatives to the same extent as if specified at length throughout this Agreement. The parties hereto shall not assign its rights and liabilities under this Agreement without the prior written consent of the other party. 10.5 Gender and Number. The plural shall include the singular and the singular, the plural, wherever the context so permits. The masculine shall include the feminine and the neuter; the feminine, the masculine and the neuter, and the neuter, the masculine and the feminine. 10.6 Attorneys' Fees and Other Costs. The parties to this Agreement shall bear their own attorneys' fees in relation to negotiating and drafting this Agreement. Should Purchaser or Seller engage in litigation to enforce their respectiA'e rights pursuant to this Agreement, the prevailing party shall have the right to indemnity by the non -prevailing party for an amount equal to the prevailing party's attorneys' fees, court costs and expenses arising therefrom. 10.7 Governinp, Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without giving effect to any conflicts of laws. Venue for any civil litigation shall be in McCracken C.opntY, Kentucky. 110.8 Notice�Ah, notices required, permitted, or given pursuant to the provisi6l'':9f this Agreett7e t shall be in writing; and either (i) hand delivered, (ii) delivered`t t,' ertified mail :postage prepaid, return receipt requested, (iii) delivered by an service, 'o\ iv delivered b y facsimile machine or email, followed overnight delve} { ) } within twenty-four24) hours by delivery under options (i), (ii) or (iii) addressed as follows: Paducah & Louisville Railway, Inc. 200 Clark Street Paducah, KY 42001 Attention: Tom Garrett jtgan•ett@palrr.com If to Purchaser: City of Paducah Kentucky With copy to: City Hall 300 South 5"' Street Paducah, KY 42001 Attention: Steve Doolittle sdoolittle@paducahky.gov Lisa H, Emmons Denton Law Firm, PLLC 555 Jefferson Street, Suite 301 Paducah, KY 42001 lenimoiis@dei)ton.fin-n.com Notices shall be deemed delivered upon receipt. The addresses given above may be changed by any party by notice given in the manner provided herein. 10.9 Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday under the laws of the state in which the Property is located, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 10.10 Preparation of Agreement. This Agreement shall not be construed more strongly against either party regardless of who is responsible for its preparation. 10.11 Exhibits. All exhibits attached hereto are incorporated herein by reference and made a part hereof as if frilly rewritten or reproduced herein. 10.12 :;Further Agreements. Seller and Purchaser agree to execute; acknowledge, and deliver, or cause Tobe delivered, any and all such conveyances, assignments; confirmations, satisfactions, releases, instruments of further assurance, approvals, consent4zand such other `instruments and documents as may be reasonably necessary to carry out the:intent and purpose of this Agreement and the transactions contemplated hereby. 10.13 AgIfeeirnent'to Cooperate. Seller agrees prior to Closing to fully cooperate -Niith-P-ur-chastLn-th6,jnN�estigatioD and review of the Property. Anter the Closing and to t e extent it is av utocoo so;Seller agree o y coopI i- - 1—YVfaYef-i.— th -- — --- development of the Property for Purchaser's intended use. 10.14 Counterparts. This Agreement may be executed in t\vo or more counterparts, each of which shall be deemed an original. 10.15 Business Day. The tenn "Business Day" shall mean every day other than Saturday, Sunday and legal holidays recognized by the Commonwealth of KentuckV upon which McCracken County government offices are closed. VA, 10. 16 Time of Essence. Time will be of the essence �\,ith respect to the performance of the terns and conditions of this Agreement. IN WITNESS WHEREOF; the parties have respectively caused this Agreement to be executed as of the respective dates shown below. SELLER: PADUCAH & LOUISVILLE RAILWAY, INC. Tom Garrett, President Date: - IN PURCHASER: CITY OF PADUCAH, KENTUCKY By:_ Title: Date: EXHIBIT "A" Being Tract A, containing of 4.831 acres, as set forth on the Waiver of Subdivision Plat for P & L Railway 619 6"' Street property, of record in Plat Section "M", page 318, McCracken County Court Clerk's Office, as surveyed by Civil Design Group, Inc., a. Clay Robinson, PLS 3219 on November 8, 2009. Being part of the same property conveyed to Paducah & Louisville Railway, Inc., a Kentucky corporation, from VMV Enterprises; Inc,, a Kentucky corporation, by deed dated August 27, 1986, of record in Deed Book 717, page 403, in the McCracken County Court Clerk's office, and from Illinois Central Gulf ;Railroad Company; a Delaware corporation, Mississippi Valley Corporation, a Delaware corporation, and Citizens Bank and Trust Company of Paducah, Trustee, by deed dated August 27, 1986, of record in Deed Book 691, page 342, in the aforesaid clerks office. Illinois Central Gulf Railroad Company having acquired the property from Illinois Central Railroad Company, an Illinois corporation; by deed dated August 10, 1972, of record in Deed Book 543. page 519, in the aforesaid clerk's office. Illinois Central Railroad Company having acquired the property from Chicago, St. Louis and New Orleans Railroad Company, by deed dated July 23, 1951, of record in Deed Book 306, page 301, in the aforesaid clerk's office. Chicago, St. Louis & New Orleans Railroad Company having acquired the property from Paducah Union Depot Company; by deed dated March 21, 1913, of record in Deed Book 100, page 205.,, in the aforesaid clerk's office. 12 Agenda Action Form Paducah City Commission Meeting Date: October 6, 2015 Short Title: An Ordinance Amending Chapter 30, "Civil Emergencies" of the Code of Ordinances of the City of Paducah, Kentucky ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Lisa Emmons, Esq. Presentation By: Jeff Pederson, City Manager Background Information: KRS 65.870 prohibits local governments from occupying any part of the field of regulation of the manufacture, sale.. purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition; components of firearms, components of ammunition, firearms accessories or combination thereof. Pursuant to this statute, *' is necessary to amend Chapter 30 of the Code of Ordinances of the City of Paducah, Kentucky. Said Ordinance shall be amended to remove Section 30-3(a)(3) in order to comply with the current Statute. STAFF RECOMMENDATION: Amend Chapter 30 of the Code of Ordinances to remove language that is in contradiction to Kentucky Revised Statute 65.870, namely that portion that states that the City, after proclamation of a civil emergency, is authorized "to require all businesses displaying or selling any firearms, explosives, or ammunition to remove and securely lock up all such items until further orders." Attachments: Ordinance ri ------ Department Head Clerk` —t } 'nager ri 19189 ORDINANCE NO. 2015 -10 - AN ORDINANCE AMENDING CHAPTER 30, "CIVIL EMERGENCIES" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 30, "Civil Emergencies," of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts that prohibit local governments from occupying any part of the field of regulation of the manufacture; sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Chapter 30, "Civil Emergencies," is hereby amended and restated to read as follows: CHAPTER 30 — CIVIL EMERGENCIES See. 30-1. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Civil emergency. (1) A riot or general civil disobedience characterized by five or more persons engaged in a course of disorderly conduct ,,with the intent to commit a felony or misdemeanor or with - -- the inten-tto-prevent-or-coerce-official action: -- (2) Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. (3) The threat or apparent inevitable occurrence of either subsection (1) or (2) of this definition. Curfelr. A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city, excepting persons officially designated with reference to the civil emergency. Sec. 30-2. Proclamation of civil emergency. When in the judgment of the Mayor, or Commissioner acting in his behalf, a civil emergency, as defined in section 30-1 of this chapter, is deemed to exist, he shall forthwith proclaim, in writing, the existence of same. Sec. 30-3. Measures authorized after proclamation. (a) After proclamation of a civil emergency, the Mayor, or Commissioner acting for the Mayor, is hereby authorized to take any of the following measures to suppress and control riots, general civil disobedience, disorder following a natural disaster, or the threat of any of the above, whenever any of same shall occur in the city - (i) To declare hours of curfew for ail persons, and, during the hours of curfew, no persons except police, firefighters, utility employees and any specifically exempt persons, while performing a duty of emergency service, shall be on the streets, alley_ s or other public areas of the city or in any way in violation of the prohibition as set forth in the definition set forth in section 30-1 of this chapter. (2) To declare all or any business establishments to he closed and remain closed until ftirther orders. !2] 're Fe .,II business displaying o selling .,..... a fife, plasiyes C�7 affimuniiien to femeve .-..7 inn__» -ely leek a all Deb item a ...t:1 F..Fthe. a fde..s (4)(3) To issue other orders as are eminently necessary fortl;e protection of life and property. (b) After the proclamation of a civil emergence, and during the existence of same, the Chief of Police shall have the authority to temporarily close any and all streets, alleys and other public ways in the city to the public, whenever in the opinion of the Chief of Police it is necessary in order to maintain the peace and order. --See.-30-3w—Notif"ica-tion of public. When a civil emergency has been proclaimed and any orders or declarations have been issued as set forth in section 30-2 above, sufficient quantities of the proclamation and all declarations and orders shall be delivered to the Chief of Police, who shall distribute copies to all news media and affected businesses within the city-, and who shall also use public address systems throughout the city and immediately notify the public of the proclamation and any curfew or special declarations and orders, and warn the public that any violation of the curfew shall be deemed a misdemeanor and violators will be arrested. SECTION 2. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent ofsuch conflict, hereby repealed and the provisions of this Ordinance shall prevail and begiven effect. SECTION 5. EFFECTIVE DATE, This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, October 6, 2015 Adopted by the Board of Commissioners, October , 2015 —_-_-----R-ecordad-by Tarnmara S. Sanderson, City Clerk; October . 2015 Published by The Paducah Sun, , 2015 \ord\30-3-civil emergencies -weapons -firearms Agenda Action Form Paducah City Commission Meeting Date: October 6, 2015 Short Title: An Ordinance Amending Chapter 126-72 "Homeless Shelters" of the Code of Ordinances of the City of Paducah, Kentucky ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Lisa Emmons, Esq. Presentation By: .teff Pederson, City Manager Background Information: KRS 65.870 prohibits local governments from occupying any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories or combination thereof. Pursuant to this statute, it is necessary to amend Chapter 126-72 (1)(c)(5)(iii) of the Code of Ordinances of the City of Paducah, Kentucky. Said Ordinance shall be amended to require homeless shelters to adopt a Code of Conduct banning weapons from said homeless shelters. STAFF RECOMMENDATION: Amend Chapter 126-72 (1)(c)(5)(iii) of the Code of Ordinances to remove language that is in contradiction to Kentucky Revised Statute 65,870, namely that portion that states that homeless shelters are required to create and adopt a Code of Conduct to include the following language "Weapons are not permitted." Attachments: Ordinance Department Head City Clerk City Manager 191399 ORDINANCE NO. 201 -10 - AN ORDINANCE AMENDING CHAPTER 126- 72, "HOMELESS SHELTERS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 126, Sec. 72, "Homeless Shelters,' of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts that prohibit local governments from occupying any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Chapter 126-72, "Homeless Shelters," is hereby amended and restated to read as follows: CHAPTER 126 — ZONING "See. 126-72. Homeless Shelters. The purpose of this section is to establish regulations for the location of homeless shelters in the R-3, R-41 B-1, B-3, M-1, M-2 and M- 3 zones, Objectives include minimizing land use conflicts and ensuring that there are adequate services for homeless individuals within the vicinity of the shelter. (1) "Shelter.for the homeless" shall mean housing that is limited to occupancy of 365 days or less by a homeless person. (2) Conditiaurl use permit required Homeless shelters shall only be permitted in the zones listed herein upon receipt of a conditional use permit. The operation of all shelters for the homeless within the City of Paducah shall be contingent upon receiving a conditional use permit from the Board of Adjustment in accordance with section 126-68 of the Code of Ordinances of the City of Paducah. (3) Each shelter for the homeless shall comply with the following conditions: a. A shelter for the homeless shall provide a minimum of 200 square feet of heated building space per resident. b. Shelters for the homeless may not be located within 1,000 feet of any other shelter for the homeless, or from any use which could be classified as a Shelter for the homeless. c. Operation, I . Shelters for the homeless shall be fully contained within a building owned and/or operated by a government agency or nonprofit organization. 2. The operator of a shelter for the homeless shall provide continuous, on-site supervision by an employee and/or volunteer during all hours of operation. 3. No retail sales shall take place on the property of any shelter for the homeless. 4. Maximum occupancy. A shelter for the homeless may house no more than 50 residents. 5. All homeless shelters shall create and adopt a Code of Conduct that shall be enforced at all times. The Code of Conduct shall include at a minimum the following language: i. Possession or use of illegal drugs is not permitted on the premises. ii. Alcohol is not permitted on the premises. iii. Federal and State gun control laws shall be strictly enforced on the premises. on the premises. iv. Violence is not permitted on the premises. V. Fires are not permitted on the premises. vi. Loitering in the surrounding neighborhood is not permitted. vii. Littering on the premises or surrounding neighborhood is not permitted. b. A copy of this Code of Conduct shall be provided to the Zoning Administrator of the City of Paducah for review by the Board of Adjustment. 7. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood. 8. Laundry facilities. The development shall provide laundry facilities or laundry services adequate for the number of residents. 9. Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: i. Central cooking and dining room(s). ii. Recreation room. iii. Counseling center. iv. Child care facilities. V. Other support services. 10. Outdoor activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m. 1 l . Staff and services shal I be available to assist residents in obtaining permanent shelter and income. 12. The operator of a shelter for the homeless shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 13. Maximum unit density. Homeless shelters located :in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying zoning district's maximum unit density standard, but the number of beds shall be limited to six times the maximum number of dwelling units which would otherwise be permitted. 2 14. Shelters for homeless shall be located within 2,50C feet of a public transportation route,' SECTION 2. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that al.l deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, October 6, 2015 Adopted by the Board of Commissioners, October , 2015 Recorded by Tammara S. Sanderson, City Clerk; October , 2015 Published by The Paducah Sun, 2015 \ord\ 126 -72 -homeless shelters -weapons