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Home My WebLink AboutAgenda Packet 2-12-2019ROLL CALL INVOCATION - McElroy PLEDGE OF ALLEGIANCE - Harless ADDITIONS/DELETIONS PRESENTATION Recommendation of Stormwater Impact Fee -Strand Associates Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for January 22, 2019 B. Receive & File Documents C. Reappointment of Jeff Holland to the Paducah -McCracken County Riverport Authority. D. Reappointment of William Baxter to Board of Adjustment E. Personnel Actions MO # 2205 F. Transfer Funds from Commission Reserve to the Mayor & Commissioners Promotion Account - M SMOLEN MO # 2206 G. Homeland Security Grant Cooperative Purchasing Approval - B LAIRD II. MUNICIPAL ORDER(S) MO # 2207 A. City of Paducah Strategic Plan Action Steps Update - M SMOLEN CITY COMMISSION MEETING AGENDA FOR FEBRUARY 12, 2019 5:30 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION - McElroy PLEDGE OF ALLEGIANCE - Harless ADDITIONS/DELETIONS PRESENTATION Recommendation of Stormwater Impact Fee -Strand Associates Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for January 22, 2019 B. Receive & File Documents C. Reappointment of Jeff Holland to the Paducah -McCracken County Riverport Authority. D. Reappointment of William Baxter to Board of Adjustment E. Personnel Actions MO # 2205 F. Transfer Funds from Commission Reserve to the Mayor & Commissioners Promotion Account - M SMOLEN MO # 2206 G. Homeland Security Grant Cooperative Purchasing Approval - B LAIRD II. MUNICIPAL ORDER(S) MO # 2207 A. City of Paducah Strategic Plan Action Steps Update - M SMOLEN III. ORDINANCES) - ADOPTION ORD # 2019- A. Right -of -Way Closure between Buckner Lane and Exall Lane - R MURPHY 2-8559 ORD # 2019- B. Townhomes of LaBarri Farms: Final Plat Approval and Escrow Agreement 2-8560 Approval - R MURPHY IV. ORDINANCES) - INTRODUCTION A. Approve Contract with Innovations Branding House - M SMOLEN V. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VI. EXECUTIVE SESSION Comprehensive Stormwater Master Plan Phase I and II Address 4 Primary Objectives: • Flood Mitigation Projects • Stormwater Infrastructure Assets • Floodwall Protection • Phase II MS4 Permit Compliance 2/13/2019 1 Flood Mitigation Projects • 10 priority project areas • $43 million in capital improvements Stormwater Infrastructure Assets Public Infrastructure • 353,589 linear feet of pipes and culverts • 5,049 structures (manholes, inlets, etc.) $82,000,000 In Public Assets 2/13/2019 2 Floodwall Protection • 11,000 acres (5,090 acres within the City limits) • 20,000 people • $1.2 billion in assets • $750,000 in annual maintenance MS4 Phase II Permit Compliance Minimum Control Measures (MCM) • MCM #1 — Public Education and Outreach • MCM #2 — Public Involvement / Participation • MCM #3 — Illicit Discharge Detection / Elimination • MCM #4 — Construction Site Runoff Control • MCM #5 — Post -Construction Runoff Control • MCM #6 — Pollution Prevention and Good Housekeeping Other Requirements • Annual Reporting • Forms and Documentation • Regulation Development KPDE9 �p L-=1 2/13/2019 3 Establishing a Dedicated Stormwater Revenue Stream Stormwater Utility — A division of municipal service established for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management" WHERE? WHAT? HOW OFTEN? Area of ervice YI l�km $S asp '"�'�r 4r FOIA E4P�ony y r< 4,�a 3 e/ieps/YeSt�o�tm�K £C r �vY d.. � .'�Y :tv' iMa �•&�u�f� : �s,��?wr��.a. ic��.Tir�''`��d�,�3 ,. %,..4a^sa�'i� 5 Impervious Area Rate Methodology • Most commonly used • High degree of technical accuracy and legal defensibility • Easily understood by public and elected officials 2/13/2019 0 Two User Classifications • Residential — one single-family detached home or duplex occupying real estate on one parcel in which the inside and outside of the structure is owned by the same entity. • Non-residential — all other parcels such as condominiums, multi -family dwellings of three families or greater, commercial, industrial, and institutional facilities. • All developed properties will pay the Stormwater Impact Fee. Exempt properties include: • Roadway Right -of -Way • Undeveloped Parcels • Railroad Lines How is a Fee Calculated? • Calculate impervious area on a "typical" residential property • Establish the Equivalent Residential Unit (ERU) with Statistical Sample • Paducah Analysis • 50 parcels sampled • ERU = 3,500 SF Equals 1.0 ERU 2/13/2019 I✓ How is a Fee Calculated for Non -Residential Properties? = 1 ERU in Paducah (3,500 ft2) It 71,603 ft2 Impervious 3,500 ft2 /1 ERU = 20 ERUs Stormwater Program Elements • System Improvements • Flood Mitigation Projects • System Operation and Maintenance • Infrastructure Repair and Replacement • Floodwall Protection System • Regulatory Compliance (MS4) • Program Administration Extent of service Area of Level Service ' of Service Cost 2/13/2019 11-M Recommended Annual Stormwater Program Budget Program StormwaterSystem Improvements Floodwall Protection System $750,000 Regulatory Compliance (MS4) $20,000 Program Administration (Staffing and Billing) $298,208 Total Annual Program $2,715,490 Recommended Cost Per Residential Property (1 ERU) Total Annual Program Cost $2,715,490 Total Number of ERUs 36,919 Monthly Cost Per Residential ERU $6.13 A credit policy will be available for non-residential properties exceeding stormwater control requirements. 2/13/2019 FA 2/13/2019 Example Costs Per ERU in Kentucky $12.00 x$10.00 ..._ ..._..$9.90 ._._.. ..._ _..... _._. C4 W $8.00 a o $6.00 $5.00 ..._ _.... .._...$s.3a _ . V $4.90. _...... $4.87 $5.04..... T $4.00 ..- $3.00 .. ._._... -$3.43. --. ..__. $4 00 $3:36.--. __... $0.00 0 � $2.00 _..I $,o I ..�. I ...$0 .... gw4yo$o.�o. Q�g' vk vox vqr �q q ov o$ooq 4¢ v '$." ' P' �pi,� S,• �."� rl � t Y. �. qq� 1 't 5y� U Ym''�� `V ..�t0 y :�. s., ��.� find .._�Y � A ��:'f�:�t�r?' '.";;k`a. t?a'�i a�,.,�M1Ty �+,�`h�•. dY1J,.i"ji-car "�'"•W w,�<`.'�.,,e.„,,,��a€t,,. �<xf �a+N!Y,,C��J'u�. Adequacy of Utility Funding PLEASE INDICATE THE LEVEL OF ADEQUACY OF AVAILABLE STORMWATER FUNDING. (Select One) Adequate to Meet Alt Needs 12% 6% 18% 7% Adequate to Meet Most Needs 32% 32% 31% 36% Adequate to Meet Most Urgent Needs 48% 45% 40% 47% Not Adequate to Meet Urgent Needs - 8% 17% 11% 10% 2016 Slonnwater Utility Survey (Black and Veatch) Stormwater Utility Programs in Kentucky Louisville, KY • Stormwater Operating Budget— $26,181,000 • MS4 Budget — $1,500,000 • Stormwater Staff (FTE) — 153 • Limited funding for CIP projects (localized nuisance drainage issues) • Flood protection system needs investment • Currently proposing 6.9% annual rate increases • Need a Stormwater Master Plan to identify and rank flood mitigation projects • Overall budget includes staff and efforts from several departments including drainage, floodwall, engineering, maintenance, administrations, etc. Stormwater Utility Programs in Kentucky Sanitation District No. 1 of Northern Kentucky • Annual Stormwater Operating Budget — $13,500,000 • MS4 Associated Activities and Labor — $2,700,000 • Asset Management — $6,750,000 • Cost Share Program — $1,350,000 • Stormwater Planning and Evaluation — $2,700,000 • Does not include flood protection system [CATEGOR� NAME) [VALUE] [CATEGM' NAME] [VALUE] Budget (Millions) 2/13/2019 x Stormwater Utility Programs in Kentucky Warren County, KY • Stormwater Management Budget — $2,143,000 • Labor Costs — $403,000 • NPDES Phase II Compliance — $1,740,000 • Primary focus of post construction controls is extending sewers to septic areas GENERAL HEALTH AND SANITATION 8238 8o/land Water Con—tion 108 Salaries 201 Social S—N(y 202 Retirement 203 Health Insurance 208 Unemployment lneurance 209 Workers Compensa0on 548NPDEB Post Constuction SW Management 54801 NPOE9 Pollution Prownilm 54802 NPDEB Public ImoNement and Pamcipali. 579 NPOES Construction Site SW Runoff Contml 581 NPDEB Illicit Discharge Detection and Elimination 595 NPDEB Public Education and Outreach TOTAL STORM WATER MANAGEMENT Warren County Fiscal Court 2016 Budget Stormwater Utility Programs in Kentucky Lexington, KY Total Operations and CIP Annual Budget Approximately — $16,760,000 • Personnel — $6,400,000 • Operations— $5,210,000 • Capital Improvements—$5,150,000 2,143,2011 2/13/2019 10 Paducah's Annual Stormwater Program Budget $9.90 Paducah Annual Stormwater Program Cost of Service _....... _... System Improvements 1 $1,647,202 $8.00 FloodMitlge6orv91P Pm/acts 5600600 %�n: I System Operation a rdMeinfonance Infrastructure Repetrand Repfacement Floodxell Protection System 1 $750,000 1 RegulatoryCompliance (MS4) 1 $20,000 U $6.00$5.00 _.. Program AdMnlstration(Staffing and 81111ng) I- $290,208 I I ._... _. $4.87$5.04 __..._ Total Annual St -ter Program Cost $2,715,490 Monthly Cost per ResldenHat ERll T�aq $.00' enslveStd�txaC V ----' r $a.00 $3-3b ------ Example Costs Per ERU in Kentucky $12.00 _. __ _.... .._... . _.._.. _.. ] $10.00 _.. _...... x $9.90 _ _.._ _._.... _....... _... $8.00 a U $6.00$5.00 _.. $4.90 ._... _. $4.87$5.04 __..._ $5.34 $6.13 With T�aq $.00' --'- $3.00 ----' ------$3?13 $a.00 $3-3b ------ —' -4 Floodwall $2.00 $'0 $4.44 Without $10' I Floodwall $0.00 _ (5 JUv G v00 4P tiG�9GQ Arti 2/13/2019 11 Questions 2/13/2019 12 0 Commissioner's Roll Call Date 124,2019 a.m.p.m. 3 0-d Meeting Motion of: V J co-OaQ-n Seconded by: Minutes taken by P6-4 j z City Clerk COMMISSIONERS PRESENT WHEN MEETING CALLED TOORDER YEA NAY ABRAHAM �/ �) m McELROY WATKINS j v WILSON J MAYOR HARLESS Minutes taken by P6-4 j z City Clerk CONSENT AGENDA FOR FEBRUARY 12, 2019 I(A) Minutes for the January 22, 2019 City Commission Meeting I(B) Receive & File Documents Minute File: Certificate of Liability — Johnston Fire Services, LLC Deed File: 1. Commissioner's Deed — 1622 South Sixth Street, Paducah, KY 2. Commissioner's Deed — 720 North 24th Street, Paducah, KY Contract File: 1. Contract between City of Paducah and Galls, LLC — Paducah Police Department Uniforms — MO #2199 2. Kentucky Department For Libraries and Archives — Paducah Police Department — MO #2202 3. Change Order #5 — City Hall Restoration — MO #2204 Financials File: City of Paducah — Comprehensive Annual Financial Report (CAFR) Year ended 6/30/2018 Bids 1. Bids for Paducah Police Department Uniforms a. Summit Uniforms b. Galls (Winning bid) MO #2199 2. Bids for Felony Records Scanning/Digitizing Paper Records Project a. Global Scanning Agency b. Data Records Management Services (Winning Bid) MO #2201 c. Rise Business Services d. KOFILE Technologies e. InStream I(C) Reappointment of Jeff Holland to the Paducah -McCracken County Riverport Authority. This term shall expire September 26, 2022. I(D) Reappointment of William Baxter to the Paducah Board of Adjustment. This term that shall expire August 31, 2022. I(E) Personnel Actions I(F) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE COMMISSION RESERVE FUND TO THE MAYOR AND COMMISSIONERS PROMOTION ACCOUNT IN AN AMOUNT OF $20,000 FOR FUNDING FOR A CONTRACT WITH INNOVATIONS BRANDING HOUSE I(G) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF BOMB SUITS, HELMETS AND SUIT REPAIR KITS FOR THE PADUCAH POLICE DEPARTMENT IN AN AMOUNT OF $49,499 THROUGH THE U.S. GENERAL SERVICES ADMINISTRATION COOPERATIVE PURCHASING SCHEDULE 84 VENDOR MED-ENG AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME �`ad January 22, 2019,1t At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 22, 2019, at 5 3 , p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Pro Tem Vit' ,,;.11- F Abraham presided, and upon call of the roll by the City Clerk, the following answered to their names: F Commissioners McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). Mayor Harless was absent (1). INVOCATION Commissioner Watkins gave the invocation. PLEDGE OF ALLEGIANCE Mayor Pro Tem Abraham led the pledge. SWEARING IN OF POLICE OFFICERS New Police Officers Logan Barrow, Pedro Loredo and Jeremy Teague were sworn in by Judge Deanna Wise Henschel. PRESENTATION DUKE OF PADUCAH Mayor Pro Tem Abraham presented retired Police Chief Brandon Barnhill with a Duke of Paducah. PROCLAMATION Mayor Pro Tem Abraham presented a Catholic Schools Week Proclamation to Eleanor Spry, Director of Saint Mary School Systems. PRESENTATION FY2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT David Hampton with Kemper Group presented the Comprehensive Annual Financial Report for the City of Paducah for the year ended June 30, 2018. The following information is provided by Public Information Officer Pam Spencer: "Finance Director Jonathan Perkins and David Hampton of Kemper CPA Group, LLP provided an overview of the City's Comprehensive Annual Financial Report (CAFR) which includes the City audit. The audit is required by State law; however, the CAFR is a voluntary document that the City prepares to provide additional information and transparency to the public. The report is for the fiscal year that ended June 30, 2018. Paducah is one of the few cities in Kentucky that prepares a CAFR. For 27 consecutive years, Paducah has been awarded the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada (GFOA). The entire CAFR report and previous audits dating back to 2001 can be found on the City's website, www.paducahAy.gov " CONSENT AGENDA Mayor Pro Tem Abraham asked if the Board wanted any items on the Consent Agenda removed. No one asked for any items to be removed. Mayor Pro Tem Abraham asked the City Clerk to read the items on the Consent Agenda. I(A) Minutes for the January 5, 2019 and January 8, 2019 City Commission Meetings I(B) Receive & File Documents Minute File: January 22, 2019 1. Certificate of Liability Insurance — Asphalt Paving, Inc., dba Cornerstone Boring 2. Ivitts Plumbing Contractors, Inc. 3. Murtco Inc. Deed File: 1. Quitclaim Deed — City of Paducah —Paducah Independent School District Finance Corporation — Adams Street and South 24th Street — Tract A — ORD #2018-8-8544 I(C) Appointment of Allan Rhodes, Jr. to the,Code Enforcement Board to fill the unexpired term of Edwin Jones who has resigned. This term shall expire August 22, 2020. I(D) Reappointment of Hardy Roberts to the Electric Plant Board for a term that shall expire February 6, 2023. I(E) Appointments to the newly formed Building, Electrical and Fire Codes Appeals Board: Greg Croft, Rick Windhorst, Chad Beyer and Jason Hickey whose terms shall expire January 22, 2023 and David Ury, Paul King and Jimmy Evans whose terms shall expire January 22, 2022. I(F) Reappointment of Jonathan E. Perkins to the Paducah Riverfront Development Advisory Board. This term shall expire February 7, 2021. I(G) Appointment of Corbin Snardon to the Board of Ethics to replace Mark Whitlow whose term has expired. This term shall expire February 10, 2021. I(H) Reappointment of Deborah Edmonds to the Commissioners of Water Works for a term that shall expire January 6, 2023. I(I) Personnel Actions I(J) A MUNICIPAL ORDER ACCEPTING THE BID OF GALLS, LLC, FOR THE PURCHASE OF UNIFORMS FOR PADUCAH POLICE DEPARTMENT EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M. 0. # 2199; BK 10) I(K) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A FY2020 HIGHWAY SAFETY GRANT THROUGH THE KENTUCKY TRANSPORTATION CABINET FOR OVERTIME PAY FOR OFFICERS AND ASSOCIATED FUEL COSTS FOR THE POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (M.O. # 2200; BK 10) I(L) A MUNICIPAL ORDER ACCEPTING THE BID OF DATA RECORDS January 22, 2019 Mayor Pro Tem Abraham offered motion, seconded by Commissioner McElroy, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). SUSPEND THE RULES OF ORDER Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). PUBLIC COMMENTS Commissioner Abraham allowed attendees to make public comments regarding the Veterans Day Parade Resolution. The following attendees addressed the Board of Commissioners in support of keeping the resolution intact: • Tony Gerard • Brad Holland • Ronald Hughes • Sarah Holland • Jim Gearhart • Robert Worden • Octavia Lawrence • Corbin Snardon • Adam Horton • Nate Crawford • Mary Byrne MANAGEMENT SERVICES IN AN AMOUNT OF $23,974 FOR THE DIGITIZING OF FELONY INVESTIGATION RECORDS FOR THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O. # 2201; BK 10) I(M) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE KENTUCKY DEPARTMENT FOR LIBRARIES & ARCHIVES (KDLA) FOR A FY2019 LOCAL RECORDS PROGRAM GRANT IN THE AMOUNT OF $23,974 FOR THE PURCHASE OF SERVICES RELATED TO DIGITIZING RECORDS FOR THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO SAME (M.O. # 2202; BK 10) I(N) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE COMMISSION RESERVE FUND TO THE MAYOR AND COMMISSIONERS TRAINING AND TRAVEL ACCOUNT IN AN AMOUNT OF $10,000 AND TO THE CITY MANAGER'S OFFICE TRAINING AND TRAVEL ACCOUNT IN AN AMOUNT OF $5,000 FOR TRAINING AND TRAVEL EXPENSES FOR THE REMAINDER OF FISCAL YEAR 2019 (M.O. # 2203; BK 10) Mayor Pro Tem Abraham offered motion, seconded by Commissioner McElroy, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). SUSPEND THE RULES OF ORDER Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). PUBLIC COMMENTS Commissioner Abraham allowed attendees to make public comments regarding the Veterans Day Parade Resolution. The following attendees addressed the Board of Commissioners in support of keeping the resolution intact: • Tony Gerard • Brad Holland • Ronald Hughes • Sarah Holland • Jim Gearhart • Robert Worden • Octavia Lawrence • Corbin Snardon • Adam Horton • Nate Crawford • Mary Byrne January 22, 2019 • J.T. Jagoe • Iftakhar Choudury RESOLUTION REPEAL VETERANS FAY PARADE RESOLUTION — FAILED Mayor Pro Tem Abraham offered motion, seconded by Commissioner McElroy, that a resolution entitled, "A RESOLUTION REPEALING IN ITS ENTIRETY A RESOLUTION ADOPTED MAY 16, 2017, ENTITLED, `A RESOLUTION AFFIRMING AND ACCEPTING THE POSITION OF THE PADUCAH VETERANS DAY COMMITTEE THAT PARTICIPANTS IN THE VETERANS DAY PARADE BE LIMITED TO THOSE THAT REPRESENT THE FLAG OF THE UNITED STATES AND THE VETERANS OF THE UNITED STATES ARMED FORCES'," be adopted. Failed on call of the roll, nays, McElroy, Watkins, Wilson (3). Yeas, Mayor Pro Tem Abraham (1). MUNICIPAL ORDER CITY HALL IMPROVEMENT PROJECT: A & K CONTRUCTION CHANGE ORDER #5 Commissioner McElroy offered motion, seconded by Commissioner Wilson, that "A MUNICIPAL ORDER APPROVING CHANGE ORDER NO. 5 WITH A&K CONSTRUCTION, FOR A CONTRACT REDUCTION IN THE AMOUNT OF $156,998 FOR THE CITY HALL PHASE I PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER," be adopted. Adopted on call of the roll, yeas, McElroy, Watkins, Wilson and Mayor Pro Tem Abraham (4). (M.O. # 2204; BK 10) ORDINANCE(S) — INTRODUCTION RIGHT-OF-WAY CLOSURE BETWEEN BUCKNER LANE AND EXALL LANE Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUCKNER LANE AND EXALL LANE, OPPOSITE PINES ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of an unnamed right-of-way between Buckner Lane and Exall Lane, opposite Pines Road, empowers and directs the Mayor to execute quitclaim deeds from the City to the property owners in or abutting the public ways to be closed. APPROVE FINAL PLAT AND ESCROW AGREEMENT FOR TOWNHOMES OF LABARRI FARMS Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED FINAL SUBDIVISION OF LABARRI FARMS LOCATED AT 1720 AND 1740 NEW HOLT ROAD AND ACCEPTING THE DEDICATION OF RIGHT OF WAY AND EASEMENTS." This ordinance is summarized as follows: That the City of Paducah does hereby approve the final report of the Paducah Planning Commission respecting the proposed subdivision of property of LaBarri Farms for property located at 1720 and 1740 New Holt Road, and accepting the dedication of right of way and easements. In addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat and to execute an escrow agreement in the amount of $250,000.00. COMMENTS CITY MANAGER COMMENTS City Manager Arndt invited Commission members to attend the Mission Statement and Organizational January 22, 2019 Values Rollout which will take place January 28' at 9:00 a.m. and 10:30 a.m. at the Robert Cherry Civic Center. City Manager Arndt also informed the Commission that a customer service survey will be rolled out on January 28th BOARD OF COMMISSIONERS COMMENTS Commissioner McElroy commented that she is grateful that she was able to attend the National League of Cities training along with other members of the Commission. Commissioner Wilson commented that the IAFF Local 168 is turning 100 years old on Thursday, January 24th and encouraged Commissioners to celebrate with the Local 168 on Thursday at Paducah Beer Works. Proceeds from the event will go to charities. ADJOURN Mayor Pro Tem Abraham adjourned the meeting. Meeting ended at approximately 7:00 p.m. ADOPTED: February 12, 2019 Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk MIYI9/fo Pilo - Certificate of Liability — Johnston Fire Services, LLC Deed File: 1. Commissioner's Deed — 1622 South Sixth Street, Paducah, KY 2. Commissioner's Deed — 720 North 24th Street, Paducah, KY Contract File: February 12, 2019 1. Contract between City of Paducah and Galls, LLC — Paducah Police Department Uniforms — MO #2199 2. Kentucky Department For Libraries and Archives — Paducah Police Department — MO #2202 3. Change Order #5 — City Hall Restoration — MO #2204 Financials File: City of Paducah — Comprehensive Annual Financial Report (CAFR) Year ended 6/30/2018 sr, 1. Bids for Paducah Police Department Uniforms a. Summit Uniforms b. Galls (Winning bid) MO #2199 2. Bids for Felony Records Scanning/Digitizing Paper Records Project a. Global Scanning Agency b. Data Records Management Services (Winning Bid) MO #2201 c. Rise Business Services d. KOFILE Technologies e. InStream A � f BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS ; FOR CITY COMMISSION CONFIRMATION' Appointment NAME: Reappointment Jeff L. Holland Joint Appointment Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah McCracken County Riverport Authority DATE TO BE PLACED ON AGENDA: February 12, 2019 EXPIRATION OF TERM DATE: September 26, 2022 APPOINTEE'S HOME ADDRESS: Street: 200 Matthew Drive City/Zip: Paducah, KY 42001 Phone: 270-554-2452 Email Address: Jeff@hollandstivers.com Appointee's Business Name: Holland Stivers & Associates, LLC Address: 2660 Olivet Church Road City/Zip: Paducah, KY 42001 Phone: 270-554-5535 hank you Resigned erm Expired Other (explain) TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: 1/28/2019 Board of Commission Approval: Original to: City Clerk CC: amay@paducahriverport.org By: Mayor Harless BOARD CHAIRMAN: Chris Farmer cfarmer@bfwengineers.com BOARDS and COMMISSIONS y` APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION .r . Appointment NAME: Reappointment William Baxter —Joint Appointment Joint Reappointment NAME OF BOARD OR COMMISSION: Board of Adjustment DATE TO BE PLACED ON AGENDA: February 12, 2019 EXPIRATION OF TERM DATE: August 31, 2022 APPOINTEE'S HOME ADDRESS: Street: 1643 Jefferson Street City/zip. Paducah, KY 42001 Phone: 270-415-9959 Email Address: bpcbaxer@comcast.net Appointee's Business Name: Address: City/Zip: Phone: TO REPLACE ON BOARD: hank you Resigned ADDRESS: erm Expired Other (explain) City/Zip: _ Appointee Confirmation: Date: 2/6/2019 Board of Commission Approval: Original to: City Clerk CC: Josh Sommer By: Josh Sommer/Mayor Harless BOARD CHAIRMAN: Carol Young ctyoung2505@yahoo.com CITY OF PADUCAH February 12, 2019 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Man er's Signature Date W CITY OF PADUCAH PERSONNEL ACTIONS February 12, 2019 ;'i"Ye�a 01ry PARKS SERVICES POSITION RATE NCS/CS FLSA EFFECTIVE DATE Boyarski, Zachary P. Recreation Leader $9.00/Hr. NCS Non -Ex February 7, 2019 11 AYJZO A :Ti. E S„RA . FUER PROM , ryL .N. .EMP .RAR ASSLG : ENT,S i. PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Resignation February 1, 2019 FIRE - PREVENTION Cherry, Joseph G. Deputy Chief - Prevention Deputy Chief - Prevention NCS Exempt January 17, 2019 $38.47/Hr. $39.62/Hr. PARKS SERVICES Evans, Leslie E. Parks Maintenance Supt. Parks Maintenance Supt. NCS Exempt January 24, 2019 $28.95/Hr. $29.82/Hr. Wilson, Lessa A. Executive Assistant I Executive Assistant I NCS Non -Ex January 24, 2019 $19.76/Hr. $20.35/Hr. i. EPW - SOLID WASTE POSITION REASON EFFECTIVE DATE Woodfork, Forrest J Laborer Resignation February 1, 2019 EPW - ADMINISTRATION Hickman Jr., Eric J. Storm Water & Drain. Engineer Resignation March 1, 2019 Agenda Action Form Paducah City Commission Meeting Date: February 12, 2019 Short Title: Transfer Funds from Commission Reserve to the Mayor & Commissioners Promotion Account - M SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: This request is to transfer $20,000 from the Commission Reserve to the Mayor & Commissioners' Promotions Account for the Innovation Branding House contract. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): All items on the Strategic Plan. Funds Available: Account Name: Account Number: Staff Recommendation: Approve the transfer funds request. Attachments: 1. Municipal Order s -m MUNICIPAL ORDER NO. a i7 4 e'4 r5 � r)� k A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE COMMISSION RESERVE FUND TO THE MAYOR AND COMMISSIONERS PROMOTION ACCOUNT IN AN AMOUNT OF $20,000 FOR FUNDING FOR A CONTRACT WITH INNOVATIONS BRANDING HOUSE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Finance Director is hereby authorized and directed to transfer $20,000, from the Commission Reserve fund to the Mayor and Commissioners Promotions Account for a contract with Innovations Branding House for community engagement initiatives related to the City's Strategic Plan. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 \rno\budget transfer Mayor Commission Promotions — Innovations Branding House Agenda Action Form Paducah City Commission Meeting Date: February 12, 2019 Short Title: Homeland Security Grant Cooperative Purchasing Approval - B LAIRD Category: Municipal Order Staff Work By: Joseph Hayes, Matthew Hopp, Melanie Townsend Presentation By: Brian Laird Background Information: The Paducah Police Department applied for and received a Kentucky Office of Homeland Security (KOHS) FFY18 State Homeland Security Grant award as approved by MO#2094 and MO# 2185 for the purchase of IED/EOD bomb suits and other equipment for the Paducah Police Department Bomb Squad. The U.S. General Services Administration (GSA) serves as the acquisition arm of the federal government. Local governments are authorized to purchase through the GSA Cooperative Purchasing Program. Through the use of cooperative purchasing, local governments can access bulk buying savings thus maximizing the use of tax payers funds. The Paducah Police Department proposes to purchase two (2) bomb suits, two (2) helmets, and two (2) bomb suit repair kits from GSA Schedule 84 vendor ENG -MED (GSA Contract#GS-07F-0207M) for a total purchase cost of $49,499 through the GSA Cooperative Purchasing Program. Funds will be provided by the KOHS FFY18 State Homeland Security Grant award. No local match is required. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available: Account Name: Account Number: Staff Recommendation: Authorize and approval the purchase of 2 bomb suits, 2 helmets and 2 suit repair kits from GSA Schedule 84 vendor MED -ENG (GSA Contract# GS -07F -0207M) in the amount of $49,499. Attachments: Municipal Order MUNICIPAL ORDER NO. ODO L9 4 A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF BOMB SUITS, HELMETS AND SUIT REPAIR KITS FOR THE PADUCAH POLICE DEPARTMENT IN AN AMOUNT OF $49,499 THROUGH THE U.S. GENERAL SERVICES ADMINISTRATION COOPERATIVE PURCHASING SCHEDULE 84 VENDOR MED -ENG AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah applied for and received a Kentucky Homeland Security (KOHS) FY2018 State Homeland Security Grant through Municipal Order No. 2094 & No. 2185 for the purchase of equipment for the Paducah Police Department; and WHEREAS, the City of Paducah is now ready to purchase the equipment for the Paducah Police Department; and WHEREAS, said equipment is available through the U.S. General Services Administration Cooperative Purchasing Schedule 84 Vendor MED -ENG, Contract No. GS -0717- 0207M, and, therefore, competitive bidding is not required. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Finance Director is hereby authorized to make payment to MED -ENG in the amount of $49,499 for the purchase of bomb suits, helmets and bomb suit repair kits, in compliance with the U.S. General Services Administration Cooperative Purchasing Contract No. GS -0717-0207M. SECTION 2. That the Mayor is hereby authorized to execute all documents related to the purchase authorized in Section 1, above. SECTION 3. This expenditure shall be covered by Kentucky Homeland Security (KOHS) FY2018 State Homeland Security Grant monies. SECTION 4. This Municipal Order shall be effective from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 \mo\Purchase Bomb Suits — GSA Cooperative ENG -MED Commissioner's B®11 Call PC), g® a 1 a.m. p.m. 5' 30 e"PO n i k1A Meeting Motion of: dry.-� Seconded by: aRfv� Minutes taken by b City Clerk COMMISSIONERSPRESENTWHEN MEETING CALLED YEA �T ATAH NAY TO ORDER J ABRAHAM McELROY WATKINS WILSON MAYOR HARLESS Minutes taken by b City Clerk j ; 1 n �e � k-siJ Bizi', February 12, 2019 I move that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE VISION AND KEY PERFORMANCE AREAS OF THE CITY'S STRATEGIC PLAN AND ADOPTING THE STRATEGIC PLAN ACTION STEPS FOR THE CITY OF PADUCAH," be adopted. Motions\ Strategic Plan 2019 Amendment Agenda Action Form Paducah City Commission Meeting Date: February 12, 2019 Short Title: City of Paducah Strategic Plan Action Steps Update - M SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: The Board of Commissioners and City Manager's Office participated in a retreat on January 5, 2019. During the retreat, the Commission reviewed all elements of the Strategic Plan. The Commission revised the City's Vision Statement, as well as the Key Performance Indicators, Action Items and Priority Levels. Additionally, the Commissioners identified the highest priorities in each Key Performance Indicator, which are known as WIN (What's Important Now) initiatives. The attached documents highlight the changes made during the retreat. The City Manager's Office is also proposing to change the reporting requirements. The Key Team Member/Driver will provide monthly updates on the WIN initiatives. Progress to high, medium and low action items will be reported twice a year. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): All Funds Available: Account Name: Account Number: Staff Recommendation: Adopt the revisions to the Vision Statement, as well as the Key Performance Indicators, Action Items and Priority Level of the Strategic Plan. Attachments: 1. Municipal Order 2. Our Paducah Action Items Jan 2019 r MUNICIPAL ORDER NO. a`U SYy�, y. f A MUNICIPAL ORDER AMENDING THE VISION AND KEY PERFORMANCE AREAS OF THE CITY'S STRATEGIC PLAN AND ADOPTING THE STRATEGIC PLAN ACTION STEPS FOR THE CITY OF PADUCAH WHEREAS, the Board of Commissioners of the City of Paducah adopted Municipal Order No. 2098 on May 8, 2018, entitled, "An Municipal Order Of The City Of Paducah, Kentucky, Approving Two Core Elements Of The City's Strategic Plan (Vision And Key Performance Areas & Objectives); And Directing The City Manager And His Staff To Establish The Mission And Organizational Values For The Strategic Plan And Prepare An Implementation Action Plan For The Final Core Element Of The Strategic Plan";,and WHEREAS, the Board of Commissioners of the City of Paducah adopted Municipal Order No. 2193 on December 17, 2018, entitled, "A Municipal Order Adopting The Mission Statement And Organizational Values For The City Of Paducah, Kentucky"; and WHEREAS, the Board of Commissioners met on January 5, 2019, for a Commission retreat to review the elements of the Strategic Plan; and WHEREAS, the Board of Commissioners now wish to revise the Vision and Key Performance Areas of the Strategic Plan and adopt Strategic Plan Action Steps. NOW, THEREFORE, by the adoption of this Municipal Order, the Board of Commissioners HEREBY ORDERED THAT: SECTION 1. That the Vision of the City of Paducah is hereby amended as follows: Paducah is a city where people strive to reach their full potential through lifelong learning, healthy lifestyle, creativity, culture and compassion for one another. SECTION 2. That the Key Performance Areas of the City of Paducah are hereby amended as follows: • Maintain a High Level of Safety for All • Develop Healthy and Sustainable Neighborhoods • Maintain Thoughtful and Modern Infrastructure • Provide Open, Smart, and Engaged Government • F-Nhnnp- ^,mss and r„'Creative Industries • Empower Upward Economic Mobility for All • Provide Excellent Recreation Experiences for All Ages and Abilities • Celebrate a Diverse Community SECTION 3. That the Board of Commissioners hereby adopts the Strategic Plan Action Steps that are attached hereto as Exhibit A and incorporated herein by reference. SECTION 4. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Municipal Order are, to the extent of such conflict, hereby repealed and the provisions of this Municipal Order shall prevail and be given effect. SECTION 5. This Municipal Order shall become effective on the date of its adoption and shall remain in effect until amended or repealed by action of the Board of Commissioners of the City of Paducah, Kentucky. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 Amo\Strategic Plan 2019 Amendment Exhibit A Strategic Plan Action Steps Strategic Pian Action Steps A-2 Recognize, promote and encourage creative industry growth Nelvin Howell High A-3 Encourage and track participation in creative and cultural 'Nelvin Howell High destinations, events, and programs in the City A-4 Assist local arts and culture organizations with grant funding Melanle Townsend High A -S Create and begin a Local Creative Mornings Chapter Nelvin Howell Medium " A•6 Installation of public art in community gateways Tammara Tracy Low A-7 We will promote and encourage Creative Exchanges with Mayor Harless Low bother Creative Cities A-8 Solicit, promote, and encourage film productions and/or live Nelvin Howell Low theater in the City A-9 Implement an annual assessment on arts and culture Creative and Cultural Council Low Paj.3 Strategic Plan Action Steps 0-3 Implement a city-wide branding campaign Jim Arndt Medium 0-4 Create a community awards program to celebrate the Pam Spencer Medium fulfillment of the city's vision 0.5 Host high school and college interns on a regular basis Martin Russell Low LIM Strategic Plan Action Steps Strategic Plan Action Steps ennancement projects tnrougnout the community N-4 Assist with the creation and development of a neighborhood Tammara Tracy High boundary, asset map, vision map, and a plan for redeveloping vacant property N-5 Evaluate, plan, partner, and create pedestrian access to parks Arnie Clark Medium from residential areas N-6 Provide and/or incentivize education and training for Tammara Tracy Medium neighborhood organizations N-7 Encourage and support the planting of diverse tree species Tammara Tracy Low within the neighborhood N-8 Promote and encourage the availability of healthy foods Tammara Tracy Low within walking distance of local neighborhoods (community gardens, spark plug programs) IBJ the Convention Center E-5 Maintain all of our commercial corridors Rick Murphy High E-6 Identify population loss trend factors, develop and distribute a Undsay Parish High policy brief on population loss factors, and implement mitigation strategies E-7 Recruit and incentivize the creation of new targeted industries Jim Arndt High (Advanced Manufacturing;.Creative Industries, Health/Healthcare, High -Tech, Construction Trades, River Industry) E-8 Cultivate local entrepreneurship and Innovation Michelle Smolen Medium E-9 Continually add all available sites and buildings to the Select Josh Sommer Medium Kentucky Database E-10 Partner with local nonprofit agencies in the development and Michelle Smolen Low implementation of a local lob coaching program Strategic Plan Action Steps ennancement projects tnrougnout the community N-4 Assist with the creation and development of a neighborhood Tammara Tracy High boundary, asset map, vision map, and a plan for redeveloping vacant property N-5 Evaluate, plan, partner, and create pedestrian access to parks Arnie Clark Medium from residential areas N-6 Provide and/or incentivize education and training for Tammara Tracy Medium neighborhood organizations N-7 Encourage and support the planting of diverse tree species Tammara Tracy Low within the neighborhood N-8 Promote and encourage the availability of healthy foods Tammara Tracy Low within walking distance of local neighborhoods (community gardens, spark plug programs) IBJ Strategic Plan Action Steps D-2 Establish and empower a Diversity Council Mayor Harless High D-3 Research and identify participation gaps in local area Lindsay Parish High programs and projects D-4 Assist with the coordination of events promoting diversity and Molly Tomasailo Johnson High inclusion D -S Evaluate diversity at community events, programs, and Lindsay Parish low organizations im Strategic Plan Action Steps 1.2 Create a 5 year facility asset improvement plan Rick Murphy High 1-3 Develop and Implement a self sustaining storm water Rick Murphy High management and infrastructure operation 1-4 Continue the exploration and delivery of municipal broadband Stephen Chino High throughout the City 1-5 Increase energy efficiency within City -owned and operated Tammara Tracy High facilities and streetlights 1.6 Improve street conditions within the City Maegan Mansfield Med 1-7 Construct and/or rehab all sidewalks to ADA standards Rick. Murphy Med 1-8 Improve and construct Internet Wi-Fi at public places Stephen Chino Med 1.9 Downsize the City's ownership in real estate Jim Arndt Low 1-10 Explore methods to improve and maintain cyber security, Stephen Chino Low community cameras, and City Hall security Page 6 Strategic Plan Action Steps RM Strategic Plan Action Steps P-3 activities/competitions Chief Laird High R-5 Continue to Increase farmers market participation levels Molly Tomasallo Johnson Medium R-6 Continue to support and encourage community festivals, Molly Tomasallo Johnson Medium parades and events R-7 Encourage citizen engagement in park cleanliness and Mark Thompson Medium P-6 maintenance activities Jim Arndt Medium R-8 Host city sponsored special events partnering with Molly?omasallo Johnson Medium P-7 community/business partners Chief Copeland Medium R-9 Pursue national recreation and parks association Mark Thompson Low P-8 departmental accreditation Chief Kyle Medium R-10 Plan, design and construct recreational trails near residential Tammara Tracy Low P-9 neighborhoods ChiefTinsiey Low R-11 Continue enhancement of neighborhood engagement Amie Clark Low strategies, parks equipment, and signage RM Strategic Plan Action Steps P-3 Expand prescription drug abuse community education, Chief Laird High awareness and enforcement efforts P-4 Improve diversity and frequency of public safety community Chief Laird Medium engagement initiatives P-5 improve multi -agency critical incident response strategy Chief Tinsley Medium P-6 Increase collaboration of public safety agencies to support Jim Arndt Medium economic development P-7 Implement new youth oriented community policing programs Chief Copeland Medium and projects P-8 Research and pian for a cooperative public safety training Chief Kyle Medium facility and grounds P-9 Pursue National Fire Accreditation ChiefTinsiey Low P-10 Develop and implement a fire community risk reduction April Tinsman Low program P-11 Develop and employ tactical 911 operations Brent Stringer Low 4a m L N N Q UO i 4-J L bn v 4- s � U j'2 ++ QJ, N L 4-J a O U a -J O � 1 }, aA aA L Q O O U Q N 4-j ca +� Qse U U 4-J > � N a1 N � to U O O 4 -JN U N N LU Q m �t a a 0 z a T., IM 6 7 CL CL � N U to 4-+ i � N L1C L Q N � i m a ruE > 6 7 CL CL - a.j N m cu -0 m m to c L bD .Q o m o E C N V m L W O CL .4+ 0 W L m N .Q M > o v N 4-1 U S U E O. m v0 O V) Em a) M Q) 4w E a � 4 ) U 4- Z 6 7 CL CL 0 00 Dl c.r . - i W W W W W W W W W O U U W U F- N p O co fl. 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O 'a CL U N C:N f0 •- +-i 4-+ fli > a N C:N Z% tZ. m N L cn v E 0 U c (U O bD O O N Q 4- :3 Q 0 L Q Cx 0 Q N '- 0 Q -O cn i > 40 0> a 'w a w � m � m oma. 0 0- 0 i Ln (10 00 0) 0 ' r -I co Commissioner's Roll Call Dated Ll CIA 1 _ i ?.f] - a.m. p.m. I CA.f Meeting Motion of: V3 S n Seconded by: I J . C rr- v--\ Minutes taken by CC City Clerk 4 COMMISSIONERSPRESENT WHEN YEA NAY METING CALLED TO ORDER 1 ABRAHAM V J McELROY J WATKINS WILSON J HARLESS J MAYOR Minutes taken by CC City Clerk 4 February 12, 2019 I move that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUCKNER LANE AND EXALL LANE, OPPOSITE PINES ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of an unnamed right-of-way between Buckner Lane and Exall Lane, opposite Pines Road, empowers and directs the Mayor to execute quitclaim deeds from the City to the property owners in or abutting the public ways to be closed. \motions\ROW Closure — Buckner & Exall Commissioner's Roll Call DateeQ0 G Meeting Motion of: ®Pw Seconded by: w t LSO (\ Minutes taken by 0 City Clerk 4 COMMISSIONERSPRESENT WHEN YEA NAY MEETING CALLED TO ORDER A"at PC1 ABRAHAM McELROY WATKINS WILSON MAYOR HARLESS Minutes taken by 0 City Clerk 4 JANUARY 22, 2019 I move that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUCKNER LANE AND EXALL LANE, OPPOSITE PINES ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of an unnamed right-of-way between Buckner Lane and Exall Lane, opposite Pines Road, empowers and directs the Mayor to execute quitclaim deeds from the City to the property owners in or abutting the public ways to be closed. \motions\ROW Closure — Buckner & Exall Agenda Action Form Paducah City Commission Meeting Date: January 22, 2019. Short Title: Right -of -Way Closure between Buckner Lane and Exall Lane - R MURPHY Category: Ordinance Staff Work By: Maegan Mansfield Presentation By: Rick Murphy Background Information: Adjacent property owners James and Melissa Bowens (4781 Exall Lane), Jessica and Mark Toren (4800 Buckner Lane), and Renee and Shawn McDermott (4766 Buckner Lane) request to close the unnamed Right -of -Way running along their property boundaries between Buckner Lane and Exall Lane. The unnamed Right of Way will not be developed in the future by the City due to residential development impeding the Right of Way. All adjacent property owners agree to the closure. On November 5th, 2018 the Paducah Planning Commission held a public hearing and made a positive recommendation to the City Commission for the closure. All of the utility companies have agreed to this closure. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available: Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closure of the unnamed Right -of -Way between Buckner Lane and Exall Lane. Also, authorize the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. Attachments: 1. Ordinance 2. Unnamed Street Closing 3. Application 4. Planning Commission Resolution UIR ORDINANCE NO. 2019- AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUCKNER LANE AND EXALL LANE, OPPOSITE PINES ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of an unnamed right-of-way between Buckner Lane and Exall Lane, opposite Pines Road, and being more particularly described as follows: LEGAL DESCRIPTION OF TRACT 1-2 10,481 SQUARE FEET Lying between Buckner Lane and Exall Road and being part of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G". page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 4" x 4" concrete monument in the Northerly right-of-way line of Exall Road at its intersection with the Westerly right-of-way line of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40; said point also being at the Southeasterly corner of Lot 2 in Block `B" of said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING Northeastwardly with the Westerly right-of-way line of said Unnamed City Street for the following 3 calls: N 17°03'21" E 140.10 feet to an existing 4" x 4" concrete monument (broken) at the beginning of a curve to the right having a radius of 267.72 feet; thence Northeastwardly with said curve to the right (a chord being N 38°03'21" E 191.88 feet) a distance of 196.25 feet to a point at the end of said curve and beginning of a curve to the left having a radius of 113.07 feet; and Northeastwardly with said curve to the left (a chord being N 38002'54" E 81.07 feet) a distance of 82.91 feet to a mag nail set in asphalt drive in the Southerly right-of-way line of Buckner Lane and at the Northeasterly corner of Lot 1 in Block `B" to aforesaid J.E. Gray Subdivision; thence S 72°52'29" E with the Southerly right-of-way line of said Buckner Lane 25.00 feet to a ''/2" rebar with cap no. 2105 set in the centerline of aforesaid Unnamed City Street; thence Southwestwardly with the centerline of said Unnamed City Street for the following 3 calls: Southwestwardly with a curve to the right having a radius of 138.07 feet (a chord being S 38003'21" W 98.96 feet) a distance of 101.21 feet to a11/2" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 242.72 feet; thence Southwestwardly with said curve to the left (a chord being, S 38°03'21" W 173.96 feet) a distance of 177.92 feet to a''/2" rebar with cap no. 2105 set at the end of said curve; and S 17°03'21" W 140.10 feet to a point in the Northerly right-of-way line of aforesaid Exall Road; thence N 72°56'39" W with the Northerly right-of-way line of said Exall Road 25.00 feet to the Point of Beginning and containing 10,481 Square Feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 3 5,709 SQUARE FEET Lying on the Southerly side of Buckner Lane and being part of an Unnamed and unimproved City Street dedicated per J.E.Gray Subdivision recorded in Plat Section "G", page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %2" rebar with cap no. 2105 set in the Southerly right-of-way line of Buckner Lane at its intersection with the Easterly right-of-way line of an Unnamed and unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40, said point also being at the Northwesterly corner of lot 3 in block "A" to said J.E. Gray Subdivision recorded in Plat Section "G', page 40, THENCE FROM SAID POINT OF BEGINNING Southwestwardly with the Easterly right-of-way line of said Unnamed Street for the following 3 calls: S 63°28'55" W 21.66 feet to a''/2" rebar with cap no. 2105 set at the beginning of a curve to the right having a radius of 163.07 feet: Southwestwardly with said curve to the right ( a chord being S 40°41'26"W 102.76 feet) a distance of 104.54 feet to a %2" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 217.72 feet; and Southwestwardly with said curve to the left (a chord being S 45°19'57" W 103.31 feet to an existing 2 'h" iron pipe (bent) at the Southwesterly corner of aforesaid Lot 3 in Block "A to J.E. Gray Subdivision; thence N 72°57'25" W 25.74 feet to a '/2" rebar with cap no.2105 set in the centerline of aforesaid Unnamed City Street and a curve to the right having a radius of 242.72 feet; thence Northeastwardly with the centerline of said Unnamed City Street and said curve to the right (a chord being N 44°34'06" E 121.46 feet) a distance of 122.76 feet to a'h" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 138.07 feet; thence Northeastwardly continuing with the centerline of said Unnamed City Street and said curve to the left (a chord being N 38003' 21" E 98.96 feet) a distance of 101.21 feet to a11/2" rebar with cap no. 2105 set at the end of said curve and in the Southerly right-of-way line of aforesaid Buckner Lane; thence S 72°52'29" E with the Southerly right-of-way line of said Buckner Lane 40.00 feet to the Point of beginning and containing 5,709 square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 4 4,883 SQUARE FEET Lying on the Northerly side of Exall Road and being part of an Unnamed City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G'. page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing %2" rebar with cap no. 3772 in the Northerly right-of-way line of Exall Road at its intersection with the Easterly right-of-way line of an Unnamed City Street dedicated per J.E. Gray Subdivision recorded iin Plat Section "G", page 40, said point being at the Southwesterly corner of Lot 4 in Block "A" to said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING N 72°56'39" W with the Northerly right-of-way line of Exall Road 25.00 feet to a %2" rebar with cap no. 2105 set in the centerline of said Unnamed City Street per J.E. Gray Subdivision recorded in Plat Section "G", page 40; thence Northeastwardly with the centerline of said Unnamed City Street for the following 2 calls: N 17°03'21" E 140.10 feet to a''/2" rebar with cap no. 2105 set at the beginning of a curve of the right having a radius of 242.72 feet; and Northeastwardly with said curve to the right (a chord being N 23033'45" E 55.04 feet) a distance of 55.16 feet to '/2" rebar with cap no. 2105 set; thence S 72°57'25" E 25.74 feet to an existing 2 %2" iron pipe (bent) in the Easterly right-of-way line of aforesaid Unnamed Road and at the Northwesterly corner of Lot 4 in Block "A" to aforesaid J.E. Gray Subdivision; thence Southwestwardly with the Easterly right-of-way line of said Unnamed City Street for the following 2 calls: Southwestwardly with a curve to the left having a radius of 217.72 feet (a chord being S 24°19'36" W 55.14 feet) a distance of 55.29 feet to an existing 4" x 4" concrete monument at the end of said curve; and S 17°03'21" W 140.10 feet to the Point of Beginning and containing 4,883 Square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. James and Melissa Bowens (4781 Exall Lane), Jessica and Mark Toren (4800 Buckner Lane), and Renee and Shawn McDermott (4766 Buckner Lane) are the owners of property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof (Exhibit A). b. On the 5th day of November, 2018, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof (Exhibit A). d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof (Exhibit A). SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 22, 2019 Adopted by the Board of Commissioners, February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 Published by The Paducah Sun, \ord\eng\stclosing\ROW- between Buckner & Exall CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. 2019-j--5�jadopted by the Board of Commissioners of the City of Paducah at a meeting held on City Clerk Exhibit A DOCKET 0: VAC2018.090 CITY OF PADUCAH,, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Date: Application Whereby made to the Mayor and Board of Commissioners for the closing. of: Public Right -of -Way: L%.c�/l/.ni+.�� S7Ptrc�7 �YYictY, ,� T/�r.��ief �e:cr�>v�,? �i�e�✓.�y .�tivO d jr>ae:L. �eLnl� .Sb�T��+.cfcs/' p.K�fo- /ivrs',c�.5'�'cT'�aN Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat •showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners: va-tuurre of Property jOOwner Property Owner's Name Printed /-11 * 1 Ex,a I I La, tiC, Address gignature of Property Owner Property Owner's Name Printed L(�Z30 Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this idtOd;ay of .6c&U s= 20_,, by _J r�0AL6 ! JO\VfiNS My Commission' xplres _4!Zl 7 zo,1ak_. 01 j3 Notary Public, State at Larbe SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN } The foregoing instrument was sworn to and acknowledged before me this 1 day of�rt 20, by My CommissionApires. t1A dh2ov9 Notary Public, Staid at Large RECEIVED SEAL JAN(l°'R 2019 ENGINEERING DEPARTMENT SFP i) ;' ; !l f 1 ��UEv�h.l1Q_ 1%J1 Signature of Property OWfier Md(0. . &ce bi-5 Property Owner's NarrIe Printed L4 g{ tklf G -h iPa"ua . t Address Signature of Property Owner Property Owner's Name Printed Address . 'Signature of Property- Owner} Property /Owners Name Printed T Address .Cif:.PJ jJi DOCKET 9: VAC901 &090 STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was swom to and acknowledged. before me this'. l 5 day of Au ryt)c�_. 20j%, by JA r Lt m My CommissionApires t t 2r Ndtar Public, Stats amrge SEAL STATE OF KENTUCKY } COUNTY OF MCCRACKEN ) The foregoing instrument was swom to and acknowledged before me this % ("TA day of ku rr-,js T 20_ by My Commission El It t Notary Public, State at Large SEAL STATE OF KENTUCKY. COUNTY OF McCRACKEN The foregoing instrument was swom to and acknowledged before me this 'ZbAday of kii Cj) : 20L, by 64Nx\/w anGr)nrw\Ao�-r My Commission xp es IX/7-1 Notary Public, State at Large SEAL R�CEIVEb JAN Q;8 1019 ENGINEERING DEPARTMENT DOCKET #: VAC201 &090 i STATE OF KENTUCKY } COUNTY OF McCRACKEN } The foregoing instrument was sworn to and acknowledged. MhaYdrie ol ProperqWribr before me this _M4 day ofeTs*68�n- . 20� a n -by 7_=MZi= U cn_i,�Zy^Ci I 1% - Property Owner's. Name Printed My CommisZNory pires 11 Address Public, State at L rge Signature of Property Owner Property Owner's Name Printed Address Signature of Property Owner Property Owner's Name Printed Address SEAL STATE OF;KENTUCKY ) COUNTY OFMcCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this _ day of 20_ by My Commission expires Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was swam to and acknowledged 'before me this ^ day of 20_,, by My Commission expires Notary Public, State at Large SEAL RECEIVE® JAN 2019 ENGINEERING DEPARTMENT 1/11111 IIB a0eBS1 IN 00at1Y I! ' } i� j i ��$ a eN r i nixae oo cri°"rxxvn unwrmnl°iBxw nara' ` s 9 13j p��. o<I>�9•aa alxo�a•oa 1111�9e ss #t� 8 �.. '' NIOOOW MON 101 NUNNNIe pL NMMHWMIO ys gppg)) N� �GR fid 1 1 } alb s � a morlgaeluMeyg MMM RR" a 7i = AB1eug I lnp Hboy mAom.9'aaeuj8u3 3 ga)rnsas IRaolggaJOJd aaamegg ` � -i �Se Sy�96Y F•� F d F S � d F � F O•� 1sBigte. 9IS F t ygOf y L S y U 00jig gag 15 \ HIS 1h � / J all CV q�l i lag i+�/ %/� • J � � , �� g y� a� ins d 'uar g / /T,' To e; m 5 0 0�: J ty 100 s gs €g f �� Z //•3 /J ? z / ('�J Vi DOCKET #: VAC2018.090 CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Dater 2 ,,EA171-Ykl; ' IZI,�1 Application is hereby made to the Mayor and Board of Commissioners for the closing of; Public Right-of-Way:A,,I �,A-eeo .$- .�'c--�- T�Y' �l ,U "T/mss ic/ /4vc-,r�.v L•n,v, ' Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. if the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners: STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) Rmoe—�The foregoing instrument was sworn to and acknowledged S' ature of Property Owner before me this %4 rl6y of _bwrw s -r 20 �? by ,�) Jaen 3a�v�as 42 �Js Property Owner's Name Printed My Commissionxpires!ZI 7-aA!5 w C Address Notary Public, State at Lar e SEAL STATE OF KENTUCKY COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged ,,Jignature of Property Owner before me this JT7141day of \-V GUSi 20 , by 15 aSi1� I U�� Property Owner's Name Printed My Commission ppires %k I 20 t. 6M D L . Address Notary Public, State at Large RECEIVE® SEAQ SEP 0� Alla r `'"i176,.r:J ,, yJCiiale ENGINEERING DEPARTMENT r j1\ Signature of Property UvYner d t N . ow e,\(1_5 Property Owner's-Narde Printed qT�al Address , Signature of Property Owner A/a/iiiL- o Property Owner's Name Printed Mfg � lel / Q Address Aciii C Signature of Property Owner 9NCt" Yh c f l _±A ti Property Owner's Name Printed L17 6G 13 ..kn -e- &, ,,f Address r v e DOCKET #: VAC2018.090 STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this 157+day of .Q0 Qu -,X 20_18, by LA V= Lt Iq n.rd. jiSmw P N s My Commissionpcpires 11 Z Ndtar� Public, State att�rge SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this 1(0W day of ku y%1 s-` .20 1$ by M Utz\c. T O tz_=_ iy My Commission a fres 111/7- k Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this ' 0-Aday of k"!Q u Q i , 201ib, by �A\VN '�/ �Erztyio r'T My Commission- xp �es 1 \ L C Notary Public, State at Large ' SEAL RECEIVED ,JAN Q` ?019 ENGINEERING DEPARTMENT DOCKET #: VAC201 &090 STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged a re ol Prope ner before me this 134 day of 6gg37A0s * 20j$ �'✓�, �� =%'i19 ; - by T-=mz v-�11�� Property Owner's Name Printed xpires 11 4, My CommisQNo UAI Address ry Public, State at L rge SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged Signature of Property Owner before me this day of 20_, by Property Owner's Name Printed My Commission expires Address Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged Signature of Property Owner before me this day of 20_ by Property Owner's Name Printed My Commission expires Address Notary Public, State at Large , �" '� ;'• :.;� ti� .� SEAL RECEIVED JAN OP %019 ENGINEERING DEPARTMENT 40 ADJACENT PROPERTY OWNER(S) 1. DOCKET # VAC2ol8-ogo 2. ADDRESS OF PROPERTY Unnamed Street Closing Between Buckner Lane and Exall Road 3. NAME AND ADDRESS OF PROPERTY OWNER Sean White 6105 Connie Sue Avenue Paducah, KY 42001 TELE # E-MAIL 4. ADJACENT PROPERTY OWNER(S) NAME/ADD ADJACENT PROPERTY ADDRESS Shawn and Renee McDermott 4766 Buckner Lane Paducah, KY 42001 -SAME- James and Melinda Bowens 4781 Exall Lane Paducah, KY 42001 -SAME- Mark and Jessica Toren 480o Buckner Lane Paducah, KY 42001 -SAME- ® PLANNING COMMISSION ❑ HARC ❑ BOARD OF ADJUSTMENTS DEPARTMENT OF PLANNING 300 SOUTH 5T" STREET — P.O. BOX 2267 PADUCAH, KY 42002 -2267 RECEIVED DEC 6 5 2018 ENGINEERING A RESOLUTION CONSTTTUTING THE FINAL REPORT OF THE PADUCAH PMUOMWT COMMISSION ON THB PROPOSED CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUC04ER LANE AND WALL LANE, OPPOSITE PINES ROAD. WHEREAS, a public• heating was held on November 5, 2018 by the Padacah Planning Commission after advertisement pursuant to law, and WHEUM, this Commission hes duly considered said proposal and has heard and considered the objections and suggesUm of all interested patties who appeared at said hearing, and WHERBA„4, this Commission adopted a proposal to close an unnamed Right -of -Way between Buckner Lane and Exall Lane, opposite Pines Road. NOW THEREFORE, BE IT RESOLVED, BY THE PADUCAH PLANNING COMMISSION: MECTION I- That this commission recommend to the Mayor and Board of Commissioners of the City of Paducah to close an unnamed Rigbt-of-Way between Budder Lane and Exalt Lane, opposite Pines Road as follows: LEGAL DESCRIPTION OF TRACT 1-2 10,481 SQUARE FEET Lying between Buckner Lane and Exall Road and being part of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G". page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 4" x 4" concrete monument In the Northerly right-of-way line of Exall Road at Its Intersection with the Westerly right-of-way One of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40, said point also being at the Southeasterly comer of Lot 2 In Block "B" of said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING Northeastwardly with the Westerly right-of-way line of said Unnamed City Street for the following 3 calls: N 1700321" E 140.10 feet to an existing 4" x 4" concrete monument (broken) at the beginning of a curve to the right having a radius of 267.72 feet; thence Northeastwardly with said curve to the right (a chord being N 38'0321" E 191.88 feet) a distance of 196.25 Net to a point at the end of said curve and beginning of a curve to the left having a radius of 113.07 Net, and Northeastwardly with said curve to the left (a chord being N 38°02'54" E 81.07 feet) a distance of 82.91 feet to a mag nail set in asphalt drive in the Southerly right-of-way line of Buckner Lane and at the Northeasterly comer of Lot i in Block "B" to aforesaid J.E. Gray Subdivision; thence S 72°52'29" E with the Southerly right-of- way line of said Buckner Lane 25.00 feet to a %" rebar with cap no. 2105 set In the centerline of aforesaid Unnamed City Street; thence Southwestwardly with the centerline of said Unnamed City Street for the following 3 calls: Southwestwardly with a curve to the right having a radius of 138.07 fleet (a chord being S 38.0321" W 98.96 feet) a distance of 101.21 feet to a W rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 242.72 feet, thence Southwestwardly with said curve to the left (a chord being S 38"031217 W 173.96 feet) a distance of 177.92 feet to a 1t" rebar with cap no. 2105 set at the end of said curve; and S 17°03'21" W 140.10 feet to a point in the Northerly right-of-vay line of aforesaid Emil Road; thence N 72°5639" W with the Northerly right-of-way line of said Exall Road 25.00 feet to the Point of Beginning and containing 10481 Square Feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 3 5,709 SQUARE FEET Lying on the Southerly side of Buckner Lane and being part of an Unnamed and unimproved City Street dedicated per J.E.Gray Subdivision recorded In Plat Section "G", page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as foilows to wit: Beginning at a %" rebar with cap no. 2105 set in the Southerly right-of-way line of Buckner Lane at its Intersection with the Easterly right-of-way line of an Unnamed and unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40, said point also being at the Northwesterly comer of lot 3 In block NA" to said J.E. Gray Subdivision recorded In Plat Section "G', page 40, THENCE FROM SAID POINT OF BEGINNING Southwestwardly with the Easterly right-of-way line of said Unnamed Street for the following 3 calls: S 63'28'55" W 21.66 feet to a %* rebar with cap no. 2105 set at the beginning of a curve to the right having a radius of 163.07 feet: Southwestwardly with said curve to the right ( a chord being S 40°41'26"W 102.76 feet) a distance of 104.54 feet to a W rebar with cap no. 2105 set at the end of said curvg and beginning of a curve to the left having a radius of 217.72 feet; and Southwestwardly with said curve,to the left (a chord being S 45"19'57" W 103.31 feet to an existing 2 %N iron pipe (bent) at the Southwesterly comer of aforesaid Lot 3 in Block "A" to J.E. Gray Subdivision; thence N 7257'25" W 25.74 feet to a X" rebar with cap no.2105 set in the centerline of aforesaid Unnamed City Street and a curve to the right having a radius of 242.72 feet; thence Northeastwardly with the centerline of said Unnamed City Street and said curve to the right (a chord being N 44'34'06" E 121.46 feet) a distance of 122.76 feet to a 14" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 138.07 feet, thence Northeastwardly continuing with the centerline of said Unnamed City Street and said curve to the left (a chord being'N 38'03' 21" E 98.96 feet) a distance of 101.21 feet to a X" rebar with cap no. 2105 set at the end of said curve and in the Southerly right-of- way line of aforesaid Buckner Lane; thence S 72'52'29" E with the Southerly right-of-way line of said Buckner Lane 40.00 feet to the Point of beginning and containing 5,709 square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 4 4,883 SQUARE FEET Lying on the Northerly side of Exalt Road and being part of an Unnamed City Street dedicated per J.E.-Gray Subdivision recorded In Plat Section "G'. page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing l4" rebar with -cap no. 3772 In the Northerly right -of --way, line of Exall Road at its intersection with the Easterly right-of-way line of an Unnamed City Street dedicated per J.E. Gray Subdivision recorded lin Plat Section "G", page 40, said point being at the Southwesterly comer of Lot 4 in Block "A" to said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING N 72'56'39" W with the Northerly right-of-way line of Exall Road 25.00 feet to a X" rebar with cap no. 2105 set in the centerline of said Unnamed City Street per J.E. Gray Subdivision recorded in Plat Section "G", page 40; thence Northeastwardly with the centerline of said Unnamed City Street for the following 2 calls: N 17'0321" E 140.10 feet to a W rebar with cap no. 2105 set at the beginning of a curve of the right having a radius of 242.72 feet; and Northeastwanliy, with said curve to the right (a chord being N 23'33'45" E 55.04 feet) a distance of 55.16 feet to 3S" rebar with cap no. 2105 set; thence S 72"57'25" E 25.74 feet to an existing 2 X" iron pipe (bent) in the Easterly right-of-way line of aforesaid Unnamed Road and at the Northwesterly comer of Lot 4 in Block "A" to aforesaid J.E. Gray Subdivision; thence Southwestwardly with the Easterly right-of-way line of said Unnamed City Street for the following 2 calls: Southwestwardly with a curve to the left having a radius of 217.72 fleet (a chord being S 24°19'36" W 55.14 feet) a distance of 55.29 feet to an existing 4" x 4" concrete monument at the end of said curve; and S 17'03'21" W 140.10 feet to the Point of Beginning and containing 4,883 Square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION 3. That if any section, paragraph or provision of this Resohition shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Resohrtion to make each and every section, paragraph and provision hereof separable from all other sections, Paragraphs and provisions. SECTION 4. Any agreements between the parties that are affected by the closure of this alley shall be forwarded to the City Commission with this Resolution. Cathy C�Z Adopted by the Paducah Planning Commission on November 5, 2018 Commissioner's Roll Call '� I Z Date OJZLIQAAA Z019 a.m. p.m. %3� /20 A w Meeting Motion of: M C I r-0 L -1c Seconded by: A l tl VNc--r� Minutes taken by City Clerk .�l COMMISSIONERSPRESENT WHEN YEA AT NAY MEETING CALLED TO ORDER J ABRAHAM McELROY WATKINS v WILSON V HAPLESS f MAYOR Minutes taken by City Clerk .�l sc -a t f r � �� .,.7a AD February 12, 2019 I move that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED FINAL SUBDIVISION OF LABARRI FARMS LOCATED AT 1720 AND 1740 NEW HOLT ROAD AND ACCEPTING THE DEDICATION OF RIGHT OF WAY AND EASEMENTS." This ordinance is summarized as follows: That the City of Paducah does hereby approve the final report of the Paducah Planning Commission respecting the proposed subdivision of property of LaBarri Farms for property located at 1720 and 1740 New Holt Road, and accepting the dedication of right of way and easements. In addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat and to execute an escrow agreement in the amount of $250,000.00. \motions\subd- Labarri Farms EMD Properties Final Plat and Escrow Commissioner's Roll Call Date®� 9 a.m. p.m. CAA J Q. r Meeting Motion of: \ PPMQ ol.0 C e eef ffi—S Seconded by: Q v Minutes taken by f-Jb ' � ,\s,u C&III LJ 4t)t A City Clerk It COMMISSIONERSPRESENTWIIEN MECALLED YEA �T �7A1TING 1r TO ORDER ABRAHAM McELROY WATKINS WILSON MAYOR HARLESS� Minutes taken by f-Jb ' � ,\s,u C&III LJ 4t)t A City Clerk It JANUARY 22, 2019 I move that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED FINAL SUBDIVISION OF LABARRI FARMS LOCATED AT 1720 AND 1740 NEW HOLT ROAD AND ACCEPTING THE DEDICATION OF RIGHT OF WAY AND EASEMENTS." This ordinance is summarized as follows: That the City of Paducah does hereby approve the final report of the Paducah Planning Commission respecting the proposed subdivision of property of LaBarri Farms for property located at 1720 and 1740 New Holt Road, and accepting the dedication of right of way and easements. In addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat and to execute an escrow agreement in the amount of $250,000.00. \motions\subd- Labarri Farms EMD Properties Final Plat and Escrow Agenda Action Form Paducah City Commission Meeting Date: January 22, 2019 Short Title: Townhomes of LaBarri Farms: Final Plat Approval and Escrow Agreement Approval - R MURPHY Category: Municipal Order Staff Work By: Maegan Mansfield, Eric Hickman Presentation By: Rick Murphy Background Information: The final plat of subdivision, the subdivision roadway plans, and stormwater management plans submitted for Townhomes of LaBarri Farms Subdivision have been reviewed and are approved as noted by letter dated September 17, 2018, issued by the City Engineer & Public Works Director The aforementioned letter was mailed to the Engineer of Record and Owner. On September 17, 2018 the Paducah Planning Commission adopted a Resolution approving the final plat of subdivision. The City Engineer & Public Works Director required an amount of $250,000 to be submitted as a surety for the completion of public improvements. EMD Properties, LLC has submitted a $250,000 surety in the form of an escrow agreement issued by CFSB Bank for completion of subdivision public improvements pursuant to the City of Paducah Ordinances. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available: Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the Mayor to execute the Final Plat of Subdivision, Escrow Agreement as surety with EDM Properties, and to accept the dedication of the public right of way and easements as shown on the Final Plat of Subdivision for Townhomes of LaBarri Farms. Attachments: 1. Ordinance 2. Escrow Agreement Unsigned 3. La Barri - Final Subdivision Plat 4. Subdivision Approval Letter 9-17-18 5. Planning Commission Resolution t b ORDINANCE NO. 2019- 0 - � 'j; wy � 46 AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED FINAL SUBDIVISION OF LABARRI FARMS LOCATED AT 1720 AND 1740 NEW HOLT ROAD AND ACCEPTING THE DEDICATION OF RIGHT OF WAY AND EASEMENTS WHEREAS, by Resolution dated September 17, 2018, the Paducah Planning Commission recommends to the Board of Commissioners the adoption of an ordinance approving the final plat of subdivision of property of LaBarri Farms for property located at 1720 and 1740 New Holt Road, and accepting the dedication of streets and public easements shown thereon; and WHEREAS, the City Engineer has recommended an Escrow Agreement in the amount of $250,000.00, for completion of public roadways, storm drainage systems, and other designated public improvements, in accordance with the proposed subdivision plan and the City's specifications. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That a resolution adopted by the Paducah Planning Commission on September 17, 2018, entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY LOCATED AT 1720 AND 1740 NEW HOLT ROAD", be approved as the final report of said Commission respecting the matters set forth therein. SECTION 2. That the subdivision of said property shall be, and it is hereby, approved as shown on the plat referred to in said subdivision, which plat is entitled, "LaBarri 1720 & 1740 Holt Road, Paducah, Kentucky 42001", and said property is hereby declared to be subdivided as shown on said plat. SECTION 3. That the dedication of the public right-of-way and public utility easements shown on said plat shall be, and they are hereby, accepted and shall be maintained by the City of Paducah, but such acceptance shall not constitute an undertaking on the part of this Board or the City of Paducah, Kentucky, for the construction or improvements of said right-of-way. The Mayor is hereby authorized to subscribe a certificate of approval on the plat. SECTION 4. That the Board of Commissioners approves the recommendation of the City Engineer to accept an escrow agreement in an amount of $250,000 for completion of subdivision improvements and authorizes the Mayor to execute said escrow agreement in substantially the same form as attached hereto and made part hereof (Exhibit A). SECTION 5. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not effect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph, and provision, hereof separable from all other sections, paragraphs and provisions. SECTION 6. This ordinance shall have two separate readings and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 22, 2019 Adopted by the Board of Commissioners, February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 Published by The Paducah Sun, \ord\plan\subd-LaBerri farms EMD Properties Final Plat and Escrow EXHIBIT A ESCROW AGREEMENT THIS ESCROW AGREEMENT made and entered into this day of 20_, by and between EMD PROPERTIES LLC„ a Kentucky Corporation with its principal office and place of business at 3936 Alameda Crescent, Paducah, Kentucky 42001, hereinafter referred to as "Developer'; and CFSB BANK, a Kentucky Corporation with its principal office and place of business at 221 W. 5th Street, Benton, Kentucky 42025, hereinafter referred to as "Bank"; and the CITY OF PADUCAH, a Municipal Corporation, whose address is P.O. Box 2267, Paducah Kentucky, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer acquired certain real property located in the City of Paducah, McCracken County, Kentucky, of record in Deed Book 1355, Page 40 and Deed Book 1347, Page 608, McCracken County Clerk's Office; and WHEREAS, Developer has tendered a Subdivision Plat affecting said property for approval by the City of Paducah; and WHEREAS, acceptance of the proposed Subdivision Plat by the City of Paducah is subject to adequate assurance that all required subdivision improvements are completed in accordance to the City of Paducah's Subdivision Ordinance and the subdivision plans as approved by the City Engineer; and WHEREAS, Bank has agreed to establish an escrow account to provide the necessary monetary assurance which will guarantee the completion of the above- mentioned required subdivision improvements. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements as hereinafter contained, the parties hereto agree as follows: 1, Developer shall, within one year complete the subdivision improvements as depicted on the subdivision plans entitled as LaBarri, as prepared by Siteworx (Engineer), project number 17101 consisting of 17 sheets, which was approved by the City Engineer on and is attached as Exhibit "A". 2. Developer shall deposit with Bank, as escrow agent, the sum of $250,000.00. Said sum shall be held by Bank and thereafter disbursed no more than once per month, for partial completion of the subdivision improvements upon certification of by a licensed Kentucky Professional Engineer and approved by the City Engineer. Bank shall release that portion of the escrowed funds equal to the percentage of completion as certified by the aforesaid licensed Kentucky Professional Engineer and with the approval -of the City Engineer, with exception that Bank shall hold 10% of the escrowed funds until such time as the City of Paducah issues a certificate of completion in compliance with the specifications above referenced. At that time, Bank may. require a receipt of mechanics' or materialmen's lien waiver to be, executed by any and all contractors, subcontractors, materialmen, and/or their employees or agents, certifying that all fees, costs and payments due have been fully paid to the date of the request or voucher for escrow disbursement. 3. Developer agrees to use the escrowed funds released by Bank to Developer for the purpose of payment for construction of subject improvements. Developer further agrees to pay and satisfy all costs and expenses of construction. 4. Upon default hereunder by Developer, as a result of their failure to complete the improvements in accordance with the approved plans and specifications above referenced within one year, City may cause said improvements to be completed and shall be reimbursed by Bank, utilizing the Developer's escrow funds, for all costs and expenses therefore, including reasonable attorney's fees. Upon default by Developer, Bank shall disburse the remaining escrowed funds to the City upon satisfactory proof to Bank that said improvements have been completed and proof of the cost and expenses of City for completion of such 2 improvements. Nothing herein shall be construed to, limit the liability of Developer to that amount represented by escrowed funds. Developer shall indemnify the City, or its assigns, from any and all losses and expense incurred by the City, or its assigns, as a result of Developer's default hereunder, including reasonable attorney fees and court costs, which shall be payable to the City out of the escrowed funds held by the Bank upon proper proof of the loss and expenses. 5. Developer does hereby agree to hold harmless and indemnify Bank from all cost expended in performing duties hereunder including reasonable attorney fees and court costs should same be incurred for the enforcement of this agreement, including an action by Bank for declaratory judgments as to the right of the parties. Bank may rely on the certification of completion by a licensed Kentucky Professional Engineer and the City Engineer and shall, upon the occasion of disbursement to the Developer of a percentage of the escrowed funds, forward to City a copy of the notice of the amount disbursed from the escrowed funds. Upon default by Developer, certification of completion of the improvements by City shall be by the City Engineer and Bank may require whatever proof it, in its sole discretion, deems necessary as to the costs and expenses incurred by City for the completion of such improvements. 6. By execution below, Bank acknowledges receipt of the escrow funds in the amount of $250,000.00. This agreement shall be binding and inure to the benefit of the parties, their successors and assigns. 7. This Agreement represents the full and entire understanding by and between the parties. 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 Property Owner and their respective heirs, successors, and assigns. 3 ENTERED into by the parties hereto on the date first above written. °CITY" CITY OF PADUCAH, KENTUCKY BY: Brandi Harless, Mayor "DEVELOPER" "BANK" CFSB BANK TITLE:. STATE OF KENTUCKY } COUNTY OF MCCRACKEN ) Subscribed, sworn to and acknowledged before . me this the day of '20_, by Brandi Harless, as Mayor of and on behalf of the City of Paducah, Kentucky, "City". My commission expires: 4 NOTARY PUBLIC, STATE AT LARGE NOTARY ID: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) Subscribed, sworn to and acknowledged before me this the :21^ day of fJGePxnS 2a I _, by Elizabeth M. Dome, as Member of and on behalf of EMD Properties, LLC, "Developer". My commission expires: pq-OR -Q0@0 Leslie K.vick,Notary Public NOTARY PUBLIC, STATE AT LARGE �` State At Large, Kentucky My Commission Expires: 09.09.2020 NOTARY ID: 5(P4(0101 Notary ID: 584887 STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) Subscribed, sworn to and acknowledged before me this heaL daylbee- 20 !L, by _ _ �/1Qpja V l f' �L. (title) ` on behalf of CFSB Bank, 'Bank". My commission expires: ►N� o1Daa Re" L.DWMANataryPWAO- NTA 'Y PUBLIC, STATE AT LARGE StAGIAtLarge,Kondudw NOTARY ID: Eos My Can Nd ID:re> 071A-2022 �4 ESCROW AGREEMENT THIS ESCROW AGREEMENT made and entered into this day of 20_,, by and between EMD PROPERTIES LLC., a Kentucky Corporation with its principal office and place of business at 3936 Alameda Crescent, Paducah, Kentucky 42001, hereinafter referred to as "Developer"; and CFSB BANK, a Kentucky Corporation with its principal office and place of business at 221 W. 5th Street, Benton, Kentucky 42025, hereinafter referred to as "Bank"; and the CITY OF PADUCAH, a Municipal Corporation, whose address is P.O. Box 2267, Paducah Kentucky, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer acquired certain real property located in the City of Paducah, McCracken County, Kentucky, of record in Deed Book 1355, Page 40 and Deed Book 1347, Page 608, McCracken County Clerk's Office; and WHEREAS, Developer has tendered a Subdivision Plat affecting said property for approval by the City of Paducah; and WHEREAS, acceptance of the proposed Subdivision Plat by the City of Paducah is subject to adequate assurance that all required subdivision improvements are completed in accordance to the City of Paducah's Subdivision Ordinance and the subdivision plans as approved by the City Engineer; and WHEREAS, Bank has agreed to establish an escrow account to provide the necessary monetary assurance which will guarantee the completion of the above- mentioned required subdivision improvements. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements as hereinafter contained, the parties hereto agree as follows: it 1. Developer shall, within one year complete the subdivision improvements as depicted on the subdivision plans entitled as LaBarri, as prepared by Siteworx (Engineer), project number 17101 consisting of 17 sheets, which was approved by the City Engineer on and is attached as Exhibit "A". 2. Developer shall deposit with Bank, as escrow agent, the sum of $250,000.00. Said sum shall be held by Bank and thereafter disbursed no more than once per month, for partial completion of the subdivision improvements upon certification of by a licensed Kentucky Professional Engineer and approved by the City Engineer. Bank shall release that portion of the escrowed funds equal to the percentage of completion as certified by the aforesaid licensed Kentucky Professional Engineer and with the approval of the City Engineer, with exception that Bank shall hold 10% of the escrowed funds until such time as the City of Paducah issues a certificate of completion in compliance with the specifications above referenced. At that time, Bank may require a receipt of mechanics' or materialmen's lien waiver to be executed by any and all contractors, subcontractors, materialmen, and/or their employees or agents, certifying that all fees, costs and payments due have been fully paid to the date of the request or voucher for escrow disbursement. 3. Developer agrees to use the escrowed funds released by Bank to Developer for the purpose of payment for construction of subject improvements. Developer further agrees to pay and satisfy all costs and expenses of construction. 4. Upon default hereunder by Developer, as a result of their failure to complete the improvements in accordance with the approved plans and specifications above referenced within one year, City may cause said improvements to be completed and shall be reimbursed by Bank, utilizing the Developer's escrow funds, for all costs and expenses therefore, including reasonable attorney's fees. Upon default by Developer, Bank shall disburse the remaining escrowed funds to the City upon satisfactory proof to Bank that said improvements have been completed and proof of the cost and expenses of City for completion of such Fq improvements. Nothing herein shall be construed to limit the liability of Developer to that amount represented by escrowed funds. Developer shall indemnify the City, or its assigns, from any and all losses and expense incurred by the City, or its assigns, as a result of Developer's default hereunder, including reasonable attorney fees and court costs, which shall be payable to the City out of the escrowed funds held by the Bank upon proper proof of the loss and expenses. 5. Developer does hereby agree to hold harmless and indemnify Bank from all cost expended in performing duties hereunder including reasonable attorney fees and court costs should same be incurred for the enforcement of this agreement, including an action by Bank for declaratory judgments as to the right of the parties. Bank may rely on the bertification of completion by a licensed Kentucky Professional Engineer and the City Engineer and shall, upon the occasion of disbursement to the Developer of a percentage of the escrowed funds, forward to City a copy of the notice of the amount disbursed from the escrowed funds. Upon default by Developer, certification of completion of the improvements by City shall be by the City Engineer and Bank may require whatever proof it, in its sole discretion, deems necessary as to the costs and expenses incurred by City for the completion of such improvements. 6. By execution below, Bank acknowledges receipt of the escrow funds in the amount of $250,000.00. This agreement shall be binding and inure to the benefit of the parties, their successors and assigns. 7. This Agreement represents the full and entire understanding by and between the parties. 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 Property Owner and their respective heirs, successors, and assigns. 3 ENTERED into by the parties hereto on the date first above written. "CITY" CITY OF PADUCAH, KENTUCKY BY: Brandi Harless, Mayor "DEVELOPER" ffowdod, IF/A Az - mm "BANK" CFSB BY: TITLE: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN } Subscribed, sworn to and acknowledged before me this the day of 20 , by Brandi Harless, as Mayor of and on behalf of the City of Paducah, Kentucky, "City". My commission expires: 4 NOTARY PUBLIC, STATE AT LARGE NOTARY ID: STATE OF KENTUCKY COUNTY OF MCCRACKEN Subscribed, sworn to and acknowledged before me this the c� _ day of pPS&n2kQv 20 I $ , by Elizabeth M. Dome, as Member of and on behalf of EMD Properties, LLC, "Developer". My commission expires: ()•-Oq Eo $tde AtI.wo. Kwtu * ommteeion mom�&09-22010 Wot�y tp: X64881 STATE OF KENTUCKY COUNTY OF MCCRACKEN a . , �/I NOTARY PUBLIC, STATE AT LARGE NOTARY ID: e5& 4 (ola I Subsc ibed, sworn to and acknotiledged before me thi a &L day ofher 20 , by i �n0aa fes'' , {title ' ' LC on behalf of CFSB Bank, "Bank". 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I® ay R: I ❑ gtI a �Y � SB�aCl=0ga1.6N � b�lil 38pBY[ry —L Y Q Y I II t � §O�" R6gg: " Hill Isgaay{1qi �I� \ yl�gx� W55„e t' I •S31V1S3 nn.:lrv� Bn3•53i r ----------- IT --- --p® a i g arYG4 M.l0.CC.L8 � t I b @ � I�6 I� 11a I•� fiY I k IT kI _9atn ��.n.cs I ;I IT I: ©Fr IL �SOYf1q?a1B _ '� a k IT , ;j R it Gy I p, I(D �.._ g ®� sa) j p aI I ey a W h 93 .RL96L A1.9644.69 1�.._. rpay I ImI a �'�---.ft--•L9L �9CgL.f9 I b s — �— Rick Murphy, P.E. City Engineer 8r Public Works Director September 17, 2018 SiteWorx Survey & Design, LLC Jason Goins, P.E. 124 South 3114 Street Paducah, Kentucky 42001 CITY OF PADUCAI- 300 South 5th Street P O. Box 2267 Paducah, KY 42042-2267 www.paA=a*.gov RE: Townhomes at Laberri Farm Subdivision Dear Jason, Phone: (270) 444-8511 Fax: (270) 444-8689 The subdivision plans, stormwater pollution prevention plan (SWPPP) and the stormwater management plan submitted for the above referenced subdivision have been reviewed and are approved, subject to the following conditions as stated below. In making these findings, the Engineering — Public Works Department has relied upon the engineer of record signature and seal on the submitted design plans for purposes of determining compliance with City of Paducah's ordinances. Nothing contained herein shall be construed as an assumption of liability by the City of Paducah Engineering - Public Works Department or a waiver of liability of the engineer who submitted the design plans if it is subsequently determined the engineer of record erred in his/her design calculations and/or application of various materials causing the design plans to become incompliant with City ordinances. GENERAL COMMENTS 1. The Developer will be. responsible to employ a professional engineer to ensure the construction of all improvements required by the City of Paducah's Subdivision Ordinance are completed in accordance to the plans as approved by the City Engineer and in conformity with all applicable City standards. The Developer will be -responsible for all field verifications and inspections and all costs incurred. 2. An Engineering Department's representative will be on site to periodically spot-check the construction in progress. The Engineering Department will not be held responsible for work that is not completed in accordance to the approved subdivision's construction plans. 3. AU construction of public improvements to be dedicated to the City of Paducah, the quality of construction, materials, and testing shall equal or exceed the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction. 4. The Engineer of Record and the City Engineer shall approve all shop drawings, materials, etc. prior to ordering/purchasing these materials. 5. The responsibility of the construction of the improvements and the ownership and maintenance responsibilities during construction shall be those of the developer. Lack of installation of the VMIAKPVP� EQUAL OPPORTUNITY EMPLOYER Page 2 of S facilities in accordance with all City requirements will result in the subdivision not being accepted. 6. Prior to final acceptance of the subdivision, a licensed professional engineer must submit the certification that•all required improvements were constructed in accordance with the approved plans, specifications, and subdivision ordinance. 7. A one-year warranty period will begin for the entire system on the date of the acceptance letter of the City Engineer: 8. A final set of Construction As -Built plaits shall be submitted•at the completion of the project. Electronic media submittals are acceptable. 4. It shell be understood the City reserves the right to make field corrections as a result of inadvertent oversights, deficiencies or unforeseen errors to the plans as made evident during construction of any project. It shall also be understood'all financial responsibilities resulting from said field revisions will not include the City of Paducah's participation. If any revisions are required, said revisions shall be completed under the direct supervision and approval of the City Engineer's Office. 10. The approval herein shall no in any manner be interpreted as being any type of approval, statement or warranty concerning the Iocation and/or extension of the depicted utility services. The Property Owner/Developer shall be responsible for obtaining the necessary approvals -and permits for connectionslextensions of utility services through the various utility companies. The approval of this site plan shall be construed as being in conformance with City Ordinance for the site plan requirements, ROADWAY - CURB AND GUTTED 1. The developer's engineer/developer/contractor shall notify the City Engineer's office 48 Hours in advance of the following construction procedures: a. Prior to -the placing the D.G.A. Sub -base on any soil subgrade. (proof rolling required) b. Prior to pouring any curb and gutter placement: (Verification of positive drainage) c. -Prior to any asphalt base placement. (Proof rolling required) 2. Traffic control shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices, 3. Once field staking has .been completed, the Engineer/Contractor shall notify the City Engineer's office for approval prior to constructing the curb and gutter. 4. When the contractor feels the DGA is ready for final inspection, this office will verify the prepared surface allows for the designed cross slope, as.well as consistent and proper depth of asphalt. 5. No more than 24 hours immediately prior to paving, facilitate a proof roll utilizing, at minimum, a tandem truck with at least 20 tons. 6. At time of completion of the curb and gutter, the Engineer/Contractor shall notify the City Engineer's office for approval of the work completed prior to the placement of asphalt. 7. Any. pavement and/or curb and gutter grading resulting in water standing will be rejected, and corrected immediately. All costs associated with any. necessary corrections shall be born by the developer. The City will not,be:responsible for any oversights made by the engineers or contractors. 8. All trench backfill'within the City. of Paducah's right of way shall be in accordance with the City of Paducah's Utility Roadway Trench Detail. Page 3 of S 9. Trench Backfill for sanitary sewer and water line - 84 psi Plowable fill required if roadway is paved immediately following installation of roadway base. However, if roadway base is allowed to settle for a time period approved by the City Engineer, Plowable Fill will not be required and DGA can be used for backfill. 10. Verification of all required testing and inspection reports shall be submitted to this office by the Developer's Engineer to verify compliance of the approved construction of all public infrastructure.; The Developer's Engineer shall also submit verification of all required testing and inspection reports to the appropriate public and private agencies to verify compliance of the construction. 11. Eicisting roadways damaged during construction shall be repaired 'to the City Engineer's satisfaction when construction is complete. 12, Prior to any deviation frorii the approved plans'or specifications during construction, approval shall be obtained from the City Engineer, in writing. PUBLIC UTILITIES 1. The Property Owner/Developer shall be responsible for obtaining the necessary approvals and permits for connections/extensions of utility services through the various utility companies. 2. Verification of all required testing, inspection reports and certifications shall be submitted to the appropriate public and private utility agencies by the Developer's Engineer to verify compliance of the approved construction. 3. A copy of the approval and acceptance by the public and private utility agencies shall be provided to the City Engineer prior to subdivision acceptance. DRAINAGE & GRADING 1. Perpetuation of existing drainage not affected by the proposed project shall be maintained at all times. 2. All ditches disturbed during construction shall be returned to their original lines and grades. The improvement of this site shall not detour or obstruct the necessary drainage required. 3. Excelsior matting is required for the full length of the disturbance in the ditches located within the public right-of-way. EROSION PREVENTION AND SEDBMT CONTROL: 1 Erosion control prevention measures shall be installed prior to.stripping of topsoil and vegetative cover. If this is ignored, the project will be subject to: being shut down immediately without notice. The project will not resume until proper silt protection has been installed and approved by the City Engineer's office.. All potential erosion shall be controlled in such a. manner so as to prevent any displacement of silt to the adjacent property owners, streams, and/or right of way. This control shall be implemented through proper installation of silt fence or straw bales during the construction duiation and maintained until proper ground cover has been established. 2. All potential erosion shall be maintained and controlled within the development site. Erosion shall be controlled through proper Installation and effective uses of erosion control devices, i.e., silt fences and inlet protection. Applicable erosion control devices/measures shall be perpetually maintained during the construction phase of this project until a proper vegetative ground cover is established. (The general contractor shall be solely responsible for all costs associated with any cleanup/restorations, but not limited to adjacent ditches, Page 4 of 5 creeks, streams, propertiem, and applicable fines direct and/or indirect should displacement of silt beyond the development site occur.) EROSION PREVENTION AND SEDIMENT COpa OL APPROVAL The Erosion Prevention and Sediment Control Plan dated, July 16, 20.18, submitted by.Damon Turner, P.E. is Approved in accordance with City of Paducah Code of Ordinances -Chapter 50, Article IV "Erosion Prevention and Sediment Control" with the following conditions: e All potential erosion shall be maintained and controlled within the development site in accordance with the.approved EPSC ;plan.. • Applicable erosion control devices/measures shall be perpetually maintained during the construction phase of this project until a,proper vegetative ground cover is established. —.1,11-1a. I nt L -^a— 1.0 "Aj 1 a% A 4a4—.0 --y ,",= aCa4\CaVL' 11aL'.Lf a•{'aVa -a —'. In accordance with the requirements in City of Paducah Code of Ordinances Chapter 50 Article 11I, Stormwater Conveyance and Management shall apply to the following: STO1ZMWATER MANAGEMENT PLAN APPROVAL The.R,egional Stormwater Management Plan submitted for this- subdivision on September 5, 2018 is approved in accordance with Section 50 Article III•- "Stormwater Conveyance and Management" with the following conditions: 1. Section 50-155 (7) Construction Certification:"Prior to final approval of the development,, the licensed professional engineer must submit certification that the stone water management and conveyance facilities were'constructed in accordance with the approved plan. Final approval shall also provide evidence of the recording of all storm water conveyance and management facilities deed restrictions, easements and rights -6k way. 'Any request for deviation from the approved plan during construction shall be submitted to the city plan. review staff in writing for approval:' 2. The Engineer shall verify that the detention facility has positive drainage with side slopes being at least 3:1 for the purpose of maintenance. 3. The bottom of all detention basins shall be graded/sloped with a 1% grade directly to the outlet point to allow for continuous.drainage. No flat bottom detention ponds will be accepted. The ENTIRE detention pond shall be maintained in a "LAWN STATE" for the duration of the detention pond. SUBDIVISION PLAT PROCESS 1. Prior to. proceeding to the Board of Commission, the developer will need subinit a form of Security to cover the'cost of public-irnprovements in accordance witli the City of Paducah Ordinance requirements in the amount of $2501,000.00 to be submitted to the City Engineer's office. The security may be in the form of an Irrevocable Letter'of Credit, a Subdivision Bond, or an Escrow Agreement sufficient to completh the improvements and installations that are proposed to be dedicated,to the City. 2. After receipt of the required Security, thb subdivision final plat will be considered by. the Board of Commissioners for acceptance of the dedicated right -of way and public easements. 3. Subsequent to approval by the Board of Commissioners, the Final Plat of Subdivision will need to be recorded at the McCracken County Clerk's office. Page 5 of 5 PUBLIC IMPROVEMENT' COMPLETION & ACCEPTANCE, PROCESS 1. Subsequent to completion of the subdivision construction, a licensed professional engineer must submit a letter to the City Engineer stating that all required subdivision improvements, including all public improvements, monumentation, stormwater management system, etc., were constructed in accordance with the approved plans, specifications, and City of Paducah's Subdivision Ordinance. 2. Following receipt of the correspondence from the licensed professional engineer of the completion of the subdivision, a walk-through inspection can be scheduled. The notification of the walk-through meeting date and time shall be addressed to all parties concerned in writing. 3. Subsequent to the walk-thru, if all necessary items have been completed by the developer, a letter will be issued by this office stating that all improvements required by the City of Paducah's Subdivision Ordinance have been completed in conformity with all City standards. A one- year warranty period will begin for the entire system on the date of the acceptance letter. 4. Until full subdivision acceptance by the City, the responsibility of the construction of the improvements and the ownership along with -all maintenance responsibilities shall be those of the developer. Lack of installation of the facilities in accordance with all City requirements will result in the subdivision not being accepted. FOLLOW UP - CONCLUSIONS We would like to note that the responsibility of the construction improvements and the ownership and maintenance responsibilities during construction shall be those of the engineer of record, contiactor,'and developer. Failure to comply with noted conditions outlined herein may result with the development to become unacceptable until suoh time as potential deficiencies are addressed. If you have any,questions regarding this matter, please call. Since y, Rick Murp 'P. . City Engineer-Publi Works Director cc: James Arndt, City Manager Tamraara Tracy, Planning Director Liz Domd, Developer Eric Hickman, P.E., Stormwater & Drainage Engineer A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY LOCATED AT 1720 AND 1740 NEW HOLT ROAD. WHEREAS, a public hearing was held on April 23, 2018 by the Paducah Planning Commission after advertisement pursuant to law, and. WHEREAS, all matters regarding the final plat have been made known to the Commission, and REAS, a final plat of said subdivision has been submitted to the Paducah Planning Commission, being entitled Townhomes at Laberri Farm. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION. SECTION 1. That this Commission recommend to the Mayor and Board of Commissioners the adoption Of the final plat and the subdivision reflected thereon. SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION I That said plat shall be released for recording purposes after favorable action by the Mayor and Commission upon this report. SECTION 4. That if any section, paragraph or provision of this Resolution shall be found to be Inoperative, ineffective or invalid for awl cause, the deficiency or invalidity of such section, paragraph or provision shad not affect any other section, paragraph or provision hereof; it being the purpose and intent of this Resolution to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. Adopted by the Paducah Planning Commission on September 17, 2018 RECEIVE® JAN 11 2019 ENGINEERING MPAMMENT Commissioner's R®11 Call r Dated �I-�,�►, � i VLe 271!j a.m. p.m.5 % ?0 �.1 Meeting Motion of: Ab Seconded by: Mr r Minutes taken by p City Clerk cb9mlSSIONERSPRESENTWHEN MEETING CALLED TO ORDER �T YEA NAY NA ABRAHAM McELROY WATIUNS WILSON MAYOR HARLESS Minutes taken by p City Clerk February 12, 2019 I move that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND INTEGRATED VISUALIZATION SYSTEMS, INC., D/B/A INNOVATIONS BRANDING HOUSE, FOR WEBSITE, VIDEOS, DESIGN OF PRINTED MATERIALS AND SOCIAL MEDIA CONTENT RELATED TO THE CITY'S STRATEGIC PLAN INITIATIVES IN AN AMOUNT NOT TO EXCEED $20,000 FOR FISCAL YEAR 2019 AND $36,000 FOR FISCAL YEAR 2020; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." This ordinance is summarized as follows: That the City of Paducah does hereby approve an agreement with Innovations Branding House in an amount not to exceed $20,000 in FYI and $36,000 in FY20 for professional services related to branding and community engagement for the City's Strategic Plan. \motions\agree- Innovations Branding House — Our Paducah — Strategic Plan Agenda Action Form Paducah City Commission Meeting Date: February 12, 2019 Short Title: Approve Contract with Innovations Branding House - M SMOLEN Category: Ordinance Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: The City is proposing to contract with Innovations Branding House for community engagement with the Strategic Plan. The agreement will include a 3 - 4 month public launch of our initiatives. After the initial launch, Innovations Branding House will lead quarterly campaigns to promote the plan, our accomplishments and ways to get involved. We are calling this "Our Paducah". The cost is $20,000 in FYI for the initial launch and $36,000 in FY20 for the quarterly campaigns. The costs include a website, videos, design of printed materials, and social media content. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): All Funds Available: Account Name: Mayor & Commission Promotions Account Number: 10000102-539090 Staff Recommendation: Approve the contract with Innovations Branding House for $20,000 in FY 19 and $36,000 in FY20. Attachments: 1. Ordinance 2. IBH Procurement Memo 3. IBH Signed Agreement 02062019 ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND INTEGRATED VISUALIZATION SYSTEMS, INC., D/B/A INNOVATIONS BRANDING HOUSE, FOR WEBSITE, VIDEOS, DESIGN OF PRINTED MATERIALS AND SOCIAL MEDIA CONTENT RELATED TO THE CITY'S STRATEGIC PLAN INITIATIVES IN AN AMOUNT NOT TO EXCEED $20,000 FOR FISCAL YEAR 2019 AND $36,000 FOR FISCAL YEAR 2020; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City of Paducah desires to engage the community in the City's Strategic Plan with a program called "Our Paducah"; and WHEREAS, the City of Paducah desires to contract with Integrated Visualization Systems, Inc. d/b/a Innovations Branding House for website, videos, design of printed materials, and social media content for the initial launch of the project and for ongoing projects associated with the Strategic Plan; and WHEREAS, a written determination has been made by the City Manager that this contract is for professional services and will be a noncompetitive negotiation purchase pursuant to KRS 45A.380(3). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves an Agreement in substantially the form attached hereto Exhibit A, between the City of Paducah and Integrated Visualization Systems, Inc. d/b/a Innovations Branding House for services related to community engagement with the City's Strategic Plan in an amount of $20,000 in FY2019 for the initial launch plus four quarterly installments not to exceed $9,000 each during FY2020 for ongoing projects and authorizes the Mayor to execute said Agreement. SECTION 2. Expenditures. The expenditure shall be charged to the Mayor & Commission Promotions Account, account number 10000102-539090. SECTION 3. 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 4. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 12, 2019 Adopted by the Board of Commissioners, Recorded by Lindsay R. Parish, City Clerk, Published by The Paducah Sun, \ord\agree-Innovations Branding House — Our Paducah — Strategic Plan Exhibit A 215862 CITY OF PADUCAH SERVICE AGREEMENT This Agreement is made this L.% day of rLb , 2019, by and between CITY OF PADUCAH of P.O. Box 2267, Paducah, Kentucky 42002-2267, a municipal corporation, (hereinafter referred to as "City") and INTEGRATED VISUALIZATION SYSTEMS, INC. d/b/a INNOVATIONS BRANDING HOUSE of 612 Broadway, Paducah, KY 42001 (hereinafter referred to as "Innovations"). WITNESSETH: WHEREAS, Innovations Branding House is a full service branding provider; and WHEREAS, City wishes to contract with Innovations for services; and WHEREAS, it is the express intent of the parties hereto to enter into a contractual agreement which will set out the terms, conditions, and covenants of the parties' contractual relationship; and NOW, THEREFORE, for and in consideration of the terms, covenants, and conditions herein set forth and contained, Innovations and City agree as follows: 1. SERVICES. Innovations provides and performs services, which includes but is not limited to, business branding, graphic design, logo development, website development, website hosting, social media, video production, photography, tradeshow display creation and 3D illustration. By signing this agreement, City hereby creates an account with Innovations for the purchase of services. Attached to this agreement as Exhibit A is the project proposal describing the scope of work between Innovations and City. All services and work shall be provided and performed in a workmanlike and professional manner and shall be diligently and timely completed. The Initial Projects, listed within Exhibit A, shall be completed by June 30, 2019. Upon completion of the Initial Projects, Quarterly Projects will begin each quarter, beginning July 1, 2019, and be completed within the end of the quarter, with the first Quarterly Project to be completed by September 30, 2019. 2. TERM. The initial term of this Agreement is four (4) months, commencing on the Effective Date of this Agreement. The Effective Date of this Agreement will begin March 1, 2019 and ending on June 30, 2019. Upon the end of the initial four (4) months, the term will be quarter -to -quarter, with the second term, following the initial term, beginning July 1, 2019. Thereafter each term will continue to be quarter -to -quarter. Either City or Innovations shall be ermitted to terminate this agreement and end the relationship between City and Innovations by p providing thirty (30) days written notice to the other. Draft #3 3. PAYMENT TERMS AND INVOICING PROCEDURES. (a) A detailed invoice for services rendered shall be sent by Innovations to City for services or projects rendered on at least a monthly basis. Invoices shall clearly display the corresponding Project for which services are rendered, including the quarter for which services are rendered, or for the Initial Project. (b) All invoice amounts are due within thirty (30) days after the date of any invoice. The payments shall be sent to Innovations' address above, or to such other address as Innovations shall designate, from time to time, by written notice. 4. PROPERTY OF CITY. Innovations hereby specifically acknowledges that all drawings, graphics, logos, websites, videos, photos, creative work and online designs created for City, are owned by the City and shall be copyright to the City. S. COSTS OF SERVICE. (a) As full compensation for the performance of the Initial Project, listed within Exhibit A, City shall be pay to Innovations an amount not to exceed Twenty Thousand Dollars ($20,000.00), which shall be paid within four (4) months from the Effective Date of this Agreement. (b) As compensation for Ongoing Quarterly Projects, listed within Exhibit A, City shall compensate Innovations at a rate not to exceed Nine Thousand Dollars ($9,000.00) each quarter during the term of this Agreement, commencing on July 1, 2019. 6. INDEMNIFICATION. Innovations hereby specifically releases and discharges City and shall fully protect, indemnify, keep, save, and hold City harmless from any and all costs, charges, expenses, penalties, and damages imposed for the violation of any law or regulation of the United States, or Commonwealth of Kentucky caused by any act or omission of Innovations, their employees, agents, or contractors. This shall specifically include any cause of action caused by Innovations in which City is suggested to have infringed upon any copyrighted, trademarked, or patented material posted on said web site. 7. DEFAUL . Innovations agrees and understands that if it should fail to perform any services contracted for herein or abide by any condition or covenant herein stipulated or to fail to comply with any and all other provisions of this agreement, then in any of said cases, it shall be lawful for City, at its sole option, to declare Innovations to be in default of this agreement and to immediately terminate this agreement and cease rendering payment. Innovations agrees and understands that this option shall be at City's sole discretion and can be without any further notice to Innovations. Upon such Draft #3 termination, all rights of Innovations shall immediately be forfeited. Innovations hereby understands and agrees that the actions taken by City to terminate this agreement shall not incur any liability to City for damages, economic or otherwise. 8. ENTIRETY. This Agreement contains the entire agreement between the parties hereto, and neither party is bound by any representations or agreements of any kind except as —herein contained. 9. CHOICE OF LAW. This Agreement shall be governed by the laws of the Commonwealth of Kentucky, both as to its interpretation and enforcement. Venue shall be in McCracken County, Kentucky. 10. EFFECTIVE DATE. The effective date of this Agreement shall be the date first written above. INNOVATIONS B G USE: By:.77 Title: Cam- Date: CITY OF PADUCAH: By: Title: Date: Draft #3 215874 EXHIBIT A CITY OF PADUCAH SERVICE AGREEMENT WITH INNOVA I N BRANND.ING HOUSE DATED lM .2019 Below is a non -exhaustive description of scope of work to be completed by Innovations for the City of Paducah. Initial Projects: • "Our Paducah" Branding o Branding, design, photography, video • Strategic Plan Book o Online & printed • Design/Create Website/Landing Page o Develop structure of information, content and graphics • Finalize Key Vision and Performance Area document o Goals, progress, completed projects, timelines • Social Media Plan for the launch of Website o Creation of social media posts • Create launch video o Script for each Key Vision and Performance Area o Determine locations o Storyboard • Integrate new plan with current communication tools of city o Emails, Newsletter, Mayor FB posts, social media, press releases • Employee Launch o Develop materials for employees ■ Reference cards, informational posters with actionable quotes o Letters (email and standard letters) o Meeting with department heads to introduce "Our Paducah" Onaoin2 Proiects: Campaigns o WIN action items are the priority o Determine strategic plan engagement methods • Design o Direct mail, posters, social media, press release, video • Monthly Progress Reports o WIN action item priority o Design one sheet overview to highlight progress made in each performance area for the month. Visual elements to quickly educate. Digital and print for internal and external use • Social Media o Graphics for City of Paducah to use o Templates for strategic vision o Posts that educating public on performance areas and progress o Action item posts — explaining how to get involved • Emails & Newsletter o Monthly email focusing on progress J CITY OF PADUCAH CITY MANAGERS OFFICE CITY HALL, 300 SOUTH 5T" STREET PADUCAH, KY 42001 • (270) 444-8503 11 FWTA RMEN71111l TO: Board of Commissioners FROM: James Arndt, City Manager Michelle Smolen, Assistant City Manager DATE: February 5, 2019 RE: Innovations Branding House Non -Competitive Determination The City of Paducah is proposing to enter into a professional services contract with Innovations Branding House for community engagement with the strategic plan. The contract is for $20,000 in fiscal year 2019 and $36,000 in fiscal year 2020. This contract is for professional services and will be a noncompetitive negotiation purchase pursuant to KRS 45A.380(3). 215862 CITY OF PADUCAH SERVICE AGREEMENT This Agreement is made this _4 day of re --b , 2019, by and between CITY OF PADUCAH of P.O. Box 2267, Paducah, Kentucky 42002-2267, a municipal corporation, (hereinafter referred to as "City") and INTEGRATED VISUALIZATION SYSTEMS, INC. d/b/a INNOVATIONS BRANDING HOUSE of 612 Broadway, Paducah, KY 42001 (hereinafter referred to as "Innovations"). WITNESSETH: WHEREAS, Innovations Branding House is a full service branding provider; and WHEREAS, City wishes to contract with Innovations for services; and WHEREAS, it is the express intent of the parties hereto to enter into a contractual agreement which will set out the terns, conditions, and covenants of the parties' contractual relationship; and NOW, THEREFORE, for and in consideration of the terms, covenants, and conditions herein set forth and contained, Innovations and City agree as follows: 1. SERVICES. Innovations provides and performs services, which includes but is not limited to, business branding, graphic design, logo development, website development, website hosting, social media, video production, photography, tradeshow display creation and 3D illustration. By signing this agreement, City hereby creates an account with Innovations for the purchase of services. Attached to this agreement as Exhibit A is the project proposal describing the scope of work between Innovations and City. All services and work shall be provided and performed in a workmanlike and professional manner and shall be diligently and timely completed. The Initial Projects, listed within Exhibit A, shall be completed by June 30, 2019. Upon completion of the Initial Projects, Quarterly Projects will begin each quarter, beginning July 1, 2019, and be completed within the end of the quarter, with the first Quarterly Project to be completed by September 30, 2019. 2. TERM. The initial term of this Agreement is four (4) months, commencing on the Effective Date of this Agreement. The Effective Date of this Agreement will begin March 1, 2019 and ending on June 30, 2019. Upon the end of the initial four (4) months, the term will be quarter -to -quarter, with the second term, following the initial term, beginning July 1, 2019. Thereafter each term will continue to be quarter -to -quarter. Either City or Innovations shall be permitted to terminate this agreement and end the relationship between City and Innovations by providing thirty (30) days written notice to the other. Draft #3 PAYMENT TERMS AND INVOICING PROCEDURES. (a) A detailed invoice for services rendered shall be sent by Innovations to City for services or projects rendered on at least a monthly basis. Invoices shall clearly display the corresponding Project for which services are rendered, including the quarter for which services are rendered, or for the Initial Project. (b) All invoice amounts are due within thirty (30) days after the date of any invoice. The payments shall be sent to Innovations' address above, or to such other address as Innovations shall designate, from time to time, by written notice. 4. PROPERTY OF CITY. Innovations hereby specifically acknowledges that all drawings, graphics, logos, websites, videos, photos, creative work and online designs created for City, are owned by the City and shall be copyright to the City. 5. COSTS OF SERVICE. (a) As full compensation for the performance of the Initial Project, listed within Exhibit A, City shall be pay to Innovations an amount not to exceed Twenty Thousand Dollars ($20,000.00), which shall be paid within four (4) months from the Effective Date of this Agreement. (b) As compensation for Ongoing Quarterly Projects, listed within Exhibit A, City shall compensate Innovations at a rate not to exceed Nine Thousand Dollars ($9,000.00) each quarter during the term of this Agreement, commencing on July 1, 2019. 6. INDEMNIFICATION. Innovations hereby specifically releases and discharges City and shall fully protect, indemnify, keep, save, and hold City harmless from any and all costs, charges, expenses, penalties, and damages imposed for the violation of any law or regulation of the United States, or Commonwealth of Kentucky caused by any act or omission of Innovations, their employees, agents, or contractors. This shall specifically include any cause of action caused by Innovations in which City is suggested to have infringed upon any copyrighted, trademarked, or patented material posted on said web site. 7. DEFAULT. Innovations agrees and understands that if it should fail to perform any services contracted for herein or abide by any condition or covenant herein stipulated or to fail to comply with any and all other provisions of this agreement, then in any of said cases, it shall be lawful for City, at its sole option, to declare Innovations to be in default of this agreement and to immediately terminate this agreement and cease rendering payment. Innovations agrees and understands that this option shall be at City's sole discretion and can be without any further notice to Innovations. Upon such 2 Draft #3 termination, all rights of Innovations shall immediately be forfeited. Innovations hereby understands and agrees that the actions taken by City to terminate this agreement shall not incur any liability to City for damages, economic or otherwise. 8. ENTIRETY. This Agreement contains the entire agreement between the parties hereto, and neither party is bound by any representations or agreements of any kind except as herein contained. 9. CHOICE OF LAW. This Agreement shall be governed by the laws of the Commonwealth of Kentucky, both as to its interpretation and enforcement. Venue shall be in McCracken County, Kentucky. 10. EFFECTIVE DATE. The effective date of this Agreement shall be the date first written above. INNOVATIONS B G USE: By: li Title: C Date: 2 CITY OF PADUCAH: By: Title: Date: 3 Draft #3 215874 EXHIBIT A CITY OF PADUCAH SERVICE AGREEMENT WITH INNOVATION BRANDING HOUSE DATED _ 2019 Below is a non -exhaustive description of scope of work to be completed by Innovations for the City of Paducah. Initial Projects: • "Our Paducah" Branding o Branding, design, photography, video • Strategic Plan Book o Online & printed • Design/Create Website/Landing Page o Develop structure of information, content and graphics • Finalize Key Vision and Performance Area document o Goals, progress, completed projects, timelines • Social Media Plan for the launch of Website o Creation of social media posts • Create launch video o Script for each Key Vision and Performance Area o Determine locations o Storyboard • Integrate new plan with current communication tools of city o Emails, Newsletter, Mayor FB posts, social media, press releases • Employee Launch o Develop materials for employees ■ Reference cards, informational posters with actionable quotes o Letters (email and standard letters) o Meeting with department heads to introduce "Our Paducah" Ongoing Projects: • Campaigns o WIN action items are the priority o Determine strategic plan engagement methods + Design o Direct mail, posters, social media, press release, video • Monthly Progress Reports o WIN action item priority o Design one sheet overview to highlight progress made in each performance area for the month. Visual elements to quickly educate. Digital and print for internal and external use • Social Media o Graphics for City of Paducah to use o Templates for strategic vision o Posts that educating public on performance areas and progress o Action item posts — explaining how to get involved • Emails & Newsletter 0 Monthly email focusing on progress 2/13/2019 WE'RE LISTENING. Our Paducah is a vision for the community, from the community. After hundreds of surveys, sit-down discussions and phone calls, we're bringing a better home closer to home. AND BY'WE', WE MEAN YOU TOO. Every community needs a vision and this is ours: a community that is connected, safe and unified by our diver- sity; a community that charts its own course; a community that prides itself on the successes of one another. THIS IS OUR PADUCAH. KEY VISIONS OUR CULTURE Bringing the world to Paducah and J Paducah to the world. Arts & Culture To expose our community to creativity of all kinds and celebrate the stories of Paducah, both past and present. Celebrating Diversity To encourage pride in each other and opportunityforall. �O OURGROWTH Building Paducah in our Mmes, businesses and everything In between. Economic Mobility To connect Paducah residents with opportuni- ties to earn more and save for their own future. Infrastructure Maintenance To pave the way for better roads, better energy savings and better operational systems. 11141111 A r lz6tell I A-41 Cal March - June 2099 OURCOMMUNITY Making our neighborhoods safer, cleaner and more connected. Enrichment & Accessibility To develop diverse, connected and distinctly beautiful neighborhoods across our community. Parks & Recreation To bring world-class recreation and leisure to Paducah'sbackyard. Public safety To keep ourstreets safe and our communities accountable. OUR ENGAGEMENT Connecting residents with each other and their representatives. Open is Engaged Government To constantly Improve our administration for the betterment of the community. Involved Citizens To empower citizens to make the changes they want to see In their community. 1 Strategic Plan Information Touchpoints 2 Employee Launch 3 Launch Campaign 2/13/2019 nnovadon5 branding house 4 Integration into Current Communication Tools nnovaton5 branding house Pi 2/13/2019 INFORMATION TOUCHPOINTS KEYVISIONS OUR CULTURE I 111 OUR COMMUNITY — Bringing the world to Paducah and Making our neighborhoods safer, Paducah to the world. cleaner and more connected. Arts i Culture Enrichment a Accessibility To expose our community to creativity of all To develop diverse, connected and distinctly kinds and celebrate the stories of Paducah, beautiful neighborhoods across our community. both past and present Parks a Recreation Catebrating Diversity To bring world-class recreation and leisure to To encourage pride in each other and Paducah's backyard. opportunity for all. safety owl TPublico To keep our streets safe and ourcommunides ' 11 fI�JYGI(� 1' nnovations accountable. branding house Email Message Example: "in a short few days, each office in the City will be given material to get them started - these materials are straightforward, easy -to -read and make sense. These will introduce you to the future of our city, but that's just the start. Read the plan, see how else you can get involved and most importantly, let your voice be heard. " Vy :•9V,f OUR PADUCAH 006,19 Every community needs a vision and this is ours: a community that is connected, safe and unified by our diversity; a community that charts its own course; a community that prides itself on the successes of one another. This is Our Paducah, Join us in seeing the vision and making it a reality. To find out how, visit ourpaducah.com nding house 3 Introduction Video 2/13/2019 Templates + Strategic Integration City of Paducah 0 ( Follow @PaducahCity After two weeks of training and a half dozen meetings, The Pines Subdivision Is ready for their first Neighborhood Watch meetingl If you would like to see more #OurPaducah programs like this in your neighborhood, reach out to us at: httpsl/bit.ty/2NsertD #OurPaducahCommunity OUR COMMUNITY Making our neighborhoods safer, cleaner and more connected. 7:49 AM - 8 Oct 2018 Q t7 d 0 nnovations branding house ONGOING PROJECTS July - September 2019 - Ongoing Quarterly WIN Action Items Strategic Communication Plan • Direct Mail • Emails • Posters • Video • Social Media • Press Releases nnovations branding house n 2/13/2019 111• .I•� branding house I u M O a cn O H O U J Cv� C3' Px-r f Ilk Q � O L z v t Commissioner's Roll Call Date r� ,%Q Ia.m. p.m. 520 oOai A IQLA Meeting a Motion of: 0.1. Q ,�� j , ate' � �• ; '� : U� Secondedby: UV t' c(:�m Minutes taken by City Clerk COMMISSIONERSPRESENT YEA �T V NA. MEETING CALLED TO ORDER ABRAHAM McELROY WATKINS WILSON MAYOR HARLESS Minutes taken by City Clerk