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Home My WebLink AboutAgenda Packet 10-11-2022ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION 75th Anniversary of Rosary Chapel Catholic Church - Father Udoh PROCLAMATION Tree Week October 8-16, 2022 - Dr. Anton Reece, WKCTC President PROCLAMATION Residents' Rights Month - Krista Curlin, Director of Marketing & Rehabilitation at River Haven Nursing & Rehabilitation POLICE DEPARTMENT SWEARING-IN CEREMONY Police Officers Bryce Mansfield, Steven Leady, Tyree Owens, Brooke Adams - District Judge Todd Jones PRESENTATION Health Insurance Update - DJ Story, Peel & Holland ADDITIONS/DELETIONS MAYOR'S REMARKS 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. CITY COMMISSION MEETING CONSENT AGENDA AGENDA FOR OCTOBER 11, 2022 5:00 PM Approve Minutes for September 27, 2022 CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Receive & File Documents 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 PLEDGE OF ALLEGIANCE PROCLAMATION 75th Anniversary of Rosary Chapel Catholic Church - Father Udoh PROCLAMATION Tree Week October 8-16, 2022 - Dr. Anton Reece, WKCTC President PROCLAMATION Residents' Rights Month - Krista Curlin, Director of Marketing & Rehabilitation at River Haven Nursing & Rehabilitation POLICE DEPARTMENT SWEARING-IN CEREMONY Police Officers Bryce Mansfield, Steven Leady, Tyree Owens, Brooke Adams - District Judge Todd Jones PRESENTATION Health Insurance Update - DJ Story, Peel & Holland ADDITIONS/DELETIONS MAYOR'S REMARKS 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 September 27, 2022 B. Receive & File Documents C. Personnel Actions D. Approve the Grant In Aid Contract between the City of Paducah and the Luther F. Carson Four Rivers Center in the amount of $45,000 - H REASONS E. Approve the application for a GameTime playground equipment grant in the amount of $45,000 - A. CLARK F. Authorize the Acceptance of a Bulletproof Vest Grant in the amount of $6,804 - B. LAIRD G. Use of spending credits for eligible employees pursuant to the City' s group health insurance plan for the 2023 plan year - S. WILCOX H. Wellness Services Agreement with Healthworks Corporate Wellness and Health Services to administer the 2023 Wellness Plan - S. WILCOX L Approve Strategic Health Risk Advisor & Strategic Benefit Placement Services with Peel & Holland - S. WILCOX J. Administrative Services Agreement with Anthem Blue Cross Blue Shield - PEEL & HOLLAND K. Health, Vision and Dental Benefit Plan Premiums for 2023 - PEEL & HOLLAND L. Stop Loss Insurance with Voya Financial Advisors, Inc.- PEEL & HOLLAND M. Approve the renewal of Group Life Insurance with Mutual of Omaha effective January 1, 2023 - PEEL & HOLLAND IL MUNICIPAL ORDER(S) A. Approve the City Manager and Parks & Recreation Director as the City of Paducah's appointments to the Project Working Group for the Athletic Complex Project - D. JORDAN B. Authorize the City Manager to issue a Request for Proposals for Telecommunications Franchises - M. SMOLEN C. Authorize the City Manager to issue a Request for Proposals for the Development of 318 Broadway Street - Kresge Site - D. JORDAN & N. HUTCHISON III. ORDINANCE(S) - ADOPTION A. Approve the closing of a 20' wide, 192' long alley west of Cruse Avenue between North 32nd Street and Marianne Drive - R. MURPHY IV. ORDINANCE(S) - INTRODUCTION A. Zoning Text Amendments - J. SOMMER V. DISCUSSION A. I Refuse Collection Discussion VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION B. Discussion on Code of Ordinances Section 2-145 - Public Comments at Commission Meetings VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION September 27, 2022 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, September 27, 2022, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). INVOCATION Commissioner Guess led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PRESENTATIONS Robert Cherry Civic Center Update Communications Manager Pam Spencer provided the following summary: The agenda item to discuss the design documents, bid process, and construction timeline for the renovation of the Robert Cherry Civic Center took a different turn following this morning's crash that resulted in damage to the facility located at 2701 Park Avenue. A semi -truck heading north on H.C. Mathis Drive ran the red light adjacent to the building, crashed into a truck, and then into another car before hitting the east side of the building. City Manager Daron Jordan said the renovation project is paused until the total damage to the structure can be determined. MAYOR'S REMARKS The City of Paducah has been awarded the Kentucky League of Cities "City Government of the Year" award for Commission Priority related to Southside Enhancements, the Southside Rise and Shine project, and the Southside Steering Committee implementation. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Ap rove Minutes for September 7 & 13, 2022 I B Receive and File Documents I(C) Personnel Actions I(D) A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND THE GRANT ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY MO#2641, BK 12 I(E) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH THE HENDRON FIRE DEPARTMENT, TO PROVIDE FLEET MAINTENANCE SERVICES AT September 27, 2022 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS AUTHORIZE ACCEPTANCE OF A FEMA PORT SECURITY GRANT IN THE AMOUNT OF $34,577 Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A FY2022 PORT SECURITY GRANT IN THE AMOUNT OF $34,577 FOR THE PADUCAH POLICE DEPARTMENT TO UPDATE AND REPLACE RIVERFRONT CAMERAS." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO#2646, BK 12) ORDINANCE ADOPTION SETTING TAX LEVIES: AD VALOREM PROPERTIES — FY 2023 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME MO#2642, BK 12 I(F) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH THE WEST McCRACKEN FIRE DISTRICT, TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME MO#2643, BK 12 I(G) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A MATCHING GRANT IN THE AMOUNT OF $3,000 FROM THE KENTUCKY LEAGUE OF CITIES LIABILITY GRANT PROGRAM TOWARD THE COST OF THE VECTOR SOLUTIONS LMS TRAINING SITE, WHICH WILL BE USED IN PART FOR DEFENSIVE DRIVER TRAINING, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO#2644, BK 12 I(H) A MUNICIPAL ORDER ACCEPTING THE BID OF C.I.R.CO. IN AN AMOUNT OF $53,890 FOR RENOVATIONS TO THE HOTEL METROPOLITAN PURPLE ROOM AND AUTHORIZING THE MAYOR TO EXECUTE ALL AGREEMENTS AND DOCUMENTS RELATED TO SAME MO#2645, BK 12 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS AUTHORIZE ACCEPTANCE OF A FEMA PORT SECURITY GRANT IN THE AMOUNT OF $34,577 Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A FY2022 PORT SECURITY GRANT IN THE AMOUNT OF $34,577 FOR THE PADUCAH POLICE DEPARTMENT TO UPDATE AND REPLACE RIVERFRONT CAMERAS." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO#2646, BK 12) ORDINANCE ADOPTION SETTING TAX LEVIES: AD VALOREM PROPERTIES — FY 2023 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES September 27, 2022 FOR THE PERIOD FROM JULY 1, 2022 THROUGH JUNE 30, 2023, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED." PURPOSE RATE PER $100 GENERAL FUND OF THE CITY: Real Property $0.265 Personal Property (except inventory) $0.390 Motor Vehicles and watercraft $0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate $0.015 Personal Property (except inventory) $0.015 Motor Vehicles and watercraft $0.031 The City of Paducah shall collect the following taxes for the Board of Education: PADUCAH INDEPENDENT SCHOOL DISTRICT Real Property Personal Property (including inventory) $0.846 $0.864 Property taxes levied herein shall be due and payable in the following manner: (1) In the case of tax bills which reflect an amount due of less than One Thousand Five Hundred Dollars ($1,500.00), the payment shall be due on November 1, 2022, and shall be payable without penalty and interest until November 30, 2022. (2) In the case of all other tax bills, payment shall be in accordance with the following provisions: (a) The first half payment shall be due on November 1, 2022, and shall be payable without penalty and interest until November 30, 2022. (b) The second half payment shall be due on February 1, 2023, and shall be payable without penalty and interest until February 28, 2023. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2022-09-8749, BK 36) ORDINANCE INTRODUCTION APPROVE CLOSING OF A 20' WIDE, 192' LONG ALLEY WEST OF CRUSE AVENUE BETWEEN NORTH 32ND STREET AND MARIANNE DRIVE Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A 20' WIDE, 192' LONG ALLEY WEST OF CRUSE AVENUE BETWEEN NORTH 32NDSTREET AND MARIANNE DRIVE; AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: That the City of September 27, 2022 Paducah does hereby authorize the closing of a 20' wide, 192' long alley west of Cruse Avenue between North 32nd Street and Marianne Drive; and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City of Paducah to the property owner in or abutting the public way to be closed. COMMENTS City Manager: • Structural issues have been discovered at the Art Park in Market House Square. An engineering firm has been contacted to determine the cause and extent of the damage and that area has been cordoned off to prevent injuries. • Congratulations to Jonathan Perkins and the Finance Team on receiving its 31St consecutive GFOA Award. • Thanked the City Team who worked to help make BBQ on the River a success. Beautiful Paducah did a great job as the first-time sponsor of that event. ADJOURN Commissioner Henderson offered motion, seconded by Commissioner Gault, that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). TIME ADJOURNED: 5:29 p.m. ADOPTED: October 11, 2022. George P. Bray, Mayor ATTEST: Lindsay Parish, City Clerk October 11, 2022 RECEIVE AND FILE DOCUMENTS: Contract File 1. Interlocal Cooperation Agreement For the Development and Operation of the Paducah - McCracken County Athletic Complex — ORD 2022-09-8747 2. U.S. Department of Transportation — Grant Agreement BUILD Grant — MO 92632 3. City of Paducah Fleet Maintenance — Hendron Fire Department — MO 92642 4. City of Paducah Fleet Maintenance — West McCracken Fire District — MO 92643 Rids File 1. C.LR.Co. - Hotel Metropolitan Purple Room Project MO 92645 CITY OF PADUCAH October 11, 2022 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. MCckeLLe swtoLev. City Manager's Office Signature 10/5/2022 Date POLICE Prusaczyk, Andrew D. PARKS & RECREATION Hooks, Kristina M. Watson. Alison E911 Fauver, Coby PARKS & RECREATION Hardie, Nathan Herndon, Emelyn M. Weems, James PARKS & RECREATION Baskin, Arthur L. POLICE Wentworth, JonMichael PUBLIC WORKS Branham, Ronnie D. CITY OF PADUCAH PERSONNEL ACTIONS October 11, 2022 NEW HIRES - FULL-TIME (Flr POSITION RATE OF PAY Recruit Officer / Patrolman $24.87/hr NEW HIRES - PART-TIME (PIT) POSITION RATE OF PAY Park Ranger $14.00/hr Recreation Leader - Class Instructor $17.00/hr PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/rEMPORARY ASSIGNMENTS (FULL-TIME) PREVIOUS POSITION CURRENT POSITION AND BASE RATE OF PAY AND BASE RATE OF PAY Telecom municator Telecom municator $18.01/hr $18.46/hr AND BASE RATE OF PAY AND BASE RATE OF PAY Recreation Specialist Recreation Specialist $20.18/hr $20.58/hr Senior Recreation Specialist Senior Recreation Specialist $21.61/hr $22.15/hr Recreation Specialist Recreation Specialist $20.72/hr $21.13/hr TERMINATIONS - PART-TIME (PIT) POSITION REASON Park Ranger Termination TERMINATIONS - FULL-TIME (FIT) POSITION REASON Patrolman Resignation POSITION REASON Truck Driver Resignation NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex December 29, 2022 NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex October 8, 2022 NCS Non -Ex September 12, 2022 NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex October 6, 2022 NCS/CS FLSA EFFECTIVE DATE NCS Ex October 6, 2022 NCS Ex October 6, 2022 NCS Ex October 6, 2022 EFFECTIVE DATE September 27, 2022 EFFECTIVE DATE October 10, 2022 EFFECTIVE DATE September 28, 2022 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve the Grant In Aid Contract between the City of Paducah and the Luther F. Carson Four Rivers Center in the amount of $45,000 - H REASONS Category: Municipal Order Staff Work By: Hope Reasons Presentation By: Hope Reasons Background Information: The Luther F. Carson Four Rivers Center submitted a 2022-23 Grant In Aid application and was awarded $45,000 by the Grant In Aid Review Committee. The Carson Center will use this funding to provide high-quality performances and events with greater access to low ticket prices in our Class Acts Education Series, Art for All Series, First Stages performances and activities on the Carson Center lawn and elsewhere in the facility. In FY 2022, their Access Arts scholarship program provided low income, diverse, and underserved populations with free tickets to performances. They provided 655 free tickets to patrons through this program for which city funding was utilized along with private donations. Their activities also provided approximately $5.9 Million in economic impact for Paducah and the region; and supported an estimated 109 Full -Time Equivalent jobs. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: FRC Account Number: 24000401-580610 Staff Recommendation: Authorize the Mayor to sign the contract between the City of Paducah and the Luther F. Carson Four Rivers Center in the amount of $45,000. Attachments: 1. MO contract for services — Carson Center FY2023 2. Contract - Carson Center FY2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. IN THE AMOUNT OF $45,000 FOR SPECIFIC SERVICES BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with the Luther F. Carson Four Rivers Center Inc. in the amount of $45,000, to be paid by November 1, 2022. This contract shall expire June 30, 2023. This funding will assist in providing high-quality performances and events with greater access to low ticket prices in our Class Acts Education Series, Art for All Series, First Stages performances and activities on the Carson Center lawn and elsewhere at in facility. SECTION 2. This expenditure shall be charged to the Investment Fund, Account No. 24000401-580610. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. GEORGE BRAY, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \mo\contract for services — Carson Center FY2023 CONTRACT FOR SERVICES This Contract for Services, effective this 27th day of September, 2022, by and between the CITY OF PADUCAH ("City") and LUTHER F. CARSON FOUR RIVERS CENTER, INC. WITNESSETH: WHEREAS, Luther F. Carson Four Rivers Center, Inc. will bring quality entertainment and cultural enrichment to Paducah and McCracken County; and WHEREAS, promoting cultural enrichment quality entertainment and providing community - enhancing activities, in the Paducah area serves a valid public purpose; and WHEREAS, the City of Paducah desires to contract with Luther F. Carson Four Rivers Center, Inc. for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2023. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing a youth performance schedule and to carry out the objectives of Luther F. Carson Four Rivers Center, Inc., upon receipt of an invoice, the City shall pay Luther F. Carson Four Rivers Center, Inc. the sum of Forty -Five Thousand and no/100 ($45,000) Dollars, due and payable by November 1, 2022. SECTION 4: CHECK PRESENTATION — The City of Paducah and the Luther F. Carson Four Rivers Center, Inc., will coordinate a check presentation celebrating this monetary assistance at a mutually convenient time and place. SECTION 5: OBJECTIVES AND SERVICES - This funding will assist in providing high- quality performances and events with greater access to low ticket prices in our Class Acts Education Series, Art for All Series, First Stages performances and activities on the Carson Center lawn and elsewhere at in facility. By June 30, 2023, the Carson Center will: • Increase new participation of Paducah residents by 10% over Fiscal Year 2022. • Increase Diversity among audiences and artists over FY22 by 50%. • Increase engagement and participation with Paducah Public Schools by an increase of 20% in FY23. SECTION 6: ACCOUNTING (A) Luther F. Carson Four Rivers Center, Inc. shall conduct all accounting, payroll, and financial management. (B) Luther F. Carson Four Rivers Center, Inc. shall supply an annual financial audit to the City within two (2) weeks of receiving same. (C) Prior to June 30, 2023, Luther F. Carson Four Rivers Center, Inc., shall furnish to the City a financial report that details the expenditure of the funds for the purposes specified in Section 5. SECTION 7: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 8: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to Luther F. Carson Four Rivers Center, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH GEORGE BRAY, Mayor LUTHER F. CARSON FOUR RIVERS CENTER, INC. Name J4409.27.22 Title EXECUTIVE DIRECTOR Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve the application for a GameTime playground equipment grant in the amount of $45,000 - A. CLARK Category: Municipal Order Staff Work By: Arnie Clark, Hope Reasons Presentation By: Amie Clark Background Information: GameTime is accepting proposals for up to 100% matching funds on their playground systems. Any parks department, school, nonprofit, or other youth organization is eligible for playground equipment funding from GameTime. The Parks and Recreation Department is requesting $45,000 in grant funds for new playground equipment at Coleman Park. The Department will match the grant with an additional $45,000 for a playground purchase cost of $90,000. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Southside Neighborhoods Communications Plan: Funds Available: Account Name: ARPA Funding Account Number: MR0093 Staff Recommendation: Approve the application for the GameTime playground grant and authorize the Mayor to sign all documents related to the application. Attachments: 1. MO app GameTime Grant — Coleman Park Playground 2022 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A MATCHING GRANT IN THE AMOUNT OF $45,000 FROM GAMETIME FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AT COLEMAN PARK BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to apply for a matching grant in the amount of $45,000 from GameTime for the purchase of playground equipment at Coleman Park. Matching funds will be provided by ARPA funding through Account number MR0093. SECTION 2. This order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \mo\grants\app GameTime Grant— Coleman Park Playground 2022 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Authorize the Acceptance of a Bulletproof Vest Grant in the amount of $6,804 - B. LAIRD Category: Municipal Order Staff Work By: Joseph Hayes, Hope Reasons Presentation By: Brian Laird Background Information: The U.S. Department of Justice (DOJ) Bulletproof Vest Partnership (BVP) Grant Program, an online application, provides a maximum 50 -percent reimbursement for the purchase of body armor for police. The National Institute of Justice, the research, development and evaluation agency of the United States Department of Justice, sets the only nationally accepted standards for body armor worn by law enforcement officers. NIJ recognizes an industry standard of a five-year life span on body armor. The Department of Justice BVP also recognizes a five-year life span on body armor. In light of these industry standards and endorsements by the preeminent law enforcement agencies, the Paducah Police Department follows a five-year replacement plan for body armor worn by law enforcement officers. MO2569 gave the approval to apply for this grant. The award is $6,804 and will be matched by the Police Department with $6,804. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: 1000162-535130 Staff Recommendation: Authorize the acceptance of the Bulletproof Vest grant and the Mayor to sign all documentation to execute the award. Attachments: 1. MO Accept - bulletproof vest 2022 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A 2022 BULLETPROOF VEST GRANT THROUGH THE U. S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $6,804 FOR BODY ARMOR FOR THE PADUCAH POLICE DEPARTMENT WHEREAS, on May 10, 2022, the Board of Commissioners approved Municipal Order No. 2569, which authorized the submission of a 2022 Bulletproof Vest Partnership Grant in the amount of $6,804; and WHEREAS, the City has been notified of a total award of $6,804 and now wishes to accept all awarded grant funds. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $6,804 through the U. S. Department of Justice for a 2022 Bulletproof Vest Grant for the Paducah Police Department to purchase body armor. SECTION 2. That the Mayor is hereby authorized to execute the grant agreement and all documents related to same, as authorized in Section 1, above. SECTION 3. A local match of 50% is required. The local match of $6,804 will be met by Paducah Police Department budget account number 1000162-535130. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \mo\grants\accept — bulletproof vest 2022 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Use of spending credits for eligible employees pursuant to the City' s group health insurance plan for the 2023 plan year - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The City makes financial contributions to subsidize the cost of the premium charges in the approved health and wellness plan. Allocation of spending credits towards the purchase of certain benefits such as health, dental or vision pursuant to the City's group health insurance plan shall be $8,724 per employee. For those employees who opt out of the City's group health insurance, who were hired prior to January 1, 2014, and can show proof of coverage under another sponsored group health insurance plan are recommended to receive an employer contribution of $2,850. New participants to the waiver credit, with a hire date after January 1, 2014 are subject to a $500 maximum employer contribution. In addition, any employee should be able to increase their allotment, at the minimum, by participating in the wellness program. This can be achieve through biometric readings ($1,000), not using nicotine ($250), getting a physical and turning in lab work ($250) and participating in six free events ($750) such as walking a 5k. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the use of spending credits for eligible employees pursuant to the City's group health insurance plan for the 2023 plan year. Attachments: 1. MO - ins policy spending credits 2023 2. City of Paducah Wellness Program 2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER ESTABLISHING POLICY FOR USE OF SPENDING CREDITS TOWARD THE PURCHASE OF CERTAIN BENEFITS SUCH AS HEALTH, DENTAL OR VISION PURSUANT TO THE CITY'S GROUP HEALTH INSURANCE PLAN FOR THE 2023 PLAN YEAR BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. To be eligible for the benefits provided in Section 2, employees must timely enroll in that portion of the City's group health insurance plan referred to as medical and prescription drug coverage. The City shares the cost of medical, prescription drug, dental and vision coverage with the City employees by contributing $8,724 per employee ("base credit") to be used under the Plan and other applicable credits which may be earned pursuant to the applicable City policy. In addition, any employee should be able to increase their allotment, at the minimum, by participating in the wellness program. This can be achieved through biometric readings ($1,000), not using nicotine ($250), getting a physical and turning in lab work ($250) and participating in six free events ($750) such as walking a 5k. Section 2. All eligible employees who timely apply for coverage under the City's group health insurance plan (medical and prescription drug coverage) shall be permitted to redirect any unspent employer contribution toward the applicable pre-tax vehicle (HSA, FSA, HRA) subject to all applicable federal and state laws and regulations and as may be amended from time to time by order of the Board of Commissioners. Any changes requested by the employee due to change in family status shall be considered on a pro -rata basis from the effective date of timely enrollment pursuant to the plan documents of any affected benefit plan. Section 3. A. Employees who opt out of the City's group health insurance, who were hired prior to January 1, 2014, and can show proof of coverage under another sponsored group health insurance plan shall receive an employer contribution of $2,850. New participants to the waiver credit, with a hire date after January 1, 2014 are subject to a $500 maximum employer contribution which can be applied to an HRA, deposited on an as accrued basis, as established by the City and which can be amended from time to time by order of the Board of Commissioners. In the event the City in its sole discretion does not accept the creditability of the spouse's employer-sponsored group health insurance plan, other group sponsored health insurance plan, or non -group sponsored health insurance plan, and the employee chooses to remain covered under such group health insurance plan, then such employee shall be governed under the procedures established in Section 4. B. All eligible employees who opt out of the City's group health insurance plan to enroll in a health insurance plan that is not under a spouse's employer-sponsored group health insurance or other group sponsored health insurance plan shall not be permitted to participate in an employer contribution of any unspent health insurance credits. Section 4. All eligible employees who opt out of the City's group health insurance plan (medical and prescription drug coverage) for any reason other than those stated in Section 3 above, shall not be entitled to an employer contribution of unspent credits. Section 5. All eligible employees and their spouse may receive the maximum wellness credit that can be earned and that is $2,250 for an employee and $1,000 for a spouse. Section 6. For all employees who subsequently become eligible for coverage under the City's group health insurance plan because of initial employment or a qualifying event (i.e., change in family status), and is timely enrolled under the Plan or opts out of the Plan, shall be governed under the same procedures described in Sections 1-4 above, except any benefits shall be applied on a pro -rata basis. Section 7. Except as provided under the applicable plan document covering any benefit plan, or HIPAA's special enrollment rights or the United States Internal Revenue Code, or any other applicable federal or state law or regulation, or any participant in the City's group health plan as described in Section 2 or any employee who has opted out of the plan as described in Sections 3 or 4 above, shall be precluded from making any changes to pre-tax elections (HSA, FSA, HRA) once the plan year starts except as otherwise permitted by this Municipal Order. Section 8. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \no\ins policy spending credits 2023 fr77%CITY OF PADUCAH 8S WELLNESS PROGRAM October 1, 2022 -September 30, 2023 WELLNESS IS MORE THAN NUTRITION & EXERCISE The foundation of this wellness program is based upon education, preventative care, physical biometrics, a health risk assessment, and healthy habit development through wellness challenges. This is YOUR program. Engage in activities that are meaningful to you so you can achieve wellness with purpose. HOW IT WORKS REQUIRED ELEMENTS This program consists of a combination of an annual physical with a biometric screening, a health risk assessment, and several different types of approved g;;; activities to complete. If eligible, you may alsoV participate in the Healthworks Program if you are a plan member with a diagnosis of hypertension, erli Idemla. ANNUAL BIOMETRIC HEALTH RISK diabetes, and/or h Yp p PHYSICAL SCREENING ASSESSMENT EARN REWARDS! You'll be rewarded for your hard work towardsa healthier lifestyle. Track your progress and earn dollars for completing activities. INCENTIVE Rewarded in 2024 and will be applied toward your premium or spending / reimbursement account Ranges from $250 - $3,250 depending on your participation level In order to receive ANY incentive, you must complete the required elements of the program. If it is unreasonably difficult due to a medical condition foryou to achieve the standards for the reward under this program, contact HR and they will work with you to develop another way for you to qualify for the reward. 0CITY OF PADUCAH WELLNESS PROGRAM October 1, 2022 -September 30, 2023 REQUIRED ELEMENTS COMPLETE BETWEEN 10/1/2022 - 9/30/2023 1 EMPLOYEES & SPOUSES ARE ELIGIBLE ANNUAL PHYSICAL HEALTH RISK ASSESSMENT Your annual physical is covered An HRA is a brief survey containing questions 100% under your health plan. Annual about a broad variety of health habits and physicals are important opportunities risks. The survey is administered online. for healthcare professionals to observe Your individual responses are never shared trends and changes that occur with with your employer and all data is reported your physical health overtime. as an aggregate report. Information at the group -level is used solely to develop future programming and benefits. BIOMETRIC SCREENING �O Good health is built upon a foundation of knowledge. One of the most important things you can do for your health is to "knowyour numbers." You will earn incentives for maintaining your levels within the stated ranges, or by improving your previous levels by 5%. Your individual lab results will never be shared with your employer or anyone representing your employer. INCENTIVES EMPLOYEE SPOUSE Completion of Annual Physical + Biometric Screening $250 $200 BMI <_ 2S or Total Percent Body Fat: Men <_ 17% 1 Women <_ 24% $200 $100 Blood Pressure <_ 120/80 $200 $100 Blood Sugar <_ 106 $200 $100 Total Cholesterol <_ 200 $200 $100 HDL: Men >_ 3S I Women >_ 4S $200 $100 LDL <_ 100 $200 $100 Triglycerides <_ 200 $200 $100 TOTAL POSSIBLE BIOMETRIC DOLLARS $1,250* $700* *NOTE: These biometric standards are based off advice and recommendations provided to your wellness provider. These area guidelines. Please consult your doctor to determine the best standards for your health. Just for completing the screening and physical you earn $250 ($200 for spouses). You can earn $200 per biometric ($100 for spouses) within range, or if you improve by 5%, up to 5 biometric markers. 0CITY OF PADUCAH WELLNESS PROGRAM October 1, 2022 -September 30, 2023 s� TO BACCO / N I COTI N E STATU S COMPLETE BETWEEN 10/1/2022 - 9/30/2023 I EMPLOYEES ONLY If you area TOBACCO/NICOTINE USER, please complete the Tobacco/ Nicotine User. If you are TOBACCO/NICOTINE FREE, please complete the Tobacco/ Nicotine Free challenge. To be considered tobacco/nicotine free, you must meet the tobacco/nicotine free guidelines: You must be tobacco/nicotine free for 6 months prior to becoming insured or open enrollment. City of Paducah reserves the right to randomly test, based on evidence of tobacco/nicotine use, or on challenge by another member. If a person is found to have obtained the credit and uses tobacco/nicotine, then they forfeit the credit and will be charged back. Tobacco/Nicotine products include cigarette, cigars, chewing tobacco, nicotine patch, nicotine gum, nicotine lozenges and electronic cigarettes. TOBACCO/NICOTINE USER = EARN $0 TOBACCO/NICOTINE FREE = EARN $250 HEALTHWORKS PROGRAM INVITED PLAN MEMBERS ONLY Plan members with a diagnosis of hypertension, diabetes, and/or hyperlipidemia are invited to participate in the Healthworks program. As part of this program, you will meet with a licensed clinician to determine your care plan and schedule visits accordingly. You must be enrolled and compliant in your care plan in order to receive the incentives listed below. Completion of this program has the opportunity to replace as many as 4 approved activities for a max of $500 (employee) or $200 (spouse). You then have the opportunity to complete 2 additional approved activities, outside of the Healthworks program, (each worth $125 for employees and $50 for spouses) to earn the full incentive for a total of 6 approved activities. Maximum credit for the Healthworks program may be limited bythe program enrollment date as well as completion of the protocol as directed by the clinician. You will receive credit quarterly if you are enrolledthat quarter and are compliant. Credit missed can be made up by completing additional approved activities to earn the maximum allowed incentive. Your information is confidential and will never be shared with your employer or anyone representing your employer. INCENTIVES MUST COMPLETE THE PROGRAM REQUIREMENT TO EARN THE INCENTIVE EMPLOYEE SPOUSE Enroll before December 31, 2022 $500 $200 Enroll before March 31, 2023 $375 $150 Enroll before June 30, 2023 $250 $100 Enroll before September 30, 2023 $125 $50 61 0CITY OF PADUCAH WELLNESS PROGRAM October 1, 2022 -September 30, 2023 APPROVED ACTIVITIES COMPLETE UP TO 6 APPROVED ACTIVITIES I EMPLOYEES & SPOUSES ARE ELIGIBLE You have a variety of activities to choose from, each activity is designed to educate and encourage you to make healthy lifestyle choices. Complete up to six approved activities during the 2022-2023 program in order to receive the incentive. Log in to your online wellness account to see approved activities available and complete an approved activity challenge. Other approved activities may be added throughout the program year. CITY APPROVED SK WALK/RUN EVENT COMMUNITY ENGAGEMENT VOLUNTEER, ETC. I UP TO 2 Oo 0U STEPS CHALLENGE MARCH & SEPTEMBER EDUCATION SESSIONS ONLINE I 1 PER QUARTER r d PREVENTATIVE EXAMS VISION, DENTAL, ETC. I UP TO 3 1 FINANCIAL PROGRAM COMPLETED ONLINE INCENTIVES ACTIVITIES COMPLETED EMPLOYEE SPOUSE 1 COMPLETED $125 $550 2 COMPLETED $2550 $100 3 COMPLETED $375 $150 4 COMPLETED $500 $200 S COMPLETED $625 $250 6 COMPLETED $750 $300 0CITY OF PADUCAH WELLNESS PROGRAM October 1, 2022 -September 30, 2023 I NCENTIVF V OPKSH EET TOTAL POSSIBLE INCENTIVE EARNED TOWARD 2023 PREMIUM EMPLOYEE MAX INCENTIVE:$2,250 ANNUAL PHYSICAL + BIOMETRIC SCREENING BIOMETRIC RESULTS $200 EACH, UP TO 5 BMI <_ 25 Blood Pressure <_ 120/80 Blood Sugar <_ 106 Total Cholesterol <_ 200 H DL: Men >_ 351 Women >_ 45 LDL _< 100 Triglycerides <_ 200 ❑ COMPLETED: $250 ❑ NOT COMPLETED: $0 ❑ 1 RESULT IN RANGE ($200) ❑ 2 RESULTS IN RANGE ($400) ❑ 3 RESULTS IN RANGE ($600) ❑ 4 RESULTS IN RANGE ($800) ❑ 5 RESULTS IN RANGE ($1,000) NICOTINE STATUS ❑ NICOTINE USER: $0 ❑ NON -NICOTINE USER: $250 APPROVED ACTIVITIES ❑ 1: $125 ❑ 2: $250 ❑ 3: $375 ❑ 4: $500 ❑ 5: $625 ❑ 6: $750 HEALTHWORKS PROGRAM *IF INVITED ENROLLED BY: ❑ 12/31/21:$500 ❑ 3/31/22: $375 ❑ 6/30/22:$250 ❑ 9/30/22: $125 ADDITIONAL APPROVED ACTIVITIES: ❑ 1: $125 ❑ 2: $250 ❑ 3: $375 ❑ 4: $500 ❑ 5: $625 TOTAL AMOUNT (MAX $750): TOTAL TOWARD 2023 PREMIUM: SPOUSE MAX INCENTIVE: $1,000 ANNUAL PHYSICAL + BIOMETRIC SCREENING BIOMETRIC RESULTS $100 EACH, UP TO S BMI <_ 25 Blood Pressure <_ 120/80 Blood Sugar <_ 106 Total Cholesterol <_ 200 H DL: Men >_ 351 Women >_ 45 LDL <_ 100 Triglycerides <_ 200 ❑ COMPLETED: $200 ❑ NOT COMPLETED: $0 ❑ 1 RESULT IN RANGE ($100) ❑ 2 RESULTS IN RANGE ($200) ❑ 3 RESULTS IN RANGE ($300) ❑ 4 RESULTS IN RANGE ($400) ❑ 5 RESULTS IN RANGE ($500) APPROVED ACTIVITIES ❑ 1: $50 ❑ 2: $100 ❑ 3:$150 ❑ 4:$200 ❑ 5: $250 ❑ 6:$300 HEALTHWORKS PROGRAM *IF INVITED ENROLLED BY: ❑ 12/31/21: $200 ❑ 3/31/22:$150 ❑ 6/30/22:$100 ❑ 9/30/22: $50 ADDITIONAL APPROVED ACTIVITIES: ❑ 1: $50 ❑ 2: $100 ❑ 3: $150 ❑ 4: $200 ❑ 5: $250 TOTAL AMOUNT (MAX $300): TOTAL TOWARD 2023 PREMIUM: Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Wellness Services Agreement with Healthworks Corporate Wellness and Health Services to administer the 2023 Wellness Plan - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The City would like to partner with HealthWorks Corporate Wellness and Health Services to administer the City Wellness Plan. The Wellness Plan would remain unchanged as far as how employees earn credit towards premium reduction. What would change is the format in which the data is compiled. There will be a new enhanced website and app that allows for more individualized wellness care. They will offer one-on-one coaching, a wellness fair with biometric screenings on-site, teleheath services, as well as many other wellness activities tailored to our needs. The cost of the tier three program will be $30 per participant per month, but with the enhanced program offerings, some of the health plan expenses would be offset by this program. Our goal with wellness is to get employees actively involved with their health, know their numbers, and the potential offset for future catastrophic events. Specific program details are attached. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute the Wellness Agreement with HealthWorks Medical. Attachments: 1. MO contract- Healthworks Corporate Wellness and Health Services 2023 2. HEALTHWORKS AGREEMENT (00272083) - Final 3. HealthWorks-MuuvWell-CutSheet-8.5x11-FINAL MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A WELLNESS SERVICES AGREEMENT WITH HEALTHWORKS WELLNESS AND HEALTH SERVICES TO ADMINISTER THE 2023 CITY WELLNESS PLAN WHEREAS, the City of Paducah desires to enter into an agreement with Healthworks Corporate Wellness and Health Services to offer the opportunity for employees to actively participate in their health and wellness plan. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the Mayor to a execute a Wellness Services Agreement with Healthworks Wellness and Health Services. The cost of the tier three program will be $30 per participant per month. SECTION 2. This expenditure will be charged to various accounts. SECTION 3. Said contract authorized in Section 1 above will be for the 2023 calendar year. SECTION 4. This order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 mo\contract- Healthworks Corporate Wellness and Health Services 2023 HEALTHWORKS CORPORATE WELLNESS AND HEALTH SERVICES AGREEMENT THIS HEALTHWORKS CORPORATE WELLNESS AND HEALTH SERVICES AGREEMENT ("Agreement") is made and entered on 1 NOV, 2022 by and between City of Paducah of 300 S 5th Street, Paducah, KY 42003. ("PADUCAH") and HEALTHWORKS MEDICAL, LLC, a Kentucky limited liability company of 2341 New Holt Rd, Paducah, Kentucky 42001 ("HealthWorks"). WITNESSETH: WHEREAS, PADUCAH, an employer desirous of obtaining corporate wellness services for its employees; and WHEREAS, HealthWorks is a company engaged in the provision of corporate wellness services and is desirous of providing such services to PADUCAH. NOW, THEREFORE, in consideration of the foregoing premises, and the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: 1. Provision of Corporate Wellness and Health Services. HealthWorks shall be a non-exclusive provider of corporate care wellness and health services which shall include without limitation, the services identified on the attached Schedule A for all eligible employees (hereinafter collectively referred to as ("Member Plan Participant") pursuant to the terms and conditions set out herein. All Health Services shall be performed in accordance with (i) applicable federal, state and local laws, rules and regulations, (ii) generally accepted medical practices, (iii) the standards of the Kentucky Medical Board, the Kentucky Board of Nursing, the Kentucky Department of Health, Kentucky Cabinet for Health and Family Services, the U.S. Department of Health and Human Services, the American College of Occupational and Environmental Medicine, the Medical Review Officer Certification Council and any other applicable accrediting, regulating or licensing agencies or boards (the "Accrediting and Licensing Agencies"). 2. Payment for Services. For provision of the Corporate Wellness and Health Services set out herein; PADUCAH shall pay to HealthWorks a monthly fee which shall be calculated by multiplying $30.00 by the number of Member Plan Participants for that month. The number of Member Plan Participants shall be tallied on the first day of the month for that month and shall be provided to HealthWorks on the 1St day of that month. Member Plan Participants shall not be responsible for any fees to HealthWorks for Services set out herein. HealthWorks shall bill PADUCAH for the Fee amount by the loth of each month for that month. Payment shall be made Net 30 with payment mailed to HealthWorks Medical, 2341 New Holt Road, Paducah, KY 42001. g. Staffing. a. Health Line Services. HealthWorks shall provide to Member Plan Participants a health line telehealth service through which Member Plan Participants shall receive guidance on general health information, referrals for medical care, or immediate referrals for emergency care. HealthWorks shall ensure that the Health Line Services are open and operational for Member Plan Participant from 8:ooam until 5:00 pm, Monday through Friday CST. Health Line Services will be closed from 12:oopm — 1:oopm daily. The HealthWorks clinical operations are closed on the following holidays: Christmas Day, Christmas Eve, Thanksgiving Day, Day after Thanksgiving, New Year's Day, Labor Day, 4th of July and Memorial Day. If the holiday falls on a weekend, then the Friday before or the Monday after will be observed. b. Supervision. A licensed physician or physician's assistant/nurse practitioners and all support staff necessary to provide the Health Line Telehealth Services shall be available during Clinic Hours. HealthWorks shall provide all appropriate supervision and oversight for HealthWorks employees consistent with the requirements of the Commonwealth of Kentucky, including without limitation, required supervision from a collaborative physician for all physician extenders. The collaborative physician shall at all times remain board certified in family practice. 4. Records; confidentiality. a. Utilization. HealthWorks shall provide to PADUCAH, documentation of Member Plan Participant utilization on a quarterly basis. b. Medical Records. All medical records generated for services rendered pursuant to this Agreement shall remain the property of HealthWorks, subject to the rights of access afforded to patients pursuant to state and federal law. Health records shall be disclosed to PADUCAH in accordance with the provisions of the Healthcare Insurance Portability and Accountability Act of 1996, as amended, together with its implementing regulations, as the same is in force from time to time. Medical records shall be maintained and compiled in accordance with the standards of the Accrediting and Licensing Agencies, and as may be reasonably necessary to effectuate the timely and complete documentation of utilization records required pursuant to this Agreement. C. Confidentiality. All of the terms and conditions of this Agreement shall be considered strictly confidential, and neither party shall disclose any of the material items discussed in the negotiations leading to this Agreement, or any of the terms of this Agreement itself, without the prior written consent of the other party, excepting only disclosures to any lawyer or accountant either party may employ (who shall be advised of this confidentiality provision) and such disclosures as may be required by applicable federal, state, or local law made with prior notice to the other party of all of the circumstances of such legally required disclosure. PADUCAH shall not, directly or indirectly, except with the prior written consent of HealthWorks, which may be withheld in its sole and absolute discretion, communicate, furnish, disclose or use for the benefit of PADUCAH or any other individual, firm, partnership, limited liability company or other entity, organization or association any "Confidential Information," other than for PADUCAH in the regular course of PADUCAH business. On the last day of this Agreement, PADUCAH shall destroy or return and deliver to HealthWorks, at its sole discretion, all "Confidential Material" in PADUCAH possession. As used in this Section 4, "Confidential Information" shall mean information about HealthWorks, any of its affiliates, or any successor to the HealthWorks or its affiliates, which is not generally known in the community in which the HealthWorks, any of its affiliates or their successors, is providing services and which is or shall be disclosed to, or known by, PADUCAH as a consequence of this Agreement, including but not limited to, accounting records, patient lists, operating policies, or written instructions, forms, manuals, reports, research, or any other records or other Confidential or proprietary information or trade secrets of any type or description whatsoever. "Confidential Material" shall mean any writing of any kind or information stored on computer disk or otherwise electronically or in any other form, obtained by PADUCAH as a consequence of or through this Agreement, which contains any Confidential Information and shall include, without limiting the generality of the foregoing, documents, memoranda, notes, and any other writings or stored information of any kind or nature whatsoever (and all copies thereof), which contain or relate to Confidential Information and which are in PADUCAH possession or control, whether prepared by PADUCAH or otherwise which information is not generally known to persons outside of the employ of the HealthWorks. HealthWorks shall not, directly or indirectly, except with the prior written consent of PADUCAH, which may be withheld in its sole and absolute discretion, communicate, furnish, disclose or use for the benefit of HealthWorks or any other individual, firm, partnership, limited liability company or other entity, organization or association any "Confidential Information," other than for HealthWorks in the regular course of HealthWorks' business. On the last day of this Agreement, HealthWorks shall destroy or return and deliver to PADUCAH, at its sole discretion, all "Confidential Material" in HealthWorks' possession. As used in this Section 4, "Confidential Information" shall mean information about PADUCAH, any of its affiliates, or any successor to PADUCAH or its affiliates, which is not generally known in the community in which PADUCAH, any of its affiliates or their successors, is providing services and which is or shall be disclosed to, or known by, HealthWorks as a consequence of this Agreement, including but not limited to, accounting records, patient lists, operating policies, or written instructions, forms, manuals, reports, research, or any other records or other Confidential or proprietary information or trade secrets of any type or description whatsoever. "Confidential Material" shall mean any writing of any kind or information stored on computer disk or otherwise electronically or in any other form, obtained by HealthWorks as a consequence of or through this Agreement, which contains any Confidential Information and shall include, without limiting the generality of the foregoing, documents, memoranda, notes, and any other writings or stored information of any kind or nature whatsoever (and all copies thereof), which contain or relate to Confidential Information and which are in HealthWorks' possession or control, whether prepared by HealthWorks or otherwise which information is not generally known to persons outside of the employ of the PADUCAH. 5. Relationship of the Parties; Independent Contractor. HealthWorks and its employees are performing all services and duties required of them by this Agreement as independent contractors and not as employees, agents, partners of or joint venturers with PADUCAH. Neither HealthWorks nor its employees shall have authority to bind or obligate PADUCAH in any manner. PADUCAH shall neither have nor exercise any control over the methods by which any of the employees of HealthWorks practice medicine, and the clinical decisions of HealthWorks shall be its and its alone. HealthWorks shall be solely responsible for the payment or withholding of all federal, state or local income taxes, Social Security taxes, unemployment taxes, workers' compensation and other insurance required by law arising from its or its employees' compensation hereunder. 6. Term; Termination; Dispute Resolution. a. Term. Subject to the termination provisions otherwise provided herein, the Term of this Agreement shall commence on August 1st, 2022, and continue for an initial period of one (1) year. Thereafter, the Agreement shall automatically renew for an additional Term annually unless otherwise terminated as provided herein below. b. Termination for Cause Only During First Year. Notwithstanding any other provision of this Agreement, this Agreement shall not be terminated for one (1) year beginning August 1st, 2022 and ending August 1st, 2023, unless for cause. C. Cause. "Cause" for the purpose of this agreement is defined as (i) fraud, misappropriation (ii) intentional breach of the provisions of this agreement, (iii) repeated willful failure to perform services hereunder or (iv) incapacity to perform the services hereunder. If either party breaches any term of this agreement such as to constitute cause and fails to correct such breach within ninety (go) days after receiving written notice, as outlined in paragraph 1o(j) herein (entitled Notice), of such breach from the other party, such other party may terminate this Agreement by notifying the breaching party in writing of termination. d. Termination. This Agreement may only be terminated (1) for cause or (2) by early termination as defined below. e. Early termination without cause. Any other provision of this Agreement to the contrary notwithstanding, either party may terminate this Agreement, as follows: (i) For HealthWorks, HealthWorks shall notify PADUCAH in writing at least ninety (go) calendar days in advance of the termination date. (ii) For PADUCAH, PADUCAH shall notify HealthWorks in writing at least ninety (go) calendar days in advance of the termination date. PADUCAH will be responsible for the full payment for the first contract year for early termination without cause. Remaining payment, utilizing the number of Member Plan Participants reported by PADUCAH during the month of the termination date, must be received within thirty (30) calendar days after the termination date. f. Early Termination for Death or Disability. Notwithstanding any other provision of this Agreement, PADUCAH may terminate this Agreement immediately if the principal of HealthWorks, J. Kyle Turnbo, M.D., dies or becomes Permanently Disabled. All terms and conditions contained in this Agreement shall remain in full force and effect should J. Kyle Turnbo, M.D. be disabled but has not become Permanently Disabled. If J. Kyle Turnbo, M.D. dies or becomes Permanently Disabled, all terms and conditions contained in this Agreement shall remain in full force and effect until such time as PADUCAH exercises its right to terminate this Agreement as set out herein. As used herein, "Permanently Disabled" shall mean being unable, due to accident, physical or mental illness, or any other reason or cause, to practice medicine on a full- time basis for any period reasonably expected to last more than ninety (go) days, as determined by a physician who is not employed by PADUCAH or HealthWorks. g. Termination During Renewal Years. Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either party during any renewal term by providing written notice to the other party at least one hundred twenty (120) calendar days in advance of the termination date. PADUCAH will not be responsible for full payment for the remaining term in the event of early termination in any renewal year. h. Dispute resolution. The parties shall in good faith first attempt to resolve any controversy, dispute or disagreement arising out of or relating to this Agreement by face-to-face negotiations by the principal of HealthWorks and the principle of PADUCAH. If any such controversy, dispute or disagreement is not resolved within thirty (3o) days after such negotiations begin, either party may seek relief at law or in equity as the same may be available to it. 7. Indemnity. a. Indemnification by HealthWorks. HealthWorks hereby agrees to indemnify and save harmless PADUCAH, its affiliates and their respective trustees, officers, agents, employees and volunteers from and against any and all claims, actions, awards, judgments, settlements, damages, liabilities and expenses of whatever nature, including attorney's fees and witness' fees, to the extent caused by the negligence or willful misconduct of HealthWorks, any of its employees or agents, provided that such indemnification and hold harmless shall not extend to any matter to the extent caused by the negligence or willful misconduct of PADUCAH, its affiliates or any of their respective trustees, officers, agents, employees, volunteers or independent contractors, other than HealthWorks, its employees or agents. b. Indemnification by PADUCAH. PADUCAH shall indemnify and save harmless HealthWorks, its affiliates and their respective shareholders, agents, directors, officers and employees from and against any and all claims, actions, awards, judgments, settlements, damages, liabilities and expenses of whatever nature, including attorneys' fees and witness' fees, to the extent caused by the negligence or willful misconduct of PADUCAH or any employees or agents of PADUCAH, provided that such indemnification and hold harmless shall not extend to any matter to the extent caused by the negligence or willful misconduct of HealthWorks, its affiliates or any of their respective shareholders, agents, directors, officers, employees, or independent contractors. 8. Medical Malpractice. HealthWorks shall purchase and maintain medical malpractice insurance in the amounts of $1,000,000/$3,000,000 covering the acts or omissions of any and all physicians and physician extenders providing services at the HealthWorks Clinic Location or on the Worksite. 9. Miscellaneous. a. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties and supersedes all prior negotiations and understanding relating to the subject matter hereof. b. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties, and their respective successors and assigns. This Agreement may not be assigned by either party without the express written consent of the other party. C. Kentucky law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky irrespective of any Conflict of Laws provision to the contrary. d. Venue. Any legal action arising out of this Agreement shall be brought in either McCracken Circuit Court or the United States District Court for the Western District of Kentucky, Paducah Division, or any successor to such courts. By execution of this Agreement, the parties hereby irrevocably consent to the continuing and general personal jurisdiction of such courts and waive, to the extent otherwise available, any defense of inconvenience of forum. e. Headings;eg nder. The headings of sections and paragraphs contained in this Agreement are for convenience only and shall in no matter be construed as part of this Agreement. Whenever the context of this Agreement requires, words used in the singular shall be construed to mean and include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine, or neuter genders. f. Amendments. This Agreement may be amended at any time by mutual assent of the parties but any such amendment may be made only on the written consent of all parties hereto. g. Severability. It is intended that each paragraph to this Agreement shall be viewed as separate and divisible, and in the event that any paragraph shall be held invalid, the remaining paragraphs shall continue in full force and effect. h. Attorneys' fees. In the event of any litigation arising out of this Agreement, in the event such a dispute is resolved or finally adjudicated by a court of competent jurisdiction, the party prevailing under such an adjudication shall be entitled, as a part of the judgment, to recover from the other party its reasonable attorneys' fees along with the costs and expenses of the litigation. i. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, provided the same appear in their original, typewritten form, without deletions, strike-throughs or modifications of any type. j. Notice. Any notice required or permitted to be given hereunder shall be made in writing and delivered by registered mail, postage prepaid, or by recognized overnight courier with delivery confirmation, to the following, or such other address as the parties may designate from time to time: If to PADUCAH: PADUCAH Director of Human Resources Attn: Stefanie Wilcox 300 South Stn Street Paducah, KY 42001 If to HealthWorks: HealthWorks Medical, LLC Attn: J. Kyle Turnbo, M.D. 2341 New Holt Rd Paducah, Kentucky 42001 with a copy to: Denton Law Firm, PLLC Attn: Glenn Denton P.O. Box 969 Paducah, KY 42002-0969 1. No waiver. No failure by either party to insist upon the strict performance of any agreement, term, covenant or condition hereof, or to exercise any right or remedy consequent upon a breach hereof shall constitute a waiver of any such breach, agreement, term, covenant or condition or the ability of either party to enforce legal or equitable remedies beyond those expressly set forth in the Agreement PADUCAH City of Paducah, Kentucky By: Print Name/Title HEALTHWORKS HEALTHWORKS MEDICAL, LLC am J. Kyle Turnbo M.D., Sole Officer, Member IN WITNESS HEREOF, the parties hereto have duly executed this Agreement effective the date first above written. ATTACHMENT A HealthWorks Medical Corporate Care Health Plan Services (Tier 3) • Telehealth access to our healthcare team Monday through Friday 8AM 5PM CST (closed daily from 12PM ipm for lunch). • Annual on-site health fair with biometric collection • On-site quarterly education sessions • 1 -on -1 access to our Wellness Professionals via the MuuvWell app • Employee Ambassador Program • Semi -Annual Health and Wellness Challenges • Custom stretching routines • Customized employer app content and employee education • Annual kick-off event (on-site) • Continuation of and management of Chronic Disease Program *HealthWorks Medical Providers reserve the right to make any referrals to third party medical care as necessary. When our clients win, we win. Other wellness programs are generic, lack engagement and leave customers unhealthy and uninspired. Our team delivers personalized health coaching, engaging wellness content and simple programs that help people become the best version of themselves. We are alongside to celebrate every step of their journey. "'aw, Health & Wellness Challenges Clients become the hero of their story by participating in fun wellness challenges. Earn Rewards Clients are rewarded for activities completed. The higher they climb, the greater the reward. One -on -One Coaching with MuuvWell Coaches We help clients establish goals and serve as the guide to get them there. MuuvWell App Access Engaging content, data tracking, and a library of fun routines. What We Offer Muuv Total Access >�. 24/7 Employee Direct Primary Care Unlimited access to our Direct Primary Care regional network of clinics for all primary, acute, chronic and urgent medical needs. Includes everything from previous tiers. Muuv Telehealth Telehealth Services Annual On -Site Health Fair Incentive Program Management Includes everything from previous tiers. Muuv One -on -One >> One-on-one coaching with Physical Therapists, Dieticians, and other wellness professionals Culture Development Health & Wellness Challenge Includes everything from previous tiers. Muuv MuuvWell App Access for all Employees Onsite Services Employee Participation Tracking Custom program creation and pricing available at request. Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve Strategic Health Risk Advisor & Strategic Benefit Placement Services with Peel & Holland - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The City has utilized the Health Risk Advisor services with Peel & Holland since July 1999 pertaining to issues regarding the administration, renewal, claim resolution, cost containment and bidding process of the City's health insurance plan. Staff recommends entering into a contract with Peel & Holland to continue these services for calendar year 2023. The 1 year contract with Peel & Holland remains flat at $78,900. This fee is payable in four equal installments of $19,725 to be billed quarterly. In addition, there is a fee of $200 per hour subject to a minimum retainer of $5,000 for services requested by the City or the City's legal counsel for issues that arise in connection with employer and employee bargaining, legal matters, disputes about other similar issues. In addition to this cost is an Advisory Agreement Services Addendum. This Addendum would only be in effect if services from the attached form are requested and additional charges and fees will apply. These fees also remained flat. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute a contract between the City of Paducah and Peel & Holland pertaining to the administration of the City's health insurance. Attachments: 1. MO contract - Peel & Holland Strategic Health Risk Advisor & Benefit Placement Services 2023 2. 2023 City of Paducah Advisory Agreement MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR A STRATEGIC HEALTH RISK ADVISOR & STRATEGIC BENEFIT PLACEMENT SERVICES WITH PEEL & HOLLAND FINANCIAL GROUP FOR ADMINISTRATION OF THE CITY OF PADUCAH'S HEALTH INSURANCE IN AN AMOUNT OF $78,900 PLUS $200 PER HOUR, SUBJECT TO A MINIMUM RETAINER OF $5,000, FOR REQUESTED SERVICES RELATED TO EMPLOYEE BARGAINING, LEGAL MATTERS, AND DISPUTES OR OTHER SIMILAR ISSUES AND AUTHORIZES THE EXECUTION OF THE ADVISORY AGREEMENT SERVICES ADDENDUM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the Mayor to execute a contract for a Strategic Health Risk Advisor and Strategic Benefit Placement Services with Peel & Holland Financial Group, in the amount of $78,900, payable in four equal installments of $19,725 each, for administration services pertaining to the administration of the City of Paducah's health insurance. An additional fee of $200 per hour, subject to a minimum retainer of $5,000, will be charged for services requested by the City or the City's legal counsel for issues that arise in connection with employer and employee bargaining, legal matters, disputes or other similar issues. SECTION 2. The City of Paducah hereby authorizes the Mayor to execute an Advisory Agreement Services Addendum with Peel & Holland Financial Group, which provides for additional fees if specific additional services are requested including Carrier Billing Reconciliation, Enrollment Errors, and Benefit Administration System Maintenance for $150 per hour with a $300 minimum and ACA Reporting for $150 per hour with a $1,500 minimum. SECTION 3. Said contract and addendum authorized in Sections I and 2 above will be for the 2023 calendar year. SECTION 4. This order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 mo\contract — Peel & Holland Strategic Health Risk Advisor & Benefit Placement Services 2023 STRATEGIC HEALTH RISK ADVISOR & S TRA TEGI C BENEFIT PLACEMENT SERVICES THIS CONTRACT, made and entered into on this day of 2022, by and between Peel & Holland Financial Group, 1120 Main, P.O. Box 427, Benton, Kentucky 42025, hereinafter referred to as "ADVISOR," and City of Paducah, Kentucky hereinafter referred to as the "CLIENT," WITNESSETH: WHEREAS, CLIENT desires to engaged ADVISOR to access its "Strategic Health Risk Advisor System and Strategic Insurance Placement Services System", hereinafter referred to as "SYSTEM" and ADVISOR desires to accept such engagement; and NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: A. ADVISOR perform the following services on behalf of the CLIENT: 1. Review all insurance contracts and employer forms relating to health, vision, dental, and drug benefits, HRA, H.S.A. and make recommendations to the CLIENT on such contracts. 2. Coordinate on-site enrollers or web -based enrollments and assistance with annual open enrollment for eligible employees during the period(s) contracted. 3. Provide assistance with questions on behalf of CLIENT including but not limited to health insurance claims, eligibility, plan selection for employees. 4. Provide consultation on issues relating to cost share, stop -loss and plan administration, and oversight in bid processes annually. 5. Review and provide commentary on plan data such as claims, administrative and reinsurance costs and comparisons of data for varying years on a quarterly basis agreed to committees and/or the City Commission, or City Manager as agreed to by CLIENT. City of Paducah, (Strategic Health Risk ADVISOR) Page 1 of 4 6. Prepare annual request for proposals (RFP) for years CLIENT requests formal bid processes. Provide oversight and coaching services in review of bids, assembly of data received by bidders and make specific recommendations to CLIENT for placement or procurement of health/drug, dental and vision insurance contracts. 7. Review preferred provider agreements and assist client in comparing and selecting preferred provider organizations (PPO). 8. Assist CLIENT with meetings and coach on benefit plan issues with employee groups as requested by CLIENT. 9. When qualified provide advice for all other areas of health, dental and drug plan operations as requested by CLIENT. 10. Provide COBRA administrative services via a separate administrative party as per a separate agreement between, Flores & Associates and CLIENT. 11. Provide expert witness services in connection for employer and employee bargaining, legal matters, disputes, or similar issues, as requested by the employer or the employer's legal counsel. 12. Provide data analytics via Acclaim Health Analytics and NavMD Design180 with customized reporting and care management integration with disease management firms chosen independently by CLIENT. 13. Access to Compliance Dashboard, tool to help assure compliance with health plan laws. B. For the services rendered as described in Paragraph A, Subparagraphs 1 through 10, CLIENT shall pay ADVISOR a fee of $78,900 per annum (fee includes $72,000 for Items 1-10, $6,300 for item 12, and $600 for Item #13). Services shall be billed and payable at a rate of $19,725 per quarter and due each of the following dates: January 1, 2023, April 1, 2023, July 1, 2023, and October 1, 2023, payable within 30 City of Paducah, (Strategic Health Risk ADVISOR) Page 2 of 4 days of each billing statement. Services shall continue for one calendar year from the inception date of this agreement. For services rendered as described in Paragraph A, Subparagraph 11 above, CLIENT shall pay ADVISOR a separate fee of $200.00 per hour subject to a minimum retainer of $5,000.00 per year should services be requested in item 11 above. Invoice for services rendered or retained under Paragraph A, Subparagraph 11, shall be billed monthly as accrued and payable no later than the 10t" of the following month after the billed date. Assuming no services Paragraph A, Subparagraph 11 are requested, then no fee shall be paid under this separate section of the services. Also, due to the nature of benefits such as dental, vision, life, voluntary plans, etc. certain carriers may not waive standard commissions and if such relationship exists then these commissions shall be disclosed, and commissions may be earned in addition to other fees specified within this agreement. The charging of these fees and expenses by ADVISOR for the services enumerated shall not preclude his charging and receiving a commission or fee as an agent or consultant in a separate transaction between CLIENT and ADVISOR should there be any such separate transaction. C. CLIENT acknowledges that, with respect to providing advice and assistance placing insurance -related products, ADVISOR is acting as an insurance agent (as defined in KRS Chapter 304.9-020) and subject to provisions of KRS Chapter 304.11-020 TO 304.11-050. Further CLIENT meets the definition of "client" as denoted in KRS Chapter 304.11-020 TO 304.11-050 for health insurance. D. CLIENT agrees that ADVISOR's sole responsibility is to provide its best advice in an objective manner in accordance with the terms of the contract. CLIENT understands and acknowledges that in many instances ADVISOR's advice will simply consist of his opinion. Although CLIENT may delegate to ADVISOR certain decisions as part of the service rendered by ADVISOR pursuant to this contract, only CLIENT, and not ADVISOR, shall be responsible for such decisions. ADVISOR's obligation to CLIENT shall be limited to providing CLIENT with his best opinion based upon his professional experience at the time such opinion is presented. CLIENT acknowledges City of Paducah, (Strategic Health Risk ADVISOR) Page 3 of 4 that ADVISOR makes no representations nor warranties concerning the quality, effectiveness, or results of his coaching services, and CLIENT assumes full risk for, and shall hold ADVISOR harmless from, all results of following or rejecting ADVISOR's advice or recommendations. E. CLIENT shall release ADVISOR from providing any services required herein and ADVISOR shall provide a refund to CLIENT, prorated with the length of service rendered, if ADVISOR is prevented from providing the services by sickness, death, or events beyond his control, or if any outstanding bill which is due and payable by CLIENT to ADVISOR for past services is not paid in accordance with this contract. F. Termination: CLIENT agrees that the initial term of this agreement and associated fees shall continue through December 31, 2023 and may continue into the future, as mutually agreed and by extending the agreement in writing. Afterward, either party may termination this agreement, at any time, for any reason, provided a ninety (90) day notice is provided in writing. Fees shall continue to become due and payable throughout the length and term of the entire agreement, even if terminated, unless stipulated otherwise in section E. above. G. This agreement has been entered into by City of Paducah, Paducah, Kentucky and Peel & Holland Financial Group. IN TESTIMONY WHEREOF, Peel & Holland Financial Group and City of Paducah each has caused their name to be hereunto affixed on this date first written above. 09/29/2022 Date: Story, Authorized Peel & Holland Representative Date: City of Paducah Kentucky City of Paducah, (Strategic Health Risk ADVISOR) Page 4 of 4 Advisory Agreement Services Addendum Additional Human Resources and Financial Support Services Our advisory services assume each client shall maintain employment records, system information and provide for their own carrier bill reconciliation. In the event the services indicated below are requested additional charges and fees will apply. • Carrier Billing Reconciliation: $150 per hour, $300 minimum o Auditing carrier invoices; o Retrospective billing resolution and dispute mitigation • Enrollment Errors: $150 per hour, $300 minimum o Enrollment corrections; o Carrier communications; o Dispute resolution; • Benefit Administration System Maintenance: $150 per hour, $300 minimum o System build, implementation and testing; o Entering, maintaining and updating various records • ACA Reporting: $150 per hour, $1,500 minimum o Training, support and online assistance outside the initial system implementation; o Entering data, uploading reports and assistance with retrospective corrections I/We understand the services as listed above require additional time, effort, support and additional charges shall apply. Date: City of Paducah, Authorized Representative City of Paducah (Advisory Agreement Services Addendum) Page 1 of 1 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Administrative Services Agreement with Anthem Blue Cross Blue Shield - PEEL & HOLLAND Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Peel & Holland Background Information: DJ Story of Peel and Holland recommends that the city continue with Anthem Blue Cross Blue Shield for the 2023 plan year, effective January 1, 2023, as the City's Third Party Administrator (TPA) to provide claims administrative services related to the City's health insurance plan. Remaining with Anthem offers the best overall option for quality of plans, administrative services and competitive rates and factors. A summary of Anthem's administrative fees, rates and factors is attached. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute ASO agreement with Anthem Blue Cross Blue Shield for administrative services only. Attachments: 1. MO - administrative services - Anthem 2023 2. 2023 Anthem ASO Renewal MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AN AGREEMENT FOR ADMINISTRATIVE SERVICES WITH ANTHEM BLUE CROSS BLUE SHIELD FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH, KENTUCKY FOR THE 2023 CALENDAR YEAR AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah authorizes and approves an agreement with Anthem Blue Cross Blue Shield as the City's Third -Party Administrator to provide claims administrative services related to the City's health insurance plan. The effective date of this Agreement is January 1, 2023 and ending December 31, 2023. SECTION 2. The Mayor is hereby authorized to execute all documents relating to administrative services as authorized in Sections 1 above. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \1no.\ administrative services - Anthem 2023 Fixed Administrative Costs CITY OF PADUCAH Effective January 1, 2023 through December 31, 2023 Current Non -CDH Plan Subscribers Current CDH Plan Subscribers Enrollment Medical and Pharmacy Administration Pharmacy Rebate Offset BASIC Wellness Specialty Pharmacy w Clinical Site of Care Review Percentage Change: Authorized Signature: Title: Date: 37 37 248 248 285 285 $49.21 $48.09 ($35.05) ($33.93) $0.00 $0.00 $0.65 $0.00 $14.81 $14.16 $50,650 $48,427 Additional Fee Disclosures: See Additional Service Fees and Pharmacy Pricing for disclosure of additional service fees which are not included on this cast summary. The Pharmacy Rebate Offset reflects the National Formulary. The offset may be adjusted if a different pharmacy formulary is sold. 0273552-04 Anthem :•:a 9 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Health, Vision and Dental Benefit Plan Premiums for 2023 - PEEL & HOLLAND Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Peel & Holland Background Information: The following reflect the recommended monthly health insurance premiums, by plan, for the 2023 Calendar year. These are the rates, as presented by DJ Story, of Peel and Holland, which are flat compared to last year. These premiums allow us to keep our grandfathered status, which offers protection to both the employer and the employee and allows us to maintain an acceptable escrow level to cover expected claims and plan costs. As a further note, regarding the City's health insurance premiums, there have not been any increases to costs over the last ten years. Health Insurance: Investor Plan Monthlv Premium Employee $781 Employee / $969 Spouse Employee / Child $825 Family $1,118 Elite Plan Monthly Premium Employee $856 Employee / $1,139 Spouse Employee / Child $974 Family $1,319 Vision Premiums: The following will reflect the monthly Vision Premium rate for the 2023 calendar year. The renewal rate has increased by 6% from last year. Blue View Vision Monthly Premium Employee $6.97 Employee / $12.20 Spouse Employee / Child $13.26 Family $20.24 Dental Premiums: The following will reflect the recommended monthly Delta Dental Plan Premiums for the 2023 calendar year. The premium renewal percentage will increase by 2% from last year. Delta Dental of Monthly Premium KY Employee $26.47 Employee / $54.01 Spouse Employee / Child $56.49 Family $91.90 Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the premiums listed above for Health Insurance, Vision and Dental. Attachments: 1. MO - Health Vision & Dental Premiums 2023 2. Renewal 2023 Delta Dental 3. 2023 and 2024_City of Paducah -FI -Vision -Renewal -Benefit Sheet MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND ADOPTING THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN PREMIUMS, THE VISION INSURANCE PLAN PREMIUMS, AND THE DENTAL INSURANCE PLAN PREMIUMS FOR CALENDAR YEAR 2023 FOR EMPLOYEES OF THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approves and adopts the following monthly health insurance premiums for calendar year 2023 for employees of the City of Paducah: Health Insurance: Investor Plan Monthly Premium Elite Plan Monthly Premium Employee $ 781 Employee $ 856 Employee/Spouse $ 969 Employee/Spouse $1,139 Employee Child $ 825 1 Employee Child 1 $ 974 Family $1,118 1 Family $1,319 SECTION 2. That the City of Paducah hereby approves the following monthly premiums for the Blue View Vision Plan through Anthem B1ueCross B1ueShield for vision care for employees for calendar year 2023: Vision Insurance: SECTION 3. That the City of Paducah hereby approves the following monthly premiums for the Delta Dental Plan for optional dental care for employees for calendar year 2023: Monthly Premium Employee $6.97 Employee/Spouse $12.20 Employee Child $13.26 Family $20.24 SECTION 3. That the City of Paducah hereby approves the following monthly premiums for the Delta Dental Plan for optional dental care for employees for calendar year 2023: Dental Insurance SECTION 4. That the premiums for the Comprehensive Health Insurance Benefit Plan, the Blue View Vision Plan and the Delta Dental Plan for employees of the City of Paducah, adopted in Sections 1, 2 and 3 above, shall become effective January 1, 2023. SECTION 5. That the Mayor is hereby authorized to execute all documents related to the premiums approved in Sections 1, 2 and 3 above. SECTION 6. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \tno\Health Vision & Dental Premiums 2023 Monthly Premium Employee $26.47 Employee/Spouse 54.01 Employee Child $56.49 Family $91.90 SECTION 4. That the premiums for the Comprehensive Health Insurance Benefit Plan, the Blue View Vision Plan and the Delta Dental Plan for employees of the City of Paducah, adopted in Sections 1, 2 and 3 above, shall become effective January 1, 2023. SECTION 5. That the Mayor is hereby authorized to execute all documents related to the premiums approved in Sections 1, 2 and 3 above. SECTION 6. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \tno\Health Vision & Dental Premiums 2023 https://www.DeltaDentalKY.com November 1, 2022 Stefanie Suazo CITY OF PADUCAH 300 S 5th St Paducah, KY 42003-1527 Re: Dental Plan Rate Review, Group #692290-4001, 4002, 4003 Dear Stefanie Suazo, Enclosed are the rates and renewal documents related to your contract renewal. If you have any questions or need additional information, please feel free to contact me at (502) 736-4632 or Kim.Kirkpatrick@deltadentalky.com. Sincerely, Kim Kirkpatrick Account Manager cc: Mr. Gregory Carlton DELTA DENTAL OF KENTUCKY 10100 Linn Station Road Louisville, KY Delta Dental of Kentucky Delta Dental PPO plus Premier TM Summary of Dental Plan Benefits Group Name: CITY OF PADUCAH Group Number: 692290-4001, 4002, 4003 Benefit Year: January 1 through December 31 Covered Services — Delta Dental PPO` Delta Dental Non -participating Dentist Premier° Dentist Dentist Plan Pays Plan Pays Plan Pays* Diagnostic & Diagnostic and Preventive Services—exams, cleanings, fluoride, and space maintainers Preventive 100% 100% 100% Emergency Palliative Treatment — to temporarily relieve pain 100% 100% 100% Sealants —to prevent decay of permanent teeth 100% 100% 100% Brush Biopsy—to detect oral cancer 100% 100% 100% Radiographs — X-rays Basic Services Minor Restorative Services —fillings and crown repair 100% 80% 100% 80% 100% 80% Endodontic Services — root canals 80% 80% 80% Periodontic Services — to treat gum disease 80% 80% 80% Oral Surgery Services — extractions and dental surgery 80% 80% 80% Other Basic Services — misc. services 80% 80% 80% Denture Repair — repairs to complete or partial dentures Major Services Major Restorative Services — crowns 80% 50% 80% 50% 80% 50% Relines and Rebase — to dentures 50% 50% 50% Fixed Prosthodontic Repair — to bridges 50% 50% 50% Implant Repair— implant maintenance, repair, and removal 50% 50% 50% Adjustments to Dentures — adjustments to complete or partial dentures 50% 50%50/ ° Prosthodontic Services — bridges, implants, and dentures Orthodontic Orthodontic Services — braces 50% 50% 50% 50% 50% 50% Orthodontic Age Limit — Dependent Children to the end of the month of age 23 * When you receive services from a Nonparticipating Dentist, the percentages in this column indicate the portion of Delta Dental's Nonparticipating Dentist Fee that will be paid for those services. The Nonparticipating Dentist Fee may be less than what the dentist charges and you are responsible for that difference. r Oral exams (including evaluations by a specialist) are payable twice per calendar year. Limited oral evaluations for a specific problem or complaint are also payable twice in the same calendar year. r Prophylaxes (cleanings) are payable twice per calendar year. Two additional periodontal maintenance procedures are payable per calendar year for individuals with a documented history of periodontal disease. Full mouth debridement is payable once in a lifetime. Customer Service Toll -Free Number: 800-955-2030 https://www.DeltaDentalKY.com 2013 -004 -DD Rev 3/14 August 19, 2022 ➢ People with specific at -risk health conditions may be eligible for additional prophylaxes (cleanings) or fluoride treatment. The patient should talk with his or her dentist about treatment. ➢ Fluoride treatments are payable once per calendar year for people age 18 and under. ➢ Space maintainers are payable once per area per lifetime for people age 13 and under. ➢ Bitewing X-rays are payable once per calendar year and full mouth X-rays (which include bitewing X-rays) or a panorex are payable once in any five-year period. ➢ Sealants are payable once per tooth per two-year period for first and second permanent molars for people age 15 and under. The surface must be free from decay and restorations. ➢ Payment for crowns, inlays, and onlays are payable once per tooth in any five-year period. Stainless steel crowns are payable once per tooth in any two-year period on primary teeth only. ➢ Composite resin (white) restorations are payable on posterior teeth. ➢ Root canal treatment is inclusive of periapical X-rays, cultures, follow-up care, treatments, pulpotomy or pulpectomy, and routine post-operative procedures. Separate charges are not Covered Services for these procedures. Retreatment is payable two years after the initial treatment. ➢ Denture and/or bridge replacement is payable five -years post initial place. Replacement is not a Covered Service for lost or stolen dentures and/or bridges. Interim dentures are payable only for people under age 17 to replace extracted anterior permanent teeth. ➢ The initial installation of any prosthodontic service to replace missing teeth or teeth that were lost before coverage began, including congenitally missing teeth is not payable. Replacements of existing appliances can be considered. ➢ Fixed bridges or removable cast partials are payable only for Eligible Dependents over age 16. Services and appliances that replace missing natural teeth (such as bridges, endosteal implants, implant crowns, partial dentures, and complete dentures) may be subject to an Alternate Benefit. ➢ Porcelain and resin facings on bridges are payable on posterior teeth. ➢ Implants are payable once per tooth in any five-year period. Implant related services are Covered Services. ➢ Crowns over implants are payable once per tooth in any five-year period. Services related to crowns over implants are Covered Services. Deductible — Delta Dental PPO' Dentist - $25 Deductible per person total per Benefit Year limited to a maximum Deductible of $75 per family per Benefit Year. The Deductible does not apply to diagnostic and preventive services, emergency palliative treatment, brush biopsy, X-rays, sealants, cephalometric films, photos, diagnostic casts and orthodontic services (including surgical repositioning of teeth). Delta Dental Premier® Dentist or Nonparticipating Dentist - $50 Deductible per person total per Benefit Year limited to a maximum Deductible of $150 per family per Benefit Year. The Deductible does not apply to diagnostic and preventive services, emergency palliative treatment, brush biopsy, X-rays, sealants, cephalometric films, photos, diagnostic casts and orthodontic services (including surgical repositioning of teeth). Maximum Payment — $2,000 per person total per Benefit Year on all services, except cephalometric films, photos, diagnostic casts and orthodontic services (including surgical repositioning of teeth). $1,000 per person total per lifetime on cephalometric films, photos, diagnostic casts and orthodontic services (including surgical repositioning of teeth). Dependent Age Limit — Dependents are covered up to age 26. Waiting Period —There is a 12 -month waiting period for certain services. Major Restorative Services, Relines and Adjustments, Fixed Prosthodontic Repair, Prosthodontic Services, and Orthodontic Services will not be covered until after a person is enrolled in the dental plan for 12 consecutive months. Eligible People —The subscriber (you) is eligible for dental benefits when your employer or organization notifies Delta Dental. Also eligible at your option are your legal spouse and your children who meet the age requirements noted above. Enrollees and dependents choosing this plan are required to remain enrolled for a minimum of 12 months. Should an Enrollee or Dependent choose to drop coverage after that time, he or she may not re -enroll prior to the date on which 12 months have elapsed. Dependents may only enroll if the Enrollee is enrolled (except under COBRA) and must be enrolled in the same plan as the Enrollee. An election may be revoked or changed at any time if the change is the result of a qualifying event as defined under Internal Revenue Code Section 125. Customer Service Toll -Free Number: 800-955-2030 https://www.DeltaDentalKY.com 2013 -004 -DD Rev 3/14 August 19, 2022 If you and your spouse are both eligible under this Contract, you may be enrolled as both a Subscriber on your own application and as a dependent on your spouse's application. Your dependent children may be enrolled on both applications as well. Delta Dental will coordinate benefits. Benefits will cease on the last day of the month in which your employment is terminated. This Summary of Dental Plan Benefits should be read along with your Certificate. Your Certificate provides additional information about your Delta Dental plan, including information about plan exclusions and limitations. If a statement in this Summary conflict with a statement in the Certificate, the statement in this Summary applies to you and you should ignore the conflicting statement in the Certificate. The percentages above are applied to Delta Dental's allowance for each service and it may vary due to the dentist's network participation.* Customer Service Toll -Free Number: 800-955-2030 https://www.DeltaDentalKY.com 2013 -004 -DD Rev 3/14 August 19, 2022 Delta Dental of Kentucky Renewal Rates for CITY OF PADUCAH #692290 Effective January 7, 2023 Rates per subscriber per month Current Rate(s) January 1, 2022 through December 31, 2022 Renewal Rate(s) January 1, 2023 through December 31, 2023 Subscriber only $25.95 $26.47 Subscriber and spouse $52.95 $54.01 Subscriber and child(ren) $55.38 $56.49 Subscriber, spouse and child(ren) $90.10 $91.90 Overall Percent Change 2.00% Tied to medical: No Covered Persons choosing this dental plan are required to remain enrolled for a period of 12 months. Should a Covered Person choose to drop coverage after that time, he or she may not re -enroll prior to the date on which 12 months have elapsed. An election may be revoked or changed at any time if the change is the result of a qualifying event as defined under Internal Revenue Code Section 125. Rating Assumptions Rates do not include any applicable claims taxes. The rates are valid only for the effective date noted above and are guaranteed for a one year contract. Self -billing is not allowed and you agree to pay as invoiced each month. Subscriber materials which are produced by Delta Dental will be updated and provided when plan changes apply and are always available to view or print at https://www.DeltaDentalKY.com. Printed dentist directories are not included. You can find participating dentists on our website at https://www.DeltaDentalKY.com. The plan specifications are subject to Delta Dental's standard exclusions and limitations, including: ➢ Oral exams (including evaluations by a specialist) are payable twice per calendar year. Limited oral evaluations for a specific problem or complaint are also payable twice in the same calendar year. ➢ Prophylaxes (cleanings) are payable twice per calendar year. Two additional periodontal maintenance procedures are payable per calendar year for individuals with a documented history of periodontal disease. Full mouth debridement is payable once in a lifetime. ➢ People with specific at -risk health conditions may be eligible for additional prophylaxes (cleanings) or fluoride treatment. The patient should talk with his or her dentist about treatment. ➢ Fluoride treatments are payable once per calendar year for people age 18 and under. ➢ Space maintainers are payable once per area per lifetime for people age 13 and under. ➢ Bitewing X-rays are payable once per calendar year and full mouth X-rays (which include bitewing X-rays) or a panorex are payable once in any five-year period. ➢ Sealants are payable once per tooth per two-year period for first and second permanent molars for people age 15 and under. The surface must be free from decay and restorations. ➢ Payment for crowns, inlays, and onlays are payable once per tooth in any five-year period. Stainless steel crowns are payable once per tooth in any two-year period on primary teeth only. ➢ Composite resin (white) restorations are payable on posterior teeth. ➢ Root canal treatment is inclusive of periapical X-rays, cultures, follow-up care, treatments, pulpotomy or pulpectomy, and routine post-operative procedures. Separate charges are not Covered Services for these procedures. Retreatment is payable two years after the initial treatment. ➢ Denture and/or bridge replacement is payable five -years post initial place. Replacement is not a Covered Service for lost or stolen dentures and/or bridges. Interim dentures are payable only for people under age 17 to replace extracted anterior permanent teeth. ➢ The initial installation of any prosthodontic service to replace missing teeth or teeth that were lost before coverage began, including congenitally missing teeth is not payable. Replacements of existing appliances can be considered. ➢ Fixed bridges or removable cast partials are payable only for Eligible Dependents over age 16. Services and appliances that replace missing natural teeth (such as bridges, endosteal implants, implant crowns, partial dentures, and complete dentures) may be subject to an Alternate Benefit. ➢ Porcelain and resin facings on bridges are payable on posterior teeth. ➢ Implants are payable once per tooth in any five-year period. Implant related services are Covered Services. ➢ Crowns over implants are payable once per tooth in any five-year period. Services related to crowns over implants are Covered Services. August 19, 2022 692290-4001, 4002, 4003 LE N N i LL H U U) > z a 0 m 2 UC) N N cGc � N G N LL ANO �O . pz c m m �Q d U) 6 m W H d O m z � 0 o _ I Lo lo T N N N +m+ C Y y ZF; .t-. C C C C p O O O O (O (O p N N N N c V C o N ni E E E E o o M "� H3 H3 O M °� N N c�i mc,o a o UQ Q N N N F!T E! -T EA EA EH M Vi O_ m iD N N M N w m N m N U O R E N `pN • T O N T E v 0 ( o o E U O o -o a E ;? y N d y N U— ¢ T A L L R C Cn U U LL T A L L LO N C Cn U U LLco T a R a m c 3 c O E J J N N N N N v N N N d N O C O Z a)N • a L 7 -2 a L L a C —Q U E CCD CD E +o E N E E o N N fo N R f/l tll N (o R O N C C L6 12 oA A a a L a a a a U W W J L L U LL M L L U U U U U U F Cn Cn Cn In Cn H H 0 H U U) > z a 0 m 2 UC) N N cGc � N G N LL ANO �O . pz c m m �Q d U) 6 m W H d O m z � Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Stop Loss Insurance with Voya Financial Advisors, Inc.- PEEL & HOLLAND Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Peel & Holland Background Information: Since January 1, 2011, the City of Paducah has purchased stop loss insurance with Anthem to protect the City's health insurance plan in the event of a catastrophic claim(s). It is recommended, for the 2023 plan year beginning on January 1, 2023, the Commission adopt an agreement with Voya Financial Advisors, Inc. to purchase stop loss insurance which is set at a $175,000 maximum city liability per person (individual stop loss), Voya assumes liability for all claims in excess of this amount, and $2,652,196.00 maximum city liability of total claims combined (aggregate stop loss limit), Voya assumes liability for all claims in excess of the aggregate total up to $1,000,000. Premium rates are $87.60 per member per month for individual stop loss insurance, in which there is a decrease of 8.2% from last year, and $6.87 per member per month for aggregate stop loss insurance, which stayed the same from last year. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute a Stop Loss Agreement and any other documents related to such with Voya Financial Services, Inc. for stop loss and aggregate insurance coverage. Attachments: 1. MO health ins -stop loss coverage — Voya- 2023 2. Voya Proposal City of Paducah -01-01-2023 NNLRC w signature lines MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE RATES FOR STOP LOSS INSURANCE COVERAGE, AUTHORIZING AN AGREEMENT WITH VOYA FINANCIAL ADVISORS, INC., FOR THE CITY OF PADUCAH, KENTUCKY FOR THE 2023 CALENDAR YEAR AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the rates offered through Voya Financial Advisors, Inc., for Stop Loss Insurance Coverage for the group health insurance plan for the City of Paducah, Kentucky. Effective January 1, 2023. The stop loss rates are as follows: 1) Individual Stop Loss - $175,000 maximum City liability per person with a monthly rate of $87.60 per member; and 2) Aggregate Stop Loss - $2,652,196 maximum City liability of total claims combined with a monthly rate of $6.87 per member. Voya assumes liability for all claims in excess of the aggregate total up to $1,000,000. SECTION 2. The Mayor is hereby authorized to execute all documents relating to stop loss insurance coverage as authorized in Sections 1 above. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \tnoAhealth ins -stop loss coverage — Voya- 2023 A Stop Loss Insurance Proposal for: City of Paducah September 19, 2022 Presented To: Stealth Partner Group Presented By: Hannah Smith Voya Employee Benefits PLAN Issued by ReliaStar Life Insurance Company INVEST \, � A member of the Voya® family of companies PROTECT V FINANCIAL Table of Contents Page Whywork with us.........................................................................................................................................................1 Stop Loss Proposal for City of Paducah......................................................................................................................2 AccountAssumptions..............................................................................................................................................4 ProductAssumptions..............................................................................................................................................4 Stop Loss Insurance Exclusions and Limitations and Disclosure Information........................................................5 Definitions.................................................................................................................................................................... 6 AboutVoya Financial®................................................................................................................................................ 7 PLAN Issued by ReliaStar Life Insurance Company INVEST \, � A member of the Voya® family of companies PROTECT Y FINANCIAL A Proposal for City of Paducah Our products help protect America's retirement assets As an industry leader and advocate for greater retirement readiness, Voya Financial® is committed to delivering on our vision to be America's Retirement Company® and our mission to make a secure financial future possible — one person, one family and one institution at a time. As part of that vision, Voya Employee Benefits offers insurance products to help protect those retirement assets through our insurer, ReliaStar Life Insurance Company, a member of the Voya® family of companies. One of the nation's largest direct writers of excess risk (stop loss) insurance for more than 40 years, Voya Employee Benefits, a division of ReliaStar Life Insurance Company, also offers group life, voluntary and disability income insurance products through employers. In 2019, we introduced Health Savings and Spending Accounts to our financial wellness offerings. By combining our extensive product portfolio with our benefits expertise, we are able to solve common business issues such as: benefit plan program design, cost management issues, human resources administration, and employee recruitment and retention. Why work with us With our consulting expertise and administrative capabilities, we can help you plan, design and deliver the solution your client needs in order to offer a cost-effective benefits package. Stop Loss Insurance: Self-funded employers can better manage their financial risk and preserve their assets following a catastrophic health claim. And, since we're a direct writer, our claims process allows for faster reimbursement. With our proprietary data on catastrophic claims, we're able to analyze the employer's size, industry and region, then show how other similar self- funding businesses mitigate their financial risks. Individual and aggregate excess risk insurance • Flexible run-in and run -out options Voluntary Insurance benefits: Our suite of voluntary benefits, Critical Illness', Accident, and Hospital Confinement Indemnity Insurance, can help employees and their families cover their out-of-pocket medical costs. These are limited benefit policies. They are not health insurance and do not satisfy the requirement of minimum essential coverage under the Affordable Care Act. True group products, designed to integrate enrollment and administration to complement an employer's core benefit offerings Products can be included on virtually any enrollment platform or benefits administration system Client can be the system of record - there are no tedious list bills to review or reconcile month-to-month and, no missed deduction letters are sent out Life Insurance: Group and voluntary options help employees provide financial protection for their loved ones. • Accelerated death benefit payable while living, including the option for monthly payments to help offset the costs of continuous confinement in an institution, such as a hospital, nursing home or extended care facility Expedited benefit payment for amounts up to $200,000 • Extensive range of Accidental Death and Dismemberment (AD&D) benefits Disability Income coverage: Fully -integrated products create seamless transitions between short and long-term disability claims. A dedicated claims manager also simplifies the process. • Fully -insured, self-funded and voluntary group Short Term and Long Term Disability Income coverages • Voya Absence Resources services can be added for administration of the employer's absence management program (Voya Absence Resources services are provided by FMLASource®, Inc.) 'Critical Illness is known as Specified Disease in some states. This is a summary only. The policy, certificate and riders should be reviewed for complete provisions, conditions on benefit determination, exclusions and limitations. Product availability and specific provisions may vary by state. Page 1 PLAN Issued by ReliaStar Life Insurance Company INVEST \ / A member of the Voya® family of companies PROTECT V FINANCIAL Stop Loss Proposal for City of Paducah Individual Excess Risk Insurance Plan Effective Date Coverages Individual Deductible Policy Year Maximum Lifetime Maximum Coverage Period Benefit Percentage Rates Include Commissions of: Endorsements Renewal Rate Cap Individual Advanced Funding Plan Mirroring Coordination Coverage Description Composite Cost Estimated Monthly Costs Estimated Annual Costs Signature- ignature: Date- Date: Option Option #1 Page 2 Issued by Reliastar Life Insurance Company A member of the Voya® family of companies Enrollment 281 Option 1 Option 2 � 1 11 Optic January 1, 2023 January 1, 2023 January 1, 2023 Medical, Rx Medical, Rx Medical, Rx $ 175,000 $ 200,000 $ 225,000 Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited 24/12 24/12 24/12 100% 100% 100% None None None 50.00% 50.00% 50.00% Included Included Included Included Included Included $ 87.60 $ 71.67 $ 61.50 $ 24,616 $ 20,139 $ 17,282 $ 295,387 $ 241,671 $ 207,378 PLAN ` , A INVEST V y PROTECT FINANCIAL 11 Aggregate Excess Risk Insurance Plan Effective Date Coverages Aggregate Adjustment Corridor Individual Deductible Maximum Annual Reimbursement Coverage Period Rates Include Commissions of: Coverage Description Enrollment Composite 281 Monthly Aggregate Corridor` PEPM 281 Minimum Annual Aggregate Deductible Option 1 I Option 2 I Optic January 1, 2023 January 1, 2023 January 1, 2023 Medical, Rx Medical, Rx Medical, Rx 125% 125% 125% $ 175,000 $ 200,000 $ 225,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 24/12 24/12 24/12 None None None $6.87 $7.41 $7.90 $ 805.97 $ 818.01 $ 825.91 $ 2,310,071 $ 2,344,581 $ 2,367,224 "Monthly Aggregate Corridor means the Monthly Aggregate Factor (amount of expected claims per month per covered person) multiplied by the Aggregate Adjustment Corridor. Signature- Date- Option ignature: Date:Option #1 Page 3 Issued by Reliastar Life Insurance Company A member of the Voya® family of companies PLAN ` , A INVEST V y PROTECT FINANCIAL A Proposal for City of Paducah Account Assumptions Situs State Network Kentucky 2023-01 BlueCross BlueShield (State) Individual Excess Risk Rate Guarantee 12 months Claim Administrator Anthem Blue Cross Blue Shield (KY) Actively -at -Work Proposal Expiration Waived October 12, 2022 This is a summary of certain benefit and rating features associated with this offer. A complete description of benefits, limitations, exclusions and termination of coverage will be provided in the group policy and endorsements. If there is any discrepancy between this document and the group policy documents, the policy documents will govern. To keep coverage in force, premiums are payable up to the date of policy termination. Excess Risk (Stop Loss) Insurance is underwritten by ReliaStar Life Insurance Company (Minneapolis, MN), a member of the Voya® family of companies. Policy form #: RL-SL-POL-2013. Form numbers, provisions and availability may vary by state. Product Assumptions The following apply to all quoted plans: No fully insured lives are covered. In addition to base commissions, certain brokers and/or service providers may receive compensation related to factors such as overall sales of Company products, total premium for products sold through the broker/service provider, growth in the number of customers, and retention of existing customers. Compensation and fees may also be paid to brokers and/or service providers for administrative services in connection with Company products. Please contact us if you would like additional detail on compensation and fees payable on your case. Quote assumes pharmacy benefits are not carved out to a separate Pharmacy Benefit Manager. Plan designs and contribution levels are assumed as submitted to underwriting. Any changes may require an adjustment to the individual excess risk rates and/or monthly aggregate corridor. Plan must have medical case management and utilization review. All claims are reported/paid in U.S. dollars. The monthly aggregate corridor cannot be finalized more than 90 days prior to the effective date. Claims data must include a minimum of 9 months in the most recent experience period. Any costs charged by the claim administrator for reports required to substantiate claims will be paid by the employer. The proposal is based on the data submitted. Any changes to this data may allow us to modify the proposal. There is no coverage for retirees. We reserve the right to re -underwrite if an increase or decrease in the number of Covered Persons and Covered Dependents exceeds 15%. Premium rates were adjusted via filed and approved underwriting discretion in consideration of the carrier reporting fees assessed by the PBM or TPA, which are directly associated with the claims information we require to administer our Policy. Renewal Rate Cap Endorsement guarantees your subsequent year's renewal will be capped at 50% and no new individual adjusted deductible will apply (laser free renewal). Rates are firm through October 12, 2022 date. Page 4 PLAN Issued by ReliaStar Life Insurance Company INVEST \ / A member of the Voya® family of companies PROTECT V FINANCIAL A Proposal for City of Paducah Stop Loss Insurance Exclusions and Limitations and Disclosure Information Eligible excess risk expenses do not include the following, whether or not such expenses are covered under the employee benefit plan, unless otherwise specifically included in the Excess Risk Schedule. These may vary by state and by group. * Any portion of an expense that you are not obligated to pay under the employee benefit plan, or that is reimbursable to you pursuant to or because of another group health benefit program; or the covered person or covered dependent is covered under, or eligible for, Medicare, the Railroad Retirement Program, Worker's Compensation, or any similar federal, state or local program or statute; or any coordination of benefits or non -duplication of benefits provision of the employee benefit plan; Benefits paid under the employee benefit plan that are in excess of usual and customary charges; Expenses associated with the administration of the employee benefit plan including, but not limited to, claim payment fees, PPO access fees, premium functions, medical review and consultant fees unless otherwise payable under the Reimbursement of Certain Fees provision; Expenses paid by you or the claim administrator relating to any litigation concerning the employee benefit plan, including, but not limited to, attorneys' fees, legal or investigative expenses, expert fees, extra -contractual damages, compensatory damages and punitive damages; Benefits paid for expenses incurred outside of the U.S. except in emergency situations. Emergency situations are defined as instances of a serious injury, the onset of a serious condition that requires immediate medical intervention to prevent death, or a serious impairment of health. Emergencies do not include elective care or care of minor illness or injury; Expenses that are experimental or investigational; or Benefits paid under the employee benefit plan for individuals who should have been, but were not, included in the most recent Disclosure Agreement. The Disclosure Reports must be provided to us no earlier than 90 calendar days prior to the policy's effective date or renewal date, as applicable. Should we require any additional information, we will notify the plan sponsor and/or its designated representative in writing no later than 20 calendar days following receipt of the Disclosure Reports. Any firm quote is void unless accepted by the plan sponsor in writing within 35 days from the date we have provided a firm quote. Page 5 PLAN Issued by Reliastar Life Insurance Company INVEST \ / A member of the Voya® family of companies PROTECT V FINANCIAL A Proposal for City of Paducah Definitions Stop Loss Insurance Terms (may vary by state) The following section provides a brief overview of Stop Loss Insurance endorsements. Benefit provisions may vary by state and endorsements may not be available in all states. Please ask your Voya Employee Benefits Sales Representative for more information. Renewal Rate Cap Upon contract renewal, premium will not exceed an agreed upon percentage. Also, no new Individual Adjusted Deductible will apply (laser free). Plan Mirroring Coordination Allows for reimbursement of eligible expenses that are covered under the employee benefit plan. Individual Advanced Funding Allows for advanced reimbursement for eligible individual claims that exceed the individual deductible. Endorsement Form numbers (may vary by state): Individual Advanced Funding Endorsement form -SL-IAF-2013 Plan Mirroring Coordination Endorsement form -SL-PM-2013 Renewal Rate Cap Endorsement form -SL-RRC-2013 Page 6 PLAN Issued by Reliastar Life Insurance Company INVEST \ / A member of the Voya® family of companies PROTECT V FINANCIAL A Proposal for City of Paducah About Voya Financial® Voya Financial, Inc. (NYSE: VOYA), helps Americans plan, invest and protect their savings - to get ready to retire better. Serving the financial needs of approximately 13.8 million individual and institutional customers in the United States, Voya is a Fortune 500 company that had $8.5 billion in revenue in 2018. The company had $467 billion in total assets under management and administration as of December 31, 2018. With a clear mission to make a secure financial future possible - one person, one family, one institution at a time - Voya's vision is to be America's Retirement Company®. Certified as a "Great Place to Work" by the Great Place to Work® Institute, Voya is equally committed to conducting business in a way that is socially, environmentally, economically and ethically responsible and has been recognized as one of the 2019 World's Most Ethical Companies® by the Ethisphere Institute, as well as one of the Top Green Companies in the U.S., by Newsweek magazine. For more information, visit voya.com. Follow Voya Financial on Facebook and Twitter Vo a. Voya's Employee Benefits business is a top provider of stop loss coverage in the U.S. In addition, Voya provides a comprehensive and highly flexible portfolio of life, disability, voluntary insurance products and health savings and spending accounts to businesses covering 6.2 million individuals through the workplace. The business has more than 90 years of experience in the design, implementation and administration of employee benefit plans, and offers a full range of voluntary products that include critical illness, accident and hospital confinement indemnity insurance. F-AMT,iW.F"m eRAI Reni NroW 2019 World's Most Ethical Companies° Ethisphere Institute In 2019, Voya was honored as a 2019 World's Most Ethical Companies® by the Ethisphere Institute, a global leader in defining and advancing the standards of ethical business practices, for the sixth consecutive year. Best Places to Work for LGBT Equality Human Rights Campaign, Corporate Equality Index Perfect Score For the 13th consecutive year, Voya has received a perfect score of 100% on the Human Rights Campaign (HRC) Foundation's 2018 Corporate Equality Index (CEI). This survey assesses American workplaces on lesbian, gay, bisexual and transgender (LGBT) equality. To achieve a perfect score and the distinction of "Best Places to Work for LGBT Equality," companies must have fully inclusive equal employment opportunity policies, provide equal employment benefits, demonstrate organizational LGBT competency, evidence their commitment to equality publicly and exercise responsible citizenship. Page 7 PLAN Issued by Reliastar Life Insurance Company INVEST \ / A member of the Voya® family of companies PROTECT V FINANCIAL Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve the renewal of Group Life Insurance with Mutual of Omaha effective January 1, 2023 - PEEL & HOLLAND Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Peel & Holland Background Information: The City currently uses Mutual of Omaha to provide employees with group life insurance and offers other voluntary life insurance products to employees. Mutual of Omaha also provides our Employee Assistance Program (EAP) at no extra charge, allowing employees and their household members six counseling sessions per year. The City had a 2 -year hold rate. The renewal effective January 1, 2023, offers all the same products for an annual amount of $50,276.16 Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Sign an agreement to provide life insurance and EAP services to employees with Mutual of Omaha. Attachments: 1. MO - Group Life Insurance Mutual of Omaha 2023 2. City of Paducah 2023 Mutual of Omaha w signature MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND ADOPTING THE GROUP LIFE INSURANCE BENEFITS PROPOSAL WITH MUTUAL OF OMAHA IN A TOTAL ANNUAL GROUP PREMIUM AMOUNT OF $50,276.16 FOR EMPLOYEES OF THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approves and adopts the following group life insurance premiums for employees of the City of Paducah: LIFE CURRENT MONTHLY PREMIUM RENEWAL MONTHLY PREMIUM RENEWAL MONTHLY PREMIUM CHANGE $3,788.07 $4,079.46 $291.39 1: 1 CURRENT MONTHLY PREMIUM RENEWAL MONTHLY PREMIUM RENEWAL MONTHLY PREMIUM CHANGE $110.25 $110.25 $0.00 SECTION 2. That the City of Paducah hereby accepts and approves the Group Insurance Renewal with Mutual of Omaha Insurance Company, for Basic Term Life and AD&D, Voluntary Term Life and AD&D, and the Employee Assistance Program (EAP) for the employees of the City of Paducah and authorizes the Mayor to execute all documents related to same. SECTION 3. That the premiums for the Group Life Insurance Plan, for employees of the City of Paducah, adopted in Section 1 & 2 above, shall become effective January 1, 2023. SECTION 4. This expenditure will be charged to various accounts. SECTION 5. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 \mo\Group Life Insurance Mutual of Omaha 2023 W/1 MuruaU9`0maHa Renewal Information and Exhibits Prepared For: City of Paducah Group ID: GOOOBVFL Renewal Effective Date: January 1, 2023 Generated on: September 16, 2022 Mutual of Omaha - Confidential MOTUdL-JOMdHa Thank you for choosing Mutual of Omaha Insurance Company or one of its affiliates, as City of Paducah's benefits provider. It has been our pleasure to provide City of Paducah with group benefits and services that are unique to its needs. We are committed to providing unparalleled service that will meet the needs of our customers. Each renewal period, we analyze current benefit and rate structures to determine the appropriate rates for continued group insurance protection for your valued employees. This process includes recalculation of the premium rates to reflect factors like: • Plan features • Demographics • Experience • Any adjustments to our underlying rate structure Based on our review, please find below the renewal rates for City of Paducah's benefit plans. We appreciate your business and look forward to the continued opportunity to meet your group insurance needs. Renewal Contact Information Jenni Kremer Sr Renewal Executive Nashville Group Office 615/416-6473 Jenni.Kremer@mutualofomaha.com MUTUdL°V'OmdHa CITY OF PADUCAH LIFE AND AD&D Rate Guarantee Period - January 1, 2023 to January 1, 2025 Additional Value Added Services Included - Employee Assistance Program (EAP), Travel Assistance/Identity Theft Assistance Life Current Monthly Premium Renewal Monthly Premium Renewal Monthly Premium Change $3,788.07 $4,079.46 $291.39 Class Description All Eligible Active City Managers All Other Eligible Active Employees All Eligible Retirees (Closed Class) All Eligible Active AFSCME Employees All Eligible Active Police Employees All Eligible Active Fire Employees Employee Rate Basis - per $1,000 Lives Volume Current Rate Renewal Rate 443 $4,856,500 $0.78 $0.84 Current Monthly Premium Renewal Monthly Premium Renewal Monthly Premium Change $110.25 $110.25 $0.00 Class Description All Eligible Active City Managers All Other Eligible Active Employees All Eligible Retirees (Closed Class) All Eligible Active AFSCME Employees Class Description All Eligible Active Police Employees All Eligible Active Fire Employees Employee Rate Basis - per $1,000 Lives Volume Current Rate Renewal Rate 147 $5,512,500 $0.02 $0.02 MuTuaLefOmaea CITY OF PADUCAH VOLUNTARY LIFE AND AD&D Rate Guarantee Period - January 1, 2023 to January 1, 2025 Voluntary Life Current Monthly Premium Renewal Monthly Premium Renewal Monthly Premium Change $2,508.80 $2,508.80 $0.00 Class Description All Eligible Active Employees Employee & Spouse Rate Basis - per $1,000 Age of Employee Lives Volume Current Rate Renewal Rate Less than 24 0 $0 $0.09 $0.09 25-29 11 $1,320,000 $0.09 $0.09 30-34 10 $1,340,000 $0.10 $0.10 35-39 15 $1,880,000 $0.12 $0.12 40-44 8 $980,000 $0.19 $0.19 45-49 6 $420,000 $0.32 $0.32 50-54 12 $1,380,000 $0.53 $0.53 55-59 6 $340,000 $0.82 $0.82 60-64 4 $290,000 $1.29 $1.29 65-69 2 $130,000 $2.31 $2.31 70-74 0 $0 $4.13 $4.13 75-79 0 $0 $6.81 $6.81 80-84 1 0 $0 1 $13.80 1 $13.80 85-89 0 $0 $13.80 $13.80 90-100 0 $0 $13.80 $13.80 Child(ren) Rate Basis - per $1,000 Lives Volume Current Rate Renewal Rate 18 $180,000 $0.14 $0.14 Voluntary AD&D Current Monthly Premium Renewal Monthly Premium Renewal Monthly Premium Change $404.00 $404.00 $0.00 Class Description All Eligible Active Employees Employee & Spouse Rate Basis - per $1,000 Lives Volume Current Rate Renewal Rate 74 $8,080,000 $0.05 $0.05 Signature: Date: Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve the City Manager and Parks & Recreation Director as the City of Paducah's appointments to the Project Working Group for the Athletic Complex Project - D. JORDAN Category: Municipal Order Staff Work By: Daron Jordan, Lindsay Parish, Amie Clark Presentation By: Daron Jordan Background Information: On September 7, 2022, the City of Paducah approved an Interlocal Cooperation Agreement with the McCracken County Sports Tourism Commission and McCracken County Fiscal Court for the Athletic Complex. Section 1.4 of the Interlocal Agreement authorizes the development of a project working group which allows the City to designate up to two (2) individuals to serve on the working group as representatives of the City. This Municipal Order directs that the City's appointments to the working group shall be the City Manager (or his proxy/designee) and the Director of Parks & Recreation (or her proxy/designee). Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Cl - Outdoor Sports Facilities - Bluegrass Downs and Stuart Nelson Park Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO - Athletic Complex Working Group City Manager and Parks Director Appointment MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING DESIGNATING THE CITY MANAGER AND DIRECTOR OF PARKS & RECREATION AS THE CITY OF PADUCAH'S APPOINTMENTS TO THE ATHLETIC COMPLEX PROJECT WORKING GROUP WHEREAS, on September 7, 2022, the City of Paducah approved an Interlocal Cooperation Agreement with the McCracken County Sports Tourism Commission and McCracken County Fiscal Court for the Athletic Complex; and WHEREAS, Section 1.4 of the Interlocal Agreement authorizes the development of a project working group which allows the City to designate up to two (2) individuals to serve on the working group as representatives of the City; and WHEREAS, the City wishes to appoint the City Manager and the Director of Parks & Recreation to the Working Group. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City hereby designates the City Manager and the Director of Parks & Recreation as the City of Paducah's appointments to the Athletic Complex Project Working Group. If for any reason the City Manager or the Director of Parks & Recreation is unable to attend any meeting of the working group, each appointee may designate a proxy to attend the meeting and act on their behalf. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 MO\Athletic Complex Working Group City Manager and Parks Director Appointment Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Authorize the City Manager to issue a Request for Proposals for Telecommunications Franchises - M. SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen, Daron Jordan, Lindsay Parish, Rick Murphy, Jonathan Perkins Presentation By: Michelle Smolen Background Information: On August 9, 2022, the City Commission adopted Ordinance No. 2022-08-8745 which repealed and replaced Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah. The City is now ready to issue a Request for Proposals for the creation of telecommunication franchises within the City of Paducah. This Municipal Order authorizes and directs the City Manager to issue and advertise a Request for Proposals for non-exclusive telecommunications franchises in accordance with Ordinance No. 2022-08-8745. All recommended franchise agreements will be brought back to the City Commission for approval and execution at the conclusion of the RFP review process. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: The RFP will be advertised on the City website, published in the Paducah Sun, and sent to known potential franchisees. Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO - RFP — Telecommunications Franchise 2022 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR PROPOSALS FOR A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE IN PADUCAH, KENTUCKY, IN ACCORDANCE WITH CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES WHEREAS, on August 9, 2022, the City Commission adopted Ordinance No. 2022-08-8745 which repealed and replaced Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah; and WHEREAS, the City is now ready to issue a Request for Proposals for the creation of non-exclusive telecommunication franchises within the City of Paducah. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Manager is hereby authorized and directed to develop, advertise and initiate a Request for Proposals for the purpose of soliciting non- exclusive telecommunication franchises within the City of Paducah. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 MO\RFP — Telecommunications Franchise 2022 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Authorize the City Manager to issue a Request for Proposals for the Development of 318 Broadway Street - Kresge Site - D. JORDAN & N. HUTCHISON Category: Municipal Order Staff Work By: Nicholas Hutchison, Daron Jordan Presentation By: Daron Jordan, Nicholas Hutchison Background Information: This Municipal Order authorizes the City Manager to issue a Request for Proposals from qualified firms for the opportunity to purchase and develop City -owned property located at 318 Broadway Street. The City acquired the site following condemnation of a building (former Kresge Building) located there and has recently demolished the building, clearing space for development. The site is 17,250 square feet (0.39 acres) with 98.75 feet of available storefront facing the well -trafficked Broadway Street. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Beautification & Downtown Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: MO RFP — 318 Broadway Street Kresge RFP Authorization MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR PROPOSALS FOR DEVELOPMENT OF THE PROPERTY AT 318 BROADWAY STREET WHEREAS, the City acquired the site located at 318 Broadway Street following condemnation of a building (former Kresge building); and WHEREAS, the building has recently demolished which has cleared space for development; and WHEREAS, the City now wishes to issue a Request for Proposals for the purchase and development of the site. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Manager is hereby authorized and directed to develop, advertise and initiate a Request for Proposals for the purchase and development of 318 Broadway Street. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, October 11, 2022 Recorded by Lindsay Parish, City Clerk, October 11, 2022 MO\RFP — 318 Broadway Street Kresge RFP Authorization Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Approve the closing of a 20' wide, 192' long alley west of Cruse Avenue between North 32nd Street and Marianne Drive - R. MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Josh Sommer Presentation By: Rick Murphy Background Information: The following adjacent property owner has submitted an executed application requesting the closure of 20' wide, 192' long alley between 695 Cruse Avenue and 723 Cruse Avenue between North 32nd Street and Marianne Drive Jim Chapman On September 8 2022, 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 Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closure of a 20' wide, 192' long alley between 695 Cruse Avenue and 723 Cruse Avenue between North 32nd Street and Marianne Drive and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owner. Attachments: 1. ORD - alley — Cruse Avenue between North 32nd Street and Marianne Drive 2. Alley Closure _Cruse Ave 695-723_Plat 3. Alley Closure _Cruse Ave 695-723_Application 4. Alley Closure—Cruse Ave 695-723_PC Resolution (1) ORDINANCE NO. 2022 - AN ORDINANCE PROVIDING FOR THE CLOSING OF A 20' WIDE, 192' LONG ALLEY WEST OF CRUSE AVENUE BETWEEN NORTH 32ND STREET AND MARIANNE DRIVE; 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 a 20' wide, 192' long alley between 695 Cruse Avenue and 723 Cruse Avenue between North 32nd Street and Marianne Drive, as follows: 20' ALLEY CLOSURE - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.93445 and being generally located on the west side of Cruse Avenue and south of Marianne Drive, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a 1/2" rebar and cap stamped "BFW KJW #3445" (set), being 25.0 ft. west from the centerline of Cruse Avenue and 755.5 ft. south of the centerline of Marianne Drive, said point also being in the north line of a 20' alley, said point also being the southeast corner of the TC -3 LLC property (recorded in Deed Book 1343, Page 356); Thence with the west right-of-way of Cruse Avenue, S 1°54'04"W a distance of 20.00 ft. to a 1/2" rebar and cap stamped `BFW KJW 93445" (set), said point being in the south line of a 20' alley, said point also being the northeast corner of the TC -3 LLC property (recorded in Deed Book 1463, Page 169); Thence leaving the above said right-of-way and along the south line of above said 20' alley, N88°05'56"W a distance of 192.00 ft. to a 1/2" rebar and cap stamped "BFW KJW 93445" (set), said point being the northwest corner of the TC -3 LLC property (recorded in Deed Book 1463, Page 169), said point also being in the east right-of-way line of a 16' alley; Thence along the above said east right-of-way of a 16' alley, N1°10'21"E a distance of 20.01 ft. to a pinched pipe (found), said point being in the north line of a 20' alley, said point also being the southwest corner of the TC -3 LLC property (recorded in Deed Book 1343, Page 356); Thence along the north line of above said 20' alley, S88°05'43"E a distance of 192.25 ft. to the Point of Beginning. The above described Tract contains 3,844 square feet (0.088 acres). 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. Jim Chapman owns the property abutting the public way which the Board of Commissioners has authorized to be closed; and a Public Right -of -Way Closure Application and Guarantee has been filed. b. On the 8' day of September, 2022, 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 alley and public way. C. Jim Chapman is the only property owner in or abutting the public way; and therefore, have given his written and notarized consent to the closing as is evidenced by the Public Right -of -Way Closure Application attached hereto and made 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 all documents necessary related to the alley closing as authorized 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. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, September 27 ,2022 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\eng\st close\alley— Cruse Avenue between North 32nd Street and Marianne Drive 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 Noadopted by the Board of Commissioners of the City of Paducah at a meeting held on City Clerk .... . ... .... . .. ..... F. ne �dm�s30 n3N om.l.; :%•. �� AN:IfLLN3N 'NtlJllOtld W W v --- r- 3fIN33r�tl 35naJ °T £—°1 !0 Ala3dDad 2 31v MfNAoa3��3x1 NO WNNAe w.nvaa�/� zzoz/cz/c�a.va cstzz�i�3r°aa NV WNUOMZ13W21VJNOJtl9 3arsoxl •3nv VJ �¢ IIS le I fl j _ oa�o to to j o s WE o.. �Qua� - e�3 - - W — �soB F o8 Nv. to IQ j io to ii j" S k O m z — F v — o , a ° so< o o a� `s= ass — aim ml44 � aay wW ; I I-a;o ass w N wso �Dc S° z — �g`$3 I I I I o�g 1317V .91 i ti\ w� I � a v. C1 — v i I I tii - I o SII a 1 w a w N u e a - °.,aa,,� wzop z - al m� I ZI IIS p O �s- Date: 8-10-2022 Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right -of -Way: 20' public alley (west of Cruse Avenue 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: Signature fi Property Owner Property Owner's Name Printed 4 C�ro,,tu) Cy Address�� Signature of Property Owner Property Owner's Name Printed STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this day of 20 by 4-fvv My Commission expi lic, STATE OF KENTUCKY COUNTY OF McCRACKEN E The foregoing instrument was sworn to and acknowledged before me this day of , 20_ by My Commission expires Address Notary Public, State at Large SEAL A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED CLOSING OF A 20' WIDE, 192' LONG ALLEY WEST OF CRUSE AVENUE BETWEEN NORTH 32ND STREET AND MARIANNE DRIVE. WHEREAS, a public hearing was held on September 8, 2022 by the Paducah Planning Commission after advertisement pursuant to law, and WHEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, this Commission adopted a proposal to vacate and close a 20' wide, 192' long alley west of Cruse Avenue between North 32nd Street and Marianne Drive. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION: SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners of the City of Paducah to close said Rights -of -Way as follows: 20' ALLEY CLOSURE - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Cruse Avenue and south of Marianne Drive, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a %" rebar and cap stamped `°BFW KJW #3445" (set), being 25.0 ft. west from the centerline of Cruse Avenue and 755.5 ft. south of the centerline of Marianne Drive, said point also being in the north line of a 20' alley, said point also being the southeast corner of the TC -3 LLC property (recorded in Deed Book 1343, Page 356); Thence with the west right-of-way of Cruse Avenue, Sl°54104"W a distance of 20.00 ft. to a %11 rebar and cap stamped `BFW KJW #3445" (set), said point being in the south line of a 20' alley, said point also being the northeast corner of the TC -3 LLC property (recorded in Deed Book 1463, Page 169); Thence leaving the above said right-of-way and along the south line of above said 20' alley, N88°05'56"W a distance of 192.00 ft. to a %" rebar and cap stamped °BFW KJW #3445" (set), said point being the northwest corner of the TC -3 LLC property (recorded in Deed Book 1463, Page 169), said point also being in the east right-of-way line of a 16' alley; Thence along the above said east right-of-way of a 16' alley, Nl°10'21"E a distance of 20.01 ft. to a pinched pipe (found), said point being in the north line of a 20' alley, said point also being the southwest corner of the TC -3 LLC property (recorded in Deed Book 1343, Page 356); Thence along the north line of above said 20' alley, S88°05143"E a distance of 192.25 ft. to the Point of Beginning. The above described Tract contains 3,844 square feet (0.088 acres). 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 Resolution 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 Resolution 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 these Right - of -Ways shall be forwarded to the Board of Commissioners with this Resolution. eAt Cathy Cre i s, Chairwoman Adopted by the Paducah Planning Commission on September 8, 2022 Agenda Action Form Paducah City Commission Meeting Date: October 11, 2022 Short Title: Zoning Text Amendments - J. SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: The Paducah Planning Commission has forwarded a favorable recommendation to the Board of Commissioners to approve text changes to Section 126-32 Zoning of Annexed Land; Section 126-76 Sign regulations; Section 126-98 Accessory Dwelling Unit (ADU); Section 126-120 Neighborhood Services Zone, NSZ and Section 126-176 Planning Commission Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth & Housing Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: 1. ORD 126 Zoning Text Amendment — Annexed Land, signs, ADU, NSZ, Planning 2. Signed Resolution TEXT AMENDMENT PADUCAH BOARD OF COMISSIONERS CASE No. TXT2022-0003 TITLES 126-32 Zoning of annexed land; 126-76 Sign regulations; 126-98 Accessory dwelling unit (ADU); 126-120 Neighborhood Services Zone, NSZ; 126-162 Planning Commission DESCRIPTION Text change to provide for: • Initial zoning policy upon annexation. • Clarify time limits for certain temporary signs. • Clarify sign size requirements in commercial and industrial zones. • Clarify the location of accessory dwellings units to be outside of a principal structure. • Add bed and breakfasts as a conditional use in the Neighborhood Services Zone. • Bring public hearing requirements into compliance with KRS 100 and KRS 424. • Change when development plans are needed in certain instances. • Remove the requirement for a sketch plan for the consideration of preliminary development plans in order to be more business friendly. PROCEDURAL NOTE Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission has forwarded a positive recommendation to the Board of Commissioners for the adoption of the following text amendments on September 8, 2022. CONSIDERATIONS Currently, newly annexed territory receives an automatic R -I Low Density Residential Zone designation. However, it is staff's belief the R-1 Zone was to be temporary while a new zone is petitioned for. In order for the property to maintain the flexibility of uses pursuant to KRS 100.209, staff, working through legal counsel, hopes to establish zoning at the same time as annexations takes place. The sign code currently has specific time limits for different temporary signs. In order to comply with Reed v. Gilbert to keep from signs being read to determine which kind of sign is present, uniform time limits have been applied to all temporary signs. Additionally, structures in commercial or industrial zones would be allowed to have at least one wall sign per facade, up to 20% of the total fagade. To avoid confusion on signage calculations, a clarification has been made that the first 30 feet of height of a fagade shall be utilized to calculate wall signage. Initially, it was construed it was 30 linear feet. This clarification helps to maintain scale, balance and viewshed. When the Accessory Dwelling Unit (ADU) text was adopted, it was the intent for ADUs to be separate structures. As currently written, a two-family structure could be construed to be a primary structure with an adjoined ADU. This text amendment clarifies the intent of the ADU regulations. The Neighborhood Services Zone (NSZ) currently does not have bed and breakfasts as a conditional use. The NSZ has several principally permitted uses promulgating from the R-4 High Density Residential Zone, such as places of worship, multi -family dwellings, home occupations, professional offices and daycares. The NSZ also allows higher -intensity uses as conditional uses such as retail and restaurants. STAFF REPORT (continued) page 2 of 16 Since a bed and breakfast is a principally permitted use in the R-4 Zone, is it reasonable to conclude this type of land use be conditionally permitted in the NSZ due to other similar uses in the R-4 Zone and higher -intensity uses being conditionally approved. The Historic and Architectural Review Commission (HARC) is the body that approves conditional uses in the NSZ. The Zoning Ordinance stipulates when development plans are required. However, it is staff's opinion that there are times when development plans should not be required in very limited cases. Most of the developments in rezoning cases, planned unit developments, multiple principal structures and locations in the MU and A-1 Zones will require a development plan to ensure traffic circulation, compatibility with the neighborhood, site impacts, setbacks and other facets of development review. An example of when a preliminary development plan may not be required is in the case of 4955 Alben Barkley Drive, zoned R-4 High Density Residential Zone. This is an approximate 34,473 square foot lot that contains an approximate 2,210 square foot single-family home that has been for sale or rent many times in recent years. The driveway traverses down the bank of Alben Barkley Drive. The house sits approximately 18.5 feet from the front property line, thereby making it a nonconforming structure. The prescribed front yard setback in the R-4 Zone is 25 feet. The property owner has explored and discussed with staff the possibility of rezoning the property from R- 4 High Density Residential to B-1 Convenience & Service Zone to better position the property for a higher and better use. The B-1 Zone lies to the east of this property; therefore, it would be a continuation of the B-1 Zone. A commercial office building and two-family structure is located to the west of this site, commercial uses to the east, a single-family home to the north and West Kentucky Community and Technical College across Alben Barkley Drive to the south. Traffic counts on Alben Barkley Drive range from 9,208 vehicles a day at St. Thomas Moore church to 9,696 vehicles a day at South 40th Street. The Future Land Use Map shows the property to be "Business Park" in the future, and not residential. STAFF REPORT (continued) 00a IIWA ANOW page 3 of 16 Based on the following Findings of Fact, staff would request a preliminary development plan be waived: I . The zone change would comply with the Future Land Use Map. 2. The surrounding properties are shown as Business Park and not residential. 3. Traffic counts range between 9,208 to 9,696 vehicles a day. 4. The single-family home is nonconforming with respect to the front yard setback. 5. Medical uses are located to the east, office uses to the west and educational facilities are located to the south. 6. B-1 Convenience & Service Zone is located to the east of this site; therefore, this would be a continuation of the B-1 zone. 7. This home is the only residential structure along Alben Barkley Drive between Interstate 24 and Pecan Drive. The Findings of Fact speak to the highest and best use of this property being a commercial use. Therefore, staff is of the opinion a preliminary development would not be required. Another instance of when preliminary development plans would not be required is when a structure is already constructed on the property. This has been the case in the past for properties such as Banks Market, Hucks, Tenacity Training and Finish Line Car Wash. As currently written, a sketch plan is required before the preliminary development plan. However, since 1992 when this section was adopted, the Planning and Engineering Departments have developed a specific guideline of items needed for a site plan. Web based platforms such as Open Counter and our GIS mapping site have been developed. The sketch plan has become obsolete has the City Code of Ordinances (containing the zoning regulations therein) are publicly available and other technological advances have allowed developers to produce preliminary development plans that are highly detailed. STAFF REPORT (continued) TEXT AMENDMENT The proposed amendment is as follows: Sec. 126-32 - Zoning of annexed land. page 4 of 16 Upon annexation of new afeas by the eity, sueh afeas shall be plaeed in an R 1 zone elassifieation. Withi shall establish and a&e.tise, as feli-ifedby law, ap4lie heaftingto zone the !and in . All land use regulations that applied to the property shall be preserved as before the annexation, pursuant to KRS 100.209. If no action is taken to initially zone the property within sixty (60) days by either the Board of Commissioners or the Planning Commission, the property shall automatically be assigned the R-1 Low Density Residential Zone. Sec. 126-76. - Sign regulations. (a) Purpose. (b) Findings. (c) Applicability and message neutrality. (d) Definitions. (e) Prohibited signs. (f) Exempt signs. (g) Temporary signs. (1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not classified as exempt signs shall: a. Be allowed on private property only. Sandwich board signs may be allowed on public rights-of- way in accordance with subsection (7). b. Be placed only by the property owner, or with the property owner's permission. c. Not diminish public safety such as placement in a sight visibility triangle. d. Not be mounted on a roof. e. Not be illuminated indirectly or internally. f. Be in Mace for a beriod not to exceed sixtv-seven (67) consecutive days. at which time the sign must be removed or replaced with a different sign. (2) Construction signs. During a construction period, signs may be placed to announce construction. a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square feet in non-residential areas. E. Stieh signs shall be r-emovedwithiaten (10) days after- eempleting eensti=Retion. (3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall: a. Be a maximum of twenty (20) square feet when located in residential zones; b. Be a maximum of fifty (50) square feet when located in non-residential zones; and c. Be limited to one (1) sign per parcel for each street frontage. STAFF REPORT (continued) (4) Pole banners_ page 5 of 16 a. Be a maximum of twelve and one-half (12.5) square feet when located in residential zones. b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones. c. All banners shall be securely affixed to a mounting structure. d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent sign. e. Banner materials shall be weather -resistant fabric, plastic or vinyl. f. Poles and materials must be compatible and compliant with design standards if placed in a historic district. g. The City reserves the right to remove any pole banners at any time. (5) Street banners_ a. In order to promote events of a civic and public nature in the Downtown or other commercial areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles equipped by the City for such purposes. b. Generally, it shall be unlawful for any person to suspend any banner across or along any street, sidewalk or other public way of the City for any purpose. c. Banners reflecting a price, a business; or the promotion of goods or services are prohibited. d. Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace Park or Fountain Avenue for example). Different districts may have different themes at the same time. e. Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or disruption in vehicular or pedestrian traffic. f. The City reserves the right to remove any banner at any time. (6) Special events. Signs promoting a special event may be placed no more than sixty (60) days prior to the event and shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be placed on the property on which the event shall take place and shall not exceed thirty-two (32) square feet. (7) Sandwich board signs. a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than twenty-four (24) inches; b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width; c. All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not interfere with pedestrian or vehicular traffic. d. The sign must be constructed of weather resistant materials and shall be maintained in good repair. (8) During times of election. During times of primary, state or federal elections involving candidates from federal, state or local office that represents the district in which the property is located or involves an issue on the ballot within the district where the property is located, one (1) additional temporary sign per issue or candidate shall be allowed. Stie , additional signs shall be alto .oa STAFF REPORT (continued) (9) Additional temporary signs are allowed as follows: page 6 of 16 a. During times of sale or rent. One (1) additional temporary sign may be located on a property subject to the following parameters: 1. The owner consents and the property is being offered for sale or rent through a licensed real estate agent; 2. The property is offered for sale or rent by the property owner through advertising in local media; and 4. 3. Said sign shall not exceed four (4) square feet. b. During times property is open to the public. One (1) additional temporary sign may be located on the property on a day when the property owner is opening the property to the public; however, the owner may not use this type of sign for more than fifteen (15) days a year. Such sign may not exceed four (4) square feet. c. One (1) additional temporary sign shall be allowed upon submittal of a final development application or issuance of a building permit and shall terminate upon the issuance of any certificate of occupancy or for approval to connect to electric power for the work authorized by the building permit. Such sign shall not exceed four (4) square feet. (h) Permit requirements. (i) Signs exempt from permit requirements. 0) Nonconforming signs. (k) Illegal signs. (1) General regulations. (m) Signs allowed by specific zoning district. (n) Residential and Mixed -Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MU) (o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM, POP,- and A-1). (1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three hundred (300) linear feet of street frontage. a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in height and shall have a minimum setback of five (5) feet. When street frontage permits two (2) signs, the freestanding signs may be combined into one (1) freestanding sign that shall not exceed one hundred ten (I 10) square feet. For buildings with more than one (1) occupying business, this freestanding sign may list all businesses within the building. b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in height and shall have a minimum setback of five (5) feet. (2) There shall be a maximum of four (4) wall, canopy or awning signs per building or structure. The maximum allowed area for all signage in these zones is thirty-two (32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is attached, whichever is greater. A maximum of the first thirty (30) feet of the height of the facade shall be used to calculate the square footage area of a wall STAFF REPORT (continued) page 7 of 16 sign. Awnings shall have at least seven (7) feet of clearance when fully extended. When a building contains two (2) or more separate businesses, these requirements shall be applied separately to the wall area of the portion of the building occupied by the individual business. (3) One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two (32) square feet and eight (8) feet in height. (4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive -up curbside. Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall have a maximum height of eight (8) feet. (5) One (1) temporary sign per street frontage. (6) Theater marquee signs. a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight (8) feet from the building face and shall have a minimum clearance of ten (10) feet. (7) Incidental signs shall not exceed two (2) square feet. (8) Buildings used for religious or educational activities. a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32) square feet and eight (8) feet in height. (1) (9,) Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall have a setback of 10 (ten) feet from the traveled portion of the public way. (9) 10 Single-family, two-family and multi -family dwellings shall follow the provisions of subsection (n). (10)11 Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No perforated sign shall be placed over ingress/ egress door. (11)12 Neon signs are allowed. (p) Historic Downtown area (B -2-T, H -I and H-2) (q) Additional signage allowed in specific commercial and industrial zones. (r) Planned Unit Development (PUD). (s) Replacement advertising signs. (t) Advertising on Interstate Highways. (u) Substitution clause. Sec. 126-98. Accessory dwelling unit (ADU). Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs shall not constitute a dwelling unit for purposes of calculating density. All ADUs are subject to the following: (1) One (1) ADU may be permitted per single-family residential dwelling per lot. The property owner must reside in either the principal dwelling or the ADU as their permanent residence. (2) ADUs are permitted in the rear yard only if not e.,t it ed . t iti t e f etpF:,,t of the h (3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal dwelling, not to exceed the ground floor area of the principal dwelling. (4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for the underlying zone. However, setbacks of the underlying zone must be met. STAFF REPORT (continued) page 8 of 16 (5) Any extefief stair- eases tised to aeeess a seeend stefy or- higher- ADU shall be 106ated to the si or- behind the pr-ineipal dwellifitt. (6) k5j The maximum height of ADUs shall not exceed the height of the principal dwelling. (7) (6) One (1) additional parking space shall be required. (8) Q An ADU may be utilized as a short-term rental or special event short-term rental, subject to the requirements contained within the Paducah Zoning Ordinance. Sec. 126-120. Neighborhood Services Zone, NSZ The purpose of this zone is to provide for primarily residential uses and encourage such development by right, according to standards that will ensure harmony with the existing historic residential environment. Limited commercial uses may be introduced provided compliance with a conditional use permit upholding the historic fabric of the neighborhood. (1) Principal permitted uses. 2) Conditionally permitted uses. The following „sos afe speei l exeeptions a*d shall require written approval from the Historical and Architectural Review Commission: a. Multi -family dwellings. 1. Minimum lot area: Three thousand (3,000) square feet per unit. 2. Minimum lot width: Sixty (60) feet. b. Home occupations. c. Professional offices. d. Daycares e. Beauty shops and barbershops. f. Places of worship. g. Short-term rentals. h. Bed and breakfast. The following uses, provided they are conducted wholly within a building except for off-street loading and unloading: 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); 2. Personal and convenience service establishments; 3. Restaurant (excluding drive-thru); 4. Any other use not listed which, in the HARC's opinion, would be compatible with the above uses. 3. Minimum yard requirements. 4) Minimum area requirements for non-residential structures: 5) Maximum building height. 6) Additional regulations: a. Off-street loading areas may not face any public right-of-way. b. No loading or unloading shall be allowed between 9:00 p.m. and 7:00 a.m. 6. Da,-kifig shall be „ seetion 126 102 (2) (e) STAFF REPORT (continued) page 9 of 16 d. c. The Historical and Architectural Review Commission (HARC) shall have sole jurisdiction as a special board of adjustment over the NSZ pursuant to KRS 82.026 and 100.217. 7) Plan approval required for new construction and for changes in exterior appearance. Sec. 126-176. Planning Commission. (a)Intent. The intent of this section is to provide guidance for the Zoning Code amendment processes, including text and map amendments. It shall also be the intent of this section to guide the use of development plans, which maybe used for a variety of planning and zoning processes, including map amendments. The Planning Commission in 4s obligation to promote the public health, safety and general well-being shall consider,; but not be limited to, the following in its deliberative considerations: (1) The conservation of natural resources, which may include various wildlife forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, view sheds, sufficient sunlight exposure, etc.; (2) The conservation of sites that have historic or architectural value; (3) The provision for safe, efficient vehicular and pedestrian transportation, off-street parking and loading within the development and the ,.,,,,-,ff,, nit- . and neighborhood; (4) The provision for sufficient open space and recreational opportunities; (5) The compatibility of the overall site design (buildings, parking, circulation, signs, screening and landscaping) and land use with the existing and projected future land use of the area; (6) The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surroundingneighborhood: (7) The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed; (8) Compliance with the Comprehensive Plan, all applicable regulations as per City ordinances, st+d City policies and other applicable laws (b) Public notice. (1) For applieatieffs petitions that require a public hearing befefe t4e Plafffiiftg GeffffRissieti, notice shall be mailed at least seven (7) or fourteen (14) 20 days, depending on the type of befefe the hearing by first class mail to all property owners surrounding the subject property to a depth of two (2) ownerships or within a radius of two hundred (200) feet of the subject property, whichever is greater. (2) In accordance with KRS 424, notice shall be published in the Paducah Sun newspaper at least seven (7) or fourteen (14) days prior to the hearing, depending on the type of hearing 14 days bef6r-e the h; ... 11 (3) In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least fourteen 14 4-4 days before the hearing of any zone change (rezoning), subdivision er development STAFF REPORT (continued) page 10 of 16 (c) Formal a icationetp ition required. To formally request the Commission to consider any action, the applieant petitioner shall file a complete applieatienetp ition (with respect to all applicable provisions of this chapter and other City ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. The date for the public hearing will be set upon receipt of a complete application. (d) Refiling. Within a period of twelve (12) months from the date of a negative decision, no tract of land, or any portion thereof, shall be considered for a zone change (r-eze i*g) Or f r development plan appFeval identical to the same proposal, except requests initiated by the Planning Commission or Board of Commissioners, or the Planning Commission grants unanimous permission to resubmit sooner. (e) Procedures required for zone change (rezoning). (1) A petition for a map amendment (also referred to as a zone change or rezoning) may originate with the Planning Commission, of with the Wil} Board of Commissioners; or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. (2) The Planning Commission shall hold at least one (11,) public hearing after proper notice is given in accordance with KRS Chapters 424 and 100 and this code. (3) The decision of the Planning Commission shall become final and the map amendment shall be automatically implemented, subject to the provisions of KRS 100.347, unless a written request for a hearing before the Board of Commissioners is made within twenty-one (21) 24 days after the final decision by the Planning Commission, pursuant to KRS 100.2111. Any aggrieved person, Board of Commissioners or the Zoning Administrator may file the request. (4) If a timely request for a hearing before the Board of Commissioners is filed, the findings of fact and decision of the Planning Commission shall be forwarded to the Board of Commissioners prior to their hearing. All persons appearing before the Planning Commission shall be informed of the request. It shall take a majority of the entire Board of Commissioners to override the decision of the Planning Commission. (f) Zone Change (rezoning) - Findings required. In accordance with KRS 100.213, to approve any zone change (r-ei�effiffg), the Planning Commission must find that the map amendment is- i -n agFeement agrees with the ohms... plan, Comprehensive Plan or, in the absence of such a finding, that: (1) the original zoning classification given to the property was inappropriate or improper; (2) there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the eempr-ehen n- Comprehensive Plan and which have substantially altered the basic character of the area. The findings of fact shall be recorded in the minutes and maintained in the records. (g) Variances and conditional use permits. The Planning Commission may hear and fiffally decide applieations petitions for variances or conditional use permits pertaining to the same property when filed and scheduled to be heard with a proposed development plan or a map amendmentapplieation etp ition. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100 . STAFF REPORT (continued) page 11 of 16 The applieant petitioner for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and €may decided by the Planning Commission at the same public hearing set, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100 and this Zoning Gude (h) Development plan requirements. (1) When required. A preliminary development plan slat may be required in the following instances: a. The Planning Commission, as a condition to the granting of any zoning change, slat may require the submission of a development plan which, where agreed upon, shall be followed; except for- gle pr - pal stpaet-, e and aeeessefy st..,,,.tufes for a single- family dwelling, a fie* two-family dwelling, a triplex dwelling or a four-plex dwelling on gle lot ^ ownership r e . As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two (2) years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing. The development plan shall be a continuing condition for the area rezoned unless amended as required herein; b. When there is a proposal for multiple principal buildings on a single owliefship parcel or lot; c. The stibd vision oma�,„ stit„Av f the development pla r e A major subdivision plat may substitute for a development plan. d. For plaffned tinct development& Planned Unit Developments per section 126-70. e. For site developments per seetteff sections 126-114 and 126- 118. (2) Plans defined. For purposes of this subsection {fir} and the plans required herein, the following definitions shall apply: b-a.Preliminary development plan. This plan shall be that p! adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for specific zone changes and when favorable approvals are given for multiple principal structures, developments in Planned Unit Developments and I Mimi J 11 1.111 b-a.Preliminary development plan. This plan shall be that p! adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for specific zone changes and when favorable approvals are given for multiple principal structures, developments in Planned Unit Developments and STAFF REPORT (continued) page 12 of 16 developments in the A -I and MU Zones. the D',,,,,iing Commission f or -ably r-eeeFmnends a map amendment to the City Commission. The pr-elimiaafy development No building permits shall be issued based upon a preliminary development plan. FbYinal development plan. This plan is, io effect, a final site plan with that level of detail as may be required for obtaining these permits and approvals necessary for construction. It shall include all information required as set f t4 her -,,:rafter- ara as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan. (3) Content and format of development plans. other- materia' erabic of elea-F r-epr-o"etion. Plans shall be legible and of a size and scale (generally not exceeding one (1) inch equals one hundred (100) feet) which enables clear presentation of required information. Required plan information shall be as follows: a. Contents of preliminary development plan. the f ll,,w i - ,,, fi fe f,,atio,,- A title block containing the plan name, development plan type (preliminary or final), name and address of appliean petitioner, developer and plan preparer, and a wfit*�N 2. The boundary of the subject property, a4+d along with the zoning designation and owner names for all adjoining property; 3. Vicinity sketch, oriented in the same direction as the design scheme; 4. Topography with contour intervals, grid elevations or spot elevations of sufficient detail to generally describe the lay of the land. This requirement may be waived by the City where topographic conditions and features are found not to be necessary to the required development plan reviews and actions; 5. Location, arrangement, and approximate dimensions of existing and proposed driveways, walkways, and parking areas, and arrangement ofarp king spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian rights-of-way; 6. Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property. This requirement may be waived subject to a eendition ro aFdi g same n the fa approval by the City Engineer; 7. Screening, landscaping, buffering, recreational and other open spaces; 8. Approximate size, location, height, floor area, area arrangement; and use of proposed buildings, and existing buildings and signs; 9. Approximate location of lot lines for projects anticipated to involve land subdivision; 10. Storm drainage areas, floodplain, conceptual drainage controls, and storm water retention and any other designated environmentally sensitive or geologic hazard areas; STAFF REPORT (continued) page 13 of 16 11. Proposed and existing easements for utilities or other purposes; locations of sanitary sewers including lengths and alignments of laterals; 12. Areas of substantial existing trees including those located along fence rows and drainage areas, along with a general description of the type and size of such trees; 13. A statistical table summarizing all pertinent site data, including site area, zoning, building coverage, and floor area, parking, open spaces, etc.; 14. For projects of one (1) acre or more, a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place unless and until the Department of Engineering ati Smeets has approved the a„� petitioner's proposed soil erosion control procedures and, if required, a soil erosion control plan; 15. A signed owner's certification, as follows: "I (We) hereby certify that I am (We are) the owner(s) of the property shown and described hereon and that I (We) hereby adopt the Development Plan with My (Our) free consent, with the exception of such variances or other conditions of approval, if any, as are noted hereon or in the +es minutes of the Paducah Planning Commission. I (We) furthermore understand that bttildiff building permits f r eeiistpde can only be issued following this plan and that amendments to the this plan can be made only by official Commission action"; 16. A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully approved, as follows: "I hereby certify that the Development Plan shown hereon has been found to comply with the Zoning Ordinance die for the City of Paducah, Kent ,ek, , with the exception of such variances or other condition of approval, if any, as are noted hereon or in the Mime's minutes of the City Planning Commission and that it has been approved as the official plan." 17. A written or _-graphic scale. b. Contents offinal developmentplan. A final development plan shall contain all information as required for preliminary development plans under the sections above, except t+t the plan information shall be of an exact nature, rather than approximate or general. (i) Development plan procedures. (1) Pre -application conference. a. Prior to any acceptance of a formal appliea+ieetp ition for at affeffd e„* a prelimingU development plan, the applieant sh petitioner may meet informally with appropriate City s to determine the following: The effect of the proposed development on the existing neighborhood, traffic patterns; and infrastructure systems; 2. How the proposed development relates to the eempFeheasive Comprehensive Plan; 3. The various regulations that may apply to the proposed development; 4. An explanation of the required contents of the preliminary development plan and any other required submission of materials; and STAFF REPORT (continued) page 14 of 16 5. An explanation of the inneadmefft preliminary development plan approval process. b. At the time of the meeting with the planning appropriate City staff, the appliet petitioner should present a sketer conceptual plan, as etAlined i s4seetio , (h)(2) above. (3) Review. The planning Planning staff shall send the preliminary development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the applieant petitioner, the interested parties and technical review bodies may meet together to resolve, if possible, issues and difficulties associated with the development proposal. These meetings will be opo to the publi . are subject to KRS 424. (4) Planning Commission action. No preliminary development plan will be considered for Commission action until the appropriate review agencies and public interests have reviewed the plan. (5) The Commission may pursue the following actions: a. Approval. The preliminary development plan is ready for certification as presented. b. Conditional approval. The preliminary development plan will be certified when the applieaflt petitioner has complied with the conditions of approval set forth by the Commission i the Commission's .,elle,, o the development plan. c. Disapproval. The preliminary development plan has been disapproved by the Planning Commission. To request new review and action, the applioant petitioner must file a new awe petition and development plan. d. Continuance. In circumstances where further resolution is required, the Commission may continue final action until further information is ascertained or the resolution of conflicts occurs. (6) Final development plans procedures. a. Only after the Planning Commission has approved the preliminary development plan, if then the applie petitioner must present a final development plan as set forth in subsection (h) (2) (e b) prior to the issuance of any building permits. The final development plan must be reviewed to ensure that: 1. The plan is complies with the preliminary development plan. 2. The plan is in ee ':., ee complies with the eompr-ehensive plan Comprehensive Plan, the Zoning Code, eth-ef City ordinances, regulations, e+ policies; and all other applicable laws and egti „*",,,� 3. Where appropriate, the review agencies may assess the document and forward their comments to the e4y Planning Department prior to final development plan approval. 4. When all final plans are submitted the applie petitioner shall also make a digital submission that complies with the regulations of Chapter 102 Section 39 (d) of the Code of Ordinances of the City of Pa a,,,.a . STAFF REPORT (continued) page 15 of 16 b. If the final development plan complies with this subsection, the Planning Commission Chair will certify on the face of the plan that all requirements and applicable conditions have been satisfied. (j) Amendments to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format and procedures shall be the same as for the original submission. However, amendments which fully meet the requirements set forth hereinafter as minor amendments shall be approved and certified by the Zoning Administrator without further action by the Planning Commission. (1) Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments: a. Shall not decrease the overall land area in wa-Fds or ether open spaces; b. Shall not increase building ground area coverage, floor area, of height; or increase the number of dwelling units; c. May increase building ground area coverage for accessory buildings; or principal buildings if additions are less than ten (10) percent and additional parking can be provided without disruption to major plan elements; d. Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets; e. May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment this reduction may not be less than would be required by the zoning dist+ie regulations. For - anywhere pafking in exeess of the ,,,i i regiir-emen in e�Eeess of the at f the proposed amendment plan. (2) Procedures for minor amendments. a. Review. The City shall review the plan for compliance with all applicable requirements and ordinances_ and shall ee ffs„'t w4h eeffeefoed Concerned agencies as appropriate shall be consulted to assure proper plan review. Upon determination that all requirements have been met, planning staff shall submit its €kidiiig their findings to the Planning Commission Chair for certification. If any question arises as to compliance, the plan shall be referred to the Planning Commission. b. Certification. Upon certification of approval by the Planning Commission Chair, planning staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer petitioner and return the original plan 4aeing to the developer petitioner. (3) Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that: a. The title shall indicate the plan as a minor amendment; b. A note shall be added listing the exact nature of the requested changes; STAFF REPORT (continued) page 16 of 16 c. The following shall be the required language for the Planning Commission Chair's certification affixed to the plans: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans." d. Owners of interest shall complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon and do adopt this as my (our) development plan for the property,_" W-hieh shall be r-e"ir-ed i.,,,,.tiage f all p pei4y and affixed •1„ the plans (k) Relationship to subdivision regulations. The relationship between development plans and the subdivision regulations are established as follows: (1) Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan. (2) Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the applieai4 petitioner and the Planning Commission to combine requirements for development plans and preliminary subdivision plats in order to streamline tl+e development approval pr-eeess while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan: a. The de-,�elepe petitioner shall meet with planning staff no later than five (5) wefkiiig business days in advance of the filing deadline to discuss the appropriateness of filing a combined plat. b. The plan shall show all information required for a development plan (pFe ifflin Fy Or and a preliminary subdivision plat as set forth in the subdivision regulations. (3) Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized t in certain cases a preliminary or final subdivision plat would be as appropriate, or more appropriate, to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, for- plaeemef * e s,.+ietufes w4hi +he zeiie setbacks and where the appliea petitioner has sees fi•1 to ha plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When aii applieafft a petitioner is required to provide a development plan in conjunction with a zoning map amendment request, the applieant petitioner may file a subdivision plat in place of the development plan, if deemed appropriate by the City. In any disputed case, the City shall make the final judgment as to whether a development plan or a subdivision plat is required. STAFF RECOMMENDATION Based upon the positive recommendation from the Planning Commission, staff recommends the Board of Commissioners adopt the zoning text amendments contained herein. ORDINANCE NO. 2022- - AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, any change to the text of the zoning code must be referred to the Paducah Planning Commission before adoption and considered in accordance with KRS 100.211; and WHEREAS, a public hearing was held on September 8, 2022, by the Planning Commission after advertisement pursuant to law; and WHEREAS, the Paducah Planning Commission duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing; and WHEREAS, the Planning Commission adopted a proposal to change the text of Chapter 126 of the City of Paducah zoning ordinance; and WHEREAS, the City desires to amend certain sections of the Paducah Code of Ordinances to reflect the changes. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends the following sections of the Paducah Code of Ordinances as follows: Sec. 126-32 - Zoning of annexed land. [Upon annexation of new afeas by the eity, sueh afeas shall be plaeed in an R 1 zone elassifieati Within si�ay (60) days following the final aeeeptanee of the annexed afea by the eity, the Planning CeffH:nissieo shall establish and a&ei4ise, as r-e"ir-ed by law, a p4lie hear-ifig to �effe e land i fir] All land use regulations that applied to the property shall be preserved as before the annexation, pursuant to KRS 100.209. If no action is taken to initially zone the property within sixty (60) daffy either the Board of Commissioners or the Planning Commission, the property shall automatically be assigned the R-1 Low Density Residential Zone. Sec. 126-76. - Sign regulations. (a) Purpose. (b) Findings. (c) Applicability and message neutrality. (d) Definitions. (e) Prohibited signs. (f) Exempt signs. (g) Temporary signs. (1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not classified as exempt signs shall: a. Be allowed on private property only. Sandwich board signs may be allowed on public rights-of-way in accordance with subsection (7). b. Be placed only by the property owner, or with the property owner's permission. c. Not diminish public safety such as placement in a sight visibility triangle. d. Not be mounted on a roof e. Not be illuminated indirectly or internally. f Be in place for a period not to exceed sixty-seven (67) consecutive days, at which time the sign must be removed or replaced with a different sign. (2) Construction signs. During a construction period, signs may be placed to announce construction. a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square feet in non-residential areas. b. [Sueh signs shall be eFeeted no mefe than thif:ty (30) days pf:ief: to �he beginfling 0 e. [ Sueh signs shall be femoved within ten (10) days after- eempleting eenstpdetien. (3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall: a. Be a maximum of twenty (20) square feet when located in residential zones; b. Be a maximum of fifty (50) square feet when located in non-residential zones; and c. Be limited to one (1) sign per parcel for each street frontage. d. [Be plaeed for- no more than thii4y (30) days.] (4) Pole banners_ a. Be a maximum of twelve and one-half (12.5) square feet when located in residential zones. b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones. c. All banners shall be securely affixed to a mounting structure. d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent sign. e. Banner materials shall be weather -resistant fabric, plastic or vinyl. f. Poles and materials must be compatible and compliant with design standards if placed in a historic district. g. The City reserves the right to remove any pole banners at any time. (5) Street banners_ a. In order to promote events of a civic and public nature in the Downtown or other commercial areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles equipped by the City for such purposes. b. Generally, it shall be unlawful for any person to suspend any banner across or along any street, sidewalk or other public way of the City for any purpose. c. Banners reflecting a price, a business; or the promotion of goods or services are prohibited. d. Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace Park or Fountain Avenue for example). Different districts may have different themes at the same time. e. Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or disruption in vehicular or pedestrian traffic. f. The City reserves the right to remove any banner at any time. (6) Special events. Signs promoting a special event may be placed no more than sixty (60) days prior to the event and shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be placed on the property on which the event shall take place and shall not exceed thirty-two (32) square feet. (7) Sandwich board signs. a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than twenty-four (24) inches; b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width; c. All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not interfere with pedestrian or vehicular traffic. d. The sign must be constructed of weather resistant materials and shall be maintained in good repair. (8) During times of election. During times of primary, state or federal elections involving candidates from federal, state or local office that represents the district in which the property is located or involves an issue on the ballot within the district where the property is located, one (1) additional temporary sign per issue or candidate shall be allowed. [mak additional signs shall be allowed begi 1 '60) days prior- to the date of the pr-im stpAe of federal eleetion and shall be -reem-A-vedd fi�.,e' (5) days after- the eleetio-p+. (9) Additional temporary signs are allowed as follows: a. During times of sale or rent. One (1) additional temporary sign may be located on a property subject to the following parameters: 1. The owner consents and the property is being offered for sale or rent through a licensed real estate agent; 2. The property is offered for sale or rent by the property owner through advertising in local media; and 3. [Sueh sign shall be r-emoved within fifteen (15) days following the date on whieh-a Cha et �a �-bce}eXccuAecrbetween the buyer- and cr-vr-rT@itar agreement has been exeeuted between lesser- and lessee.] 3. Said sign shall not exceed four (4) square feet. b. During times property is open to the public. One (1) additional temporary sign may be located on the property on a day when the property owner is opening the property to the public; however, the owner may not use this type of sign for more than fifteen (15) days a year. Such sign may not exceed four (4) square feet. c. One (1) additional temporary sign shall be allowed upon submittal of a final development application or issuance of a building permit and shall terminate upon the issuance of any certificate of occupancy or for approval to connect to electric power for the work authorized by the building permit. Such sign shall not exceed four (4) square feet. (h) Permit requirements. (i) Signs exempt from permit requirements. 0) Nonconforming signs. (k) Illegal signs. (1) General regulations. (m) Signs allowed by specific zoning district. (n) Residential and Mixed -Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MU) (o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM, POP,- and A-1). (1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three hundred (300) linear feet of street frontage. a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in height and shall have a minimum setback of five (5) feet. When street frontage permits two (2) signs, the freestanding signs may be combined into one (1) freestanding sign that shall not exceed one hundred ten (I 10) square feet. For buildings with more than one (1) occupying business, this freestanding sign may list all businesses within the building. b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in height and shall have a minimum setback of five (5) feet. (2) [One O wall sign, signo s4eet f , mage with] There shall be a maximum of four (4) wall, canopy or awning signs per building or structure. The maximum allowed area for all signage in these zones is thirty-two (32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is attached, whichever is greater. A maximum of the first thirty (30) feet of the height of the facade shall be used to calculate the square footage area of a wall sign. Awnings shall have at least seven (7) feet of clearance when fully extended. When a building contains two (2) or more separate businesses, these requirements shall be applied separately to the wall area of the portion of the building occupied by the individual business. (3) One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two (32) square feet and eight (8) feet in height. (4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive -up curbside. Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall have a maximum height of eight (8) feet. (5) One (1) temporary sign per street frontage. (6) Theater marquee signs. a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight (8) feet from the building face and shall have a minimum clearance of ten (10) feet. (7) Incidental signs shall not exceed two (2) square feet. (8) Buildings used for religious or educational activities. a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32) square feet and eight (8) feet in height. Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall have a setback of 10 (ten) feet from the traveled portion of the public way. 10 Single-family, two-family and multi -family dwellings shall follow the provisions of subsection (n). 11 Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No perforated sign shall be placed over ingress/ egress door. 12 Neon signs are allowed. (p) Historic Downtown area (B -2-T, H -I and H-2) (q) Additional signage allowed in specific commercial and industrial zones. (r) Planned Unit Development (PUD). (s) Replacement advertising signs. (t) Advertising on Interstate Highways. (u) Substitution clause. Sec. 126-98. Accessory dwelling unit (ADU). Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs shall not constitute a dwelling unit for purposes of calculating density. All ADUs are subject to the following: (1) One (1) ADU may be permitted per single-family residential dwelling per lot. The property owner must reside in either the principal dwelling or the ADU as their permanent residence. (2) ADUs are permitted in the rear yard only [i (3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal dwelling, not to exceed the ground floor area of the principal dwelling. (4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for the underlying zone. However, setbacks of the underlying zone must be met. The maximum height of ADUs shall not exceed the height of the principal dwelling. (6,) One (1) additional parking space shall be required. GJAn ADU may be utilized as a short-term rental or special event short-term rental, subject to the requirements contained within the Paducah Zoning Ordinance. Sec. 126-120. Neighborhood Services Zone, NSZ The purpose of this zone is to provide for primarily residential uses and encourage such development by right, according to standards that will ensure harmony with the existing historic residential environment. Limited commercial uses may be introduced provided compliance with a conditional use permit upholding the historic fabric of the neighborhood. (1) Principal permitted uses. 2) Conditionally permitted uses. The following [uses aro speei ' exeeptions an ]shall require written approval from the Historical and Architectural Review Commission: a. Multi -family dwellings. 1. Minimum lot area: Three thousand (3,000) square feet per unit. 2. Minimum lot width: Sixty (60) feet. b. Home occupations. c. Professional offices. d. Daycares [ .] e. Beauty shops and barbershops. f. Places of worship. g. Short-term rentals. h. Bed and breakfast. i. The following uses, provided they are conducted wholly within a building except for off-street loading and unloading: 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); 2. Personal and convenience service establishments; 3. Restaurant (excluding drive-thru); 4. Any other use not listed which, in the HARC's opinion, would be compatible with the above uses. Minimum yard requirements. 4) Minimum area requirements for non-residential structures: 5) Maximum building height. 6) Additional regulations: a. Off-street loading areas may not face any public right-of-way. b. No loading or unloading shall be allowed between 9:00 p.m. and 7:00 a.m. c. The Historical and Architectural Review Commission (HARC) shall have sole jurisdiction as a special board of adjustment over the NSZ pursuant to KRS 82.026 and 100.217. 7) Plan approval required for new construction and for changes in exterior appearance. Sec. 126-176. Planning Commission. (a)Intent. The intent of this section is to provide guidance for the [zeoiiig eedel Zoning Code amendment processes, including text and map amendments. It shall also be the intent of this section to guide ,va processes and] the use of development plans, which anning and zoning processes, including map amendments. may be used for a variety of �1 The Planning Commission in [4} obligation to promote the public health, safety and general well-being shall consider, but not be limited to, the following in [its} deliberative considerations: (1) The conservation of natural resources, which may include various wildlife forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, view sheds, sufficient sunlight exposure, etc.; (2) The conservation of sites that have historic or architectural value; (3) The provision for safe, efficient vehicular and pedestrian transportation, off-street parking and loading within the development and [ neighborhood; (4) The provision for sufficient open space and recreational opportunities; (5) The compatibility of the overall site design (buildings, parking, circulation, signs, screening and landscaping) and land use with the existing and projected future land use of the area; (6) The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surrounding [,.,,..,..,,,. i ]neighborhood: (7) The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed; (8) Compliance with the Comprehensive Plan, [} all applicable regulations as per City ordinances, and City policies and other applicable laws [an o,,-dla4; (b) Public notice. (1) For [applieationsl petitions that require a public hearing [before the Play ing Comte,] notice shall be mailed at least seven 7) or fourteen (14) 29 days, depending on the type of [before the] hearing by first class mail to all property owners surrounding the subject property to a depth of two (2) ownerships or within a radius of two hundred (200) feet of the subject property, whichever is greater. (2) In accordance with KRS 424, notice shall be published in the Paducah Sun newspaper at least seven (7) or fourteen (14) days prior to the hearing, depending on the type of hearing 14 days before the l,o.,, ing (3) In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least fourteen 14) 4.4 days before the hearing of any zone change (rezoning), or- development plan approval.] (c) Formal [�,5Ti94&H60H4etp ition required. To formally request the Commission to consider any action, the [a„� petitioner shall file a complete [mien]etp ition (with respect to all applicable provisions of this chapter and other City ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. The date for the public hearing will be set upon receipt of a complete application. (d) Refiling. Within a period of twelve (12) months from the date of a negative decision, no tract of land, or any portion thereof, shall be considered for a zone change [(r-ezo.,ing) of r^r development plan approval with] identical to the same proposal, except requests initiated by the Planning Commission or Board of Commissioners, or the Planning Commission grants unanimous permission to resubmit sooner. (e) Procedures required for zone change (rezoning). (1) A petition for a map amendment (also referred to as a zone change or rezoning) may originate with the Planning Commission, [er4 with the [fir] Board of Commissioners; or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. (2) The Planning Commission shall hold at least one (11,) public hearing after proper notice is given in accordance with KRS Chapters 424 and 100 and this code. (3) The decision of the Planning Commission shall become final and the map amendment shall be automatically implemented, subject to the provisions of KRS 100.347, unless a written request for a hearing before the Board of Commissioners is made within twen . -one (21) [24} days after the final decision by the Planning Commission, pursuant to KRS 100.2111. Any aggrieved person, Board of Commissioners or the Zoning Administrator may file the request. (4) If a timely request for a hearing before the Board of Commissioners is filed, the findings of fact and decision of the Planning Commission shall be forwarded to the Board of Commissioners prior to their hearing. All persons appearing before the Planning Commission shall be informed of the request. It shall take a majority of the entire Board of Commissioners to override the decision of the Planning Commission. (f) Zone Change (rezoning) - Findings required. In accordance with KRS 100.213, to approve any zone change [(r-ezening)], the Planning Commission must find that the map amendment [ep.44 agrees with the [ , Comprehensive Plan or, in the absence of such a finding, that: (1) the original zoning classification given to the property was inappropriate or improper; (2) there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the [,.,,mpr-ohens .le plan] Comprehensive Plan and which have substantially altered the basic character of the area. The findings of fact shall be recorded in the minutes and maintained in the records. (g) Variances and conditional use permits. The Planning Commission may hear and [finally] decide [applie4ioosi petitions for variances or conditional use permits pertaining to the same property when filed and scheduled to be heard with a proposed development plan [approval applieation] or a map amendment [ateetp ition. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100 [afid this Zeoiiig Godel. The applieaI4 petitioner for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and €malty decided by the Planning Commission at the same public hearing set, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100 [and this Zoning wooed] (h) Development plan requirements. (1) When required. A preliminary development plan [shall} may be required in the following instances: a. The Planning Commission, as a condition to the granting of any zoning change, [shall] may require the submission of a development plan which, where agreed upon, shall be followed; except [for- a single „ a' s,,-uet and aeeessol�, stmetufes] for a single -family dwelling, a [duplex] two-family dwelling, a triplex dwelling or a four-plex dwelling [ ]. As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two (2) years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing. The development plan shall be a continuing condition for the area rezoned unless amended as required herein; b. When there is a proposal for multiple principal buildings on a single [o] parcel or lot; c. [ A major subdivision plat may substitute for a development plan. d. For [„lat+ae' „n:* de elopme Planned Unit Developments per section 126- 70. e. For [] site developments per [seetien] sections 126- 114 and 126-118. (2) Plans defined. For purposes of this subsection {h) and the plans required herein, the following definitions shall apply: a. [Sketeh plan. This plan will be used to det e the essential graphie �ATittea materials r-e"ir-ed for- a speeifie map amendment a-ad these speeifie ber-e"esi d of the Planning Commission. The sketch plan m• be eeaeept-ual bttt shet l.a indieate ., site E) ,,diag f at-H es ,,.bons that ffhty >aeeess poiffts, > land -g and proposed t4ilities, proposed leeatieti for- solid waste storage and aeeesst6 same, a-ad any other- eeaditions en the site o development of the sato „ sttffotmdi orrights „f.. ay. The sl,ete�i address the issties and eenditions that may be essential to the development-. ] b-FaL__Preliminary development plan. This plan shall be that PIR adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for specific zone changes and when favorable approvals are given for multiple principal structures, developments in Planned Unit Developments and developments in the A-1 and MU Zones. the PI&1+1iiiig [Gemmissiefl fa-ver-ably r—eeemmends a map—ameadment to the Git� as detefmined i the r plieatio ^ of re„^e' No building permits shall be issued based upon a preliminary development plan. s-[bj. Final development plan. This plan is, [in e ff et,' a final site plan with that level of detail as may be required for obtaining [*ese} permits and approvals necessary for construction. It shall include all information required [as s f64� he -eiti fte - ] as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan. (3) Content and format of development plans. [All development plans shall be r e roe Plans shall be legible and of a size and scale (generally not exceeding one (1) inch equals one hundred (100) feet) which enables clear presentation of required information. Required plan information shall be as follows: a. Contents of preliminary development plan. [A r,-el:,, inn f . development plan sh ^" ,tai the f ll.,.t in- ti, ,,f ,-.,,atie,,-] 1. A title block containing the plan name, development plan type (preliminary or final), name and address of [appliean4] petitioner, developer and plan preparers 2. The boundary of the subject property, affd along with the zoning desi_ng ation and owner names for all adjoining property; 3. Vicinity sketch, oriented in the same direction as the design scheme; 4. Topography with contour intervals, grid elevations or spot elevations of sufficient detail to generally describe the lay of the land. This requirement may be waived by the City where topographic conditions and features are found not to be necessary to the required development plan reviews and actions; 5. Location, arrangement; and approximate dimensions of existing and proposed driveways, walkways, [ate} parking areas, [ate} arrangement ofarp king spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian rights-of-way; 6. Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property. This requirement may be waived subject to [a eenditio approval by the City En ig neer; 7. Screening, landscaping, buffering, recreational and other open spaces; 8. Approximate size, location, height, floor area, area arrangement; and use of proposed buildings, [ate} existing buildings and signs; 9. Approximate location of lot lines for projects anticipated to involve land subdivision; 10. Storm drainage areas, floodplain, conceptual drainage controls, and storm water retention and any other designated environmentally sensitive or geologic hazard areas; 11. Proposed and existing easements for utilities or other purposes; locations of sanitary sewers including lengths and alignments of laterals; 12. Areas of substantial existing trees including those located along fence rows and drainage areas, along with a general description of the type and size of such trees; 13. A statistical table summarizing all pertinent site data, including site area, zoning, building coverage, aA+d floor area, parking, open spaces, etc.; 14. For projects of one (1) acre or more, a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place unless and until the Department of Engineering [and E ir-op ental Sefviees] has approved the [ate] petitioner's proposed soil erosion control procedures and, if required, a soil erosion control plan; 15. A signed owner's certification, as follows: " I (We) hereby certify that I am (We are) the owner(s) of the property shown and described hereon and that I (We) hereby adopt the Development Plan with My (Our) free consent, with the exception of such variances or other conditions of approval, if any, as are noted hereon or in the [Min-utes] minutes of the Paducah C4y Planning Commission. I (We) furthermore understand that bungs building permits [€er �„�-] can only be issued following this plan and that amendments to [dwq this plan can be made only by official Commission action"; 16. A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully approved, as follows: "I hereby certify that the Development Plan shown hereon has been found to comply with the Zoning Ordinance [D o„� for the City of Paducah, [Ken- ,,ek-y', with the exception of such variances or other condition of approval, if any, as are noted hereon or in the [lutes] minutes of the [} Planning Commission and that it has been approved as the official plan." 17. A written or graphic scale. b. Contents of final development plan. A final development plan shall contain all information as required for preliminary development plans under the sections above, except tiat the plan information shall be of an exact nature, rather than approximate or general. (i) Development plan procedures. (1) Pre -application conference. a. Prior to any acceptance of a formal [.,»�� petition for [an amendm a preliminary development plan, the [applieaf4 s petitioner may meet informally with appropriate Cites [plapm ng stafq to determine the following: 1. The effect of the proposed development on the existing neighborhood, traffic patterns; and infrastructure systems; 2. How the proposed development relates to the [eempr-ehen Comprehensive Plan; 3. The various regulations that may apply to the proposed development; 4. An explanation of the required contents of the preliminary development plan and any other required submission of materials; and 5. An explanation of the [ameefl+} preliminary development plan approval process. b. At the time of the meeting with the [plamiiigj appropriate City staff, the [ate petitioner should present a [slur] conceptual plan, [as ,,�* s4seetion (h)(2) above.] (3) Review. [The plafmingi Planning staff shall send the preliminary development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the [a„� petitioner, the interested parties and technical review bodies may meet together to resolve, if possible, issues and difficulties associated with the development proposal. These meetings [fie e„ to the publ e] are subject to KRS 424. (4) Planning Commission action. No preliminary development plan will be considered for Commission action until the appropriate review agencies and public interests have reviewed the plan. (5) The Commission may pursue the following actions: a. Approval. The preliminary development plan is ready for certification as presented. b. Conditional approval. The preliminary development plan will be certified when the appheant petitioner has complied with the conditions of approval set forth by the Commission in . c. Disapproval. The preliminary development plan has been disapproved by the Plafming Commission. To request new review and action, the appliet petitioner must file a newapplieation etp ition and development plan. d. Continuance. In circumstances where further resolution is required, the Commission may continue final action on the development pl-a until further information is ascertained or the resolution of conflicts occurs. (6) Final development plans procedures. a. Only after the Planning Commission has approved the preliminary development plan, [and the „ g dist -iet has been approved by the BeaFd „v then the [appfieapA] petitioner must present a final development plan as set forth in subsection (h) (2) (e b) prior to the issuance of any building permits. The final development plan must be reviewed to ensure that: 1. The plan is in ,.,,.,,glia ee complies with the preliminary development plan. 2. The plan is in ,.,,milli nee complies with the [plan] Comprehensive Plan, the Zoning Code, [odier4 City ordinances, regulations, [e+4 policies; and all other applicable laws [and eg-d atiO 6' 3. Where appropriate, the review agencies may assess the document and forward their comments to the eit-y Planning Department prior to final development plan approval. 4. When all final [ plans are submitted the [applieanfl petitioner shall also make a digital submission that complies with the regulations of Chapter 102 Section 39 (d) of the Code of Ordinances [ b. If the final development plan complies with this subsection, the Planning Commission Chair will certify on the face of the plan that all requirements and applicable conditions have been satisfied. (j) Amendments to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format and procedures shall be the same as for the original submission. However, amendments which fully meet the requirements set forth hereinafter as minor amendments shall be approved and certified by the Zoning Administrator without further action by the Planning Commission. (1) Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments: a. Shall not decrease the overall land area [in war-ds] or [ems open spaces; b. Shall not increase building ground area coverage, floor area, [eT4 height, or increase the number of dwelling units; c. May increase building ground area coverage for accessory buildings; or principal buildings if additions are less than ten (10) percent and additional parking can be provided without disruption to major plan elements; d. Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets; e. May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment this reduction may not be less than would be required by the zoning [distr-iefl regulations. [For- any ease where p.,,-' i � o of the mini=m r -e as provided on the original development plan, same nuniber- of spaees shall be provided in exeess of the mini qw-ement for- the proposed minor- amendment plan.] (2) Procedures for minor amendments. a. Review. The City shall review the plan for compliance with all applicable requirements and ordinances_ [and steal nstift with eeneemed] Concerned agencies as appropriate shall be consulted to assure proper plan review. Upon determination that all requirements have been met, planning staff shall submit [its f their findings to the Planning Commission Chair for certification. If any question arises as to compliance, [mer} the plan shall be referred to the Planning Commission. b. Certification. Upon certification of approval by the Planning Commission Chair, planning staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the [mer} petitioner and return the original plan [tag] to the [mer] petitioner. (3) Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that: a. The title shall indicate the plan as a minor amendment; b. A note shall be added listing the exact nature of the requested changes; c. The following shall be the required language for the Planning Commission Chair's certification affixed to the plans: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans." d. Owners of interest shall complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon and do adopt this as my (our) development plan for the property-;." [.t -hies, shall be ,-oa l.,.,,., age r^,- all p pei4y and affixed the per} (k) Relationship to subdivision regulations. The [ relationship between development plans and the subdivision regulations are established as follows: (1) Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan. (2) Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the [apphea*tj petitioner and the Planning Commission to combine requirements for development plans and preliminary subdivision plats in order to streamline [the] development approval [preeess] while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan: a. The [develeper-1 petitioner shall meet with planning staff no later than five (5) [working] business days in advance of the filing deadline to discuss the appropriateness of filing a combined plat. b. The plan shall show all information required for a development plan [(prelim .,afyor- final .,appfopr-iate) and all inn , ro rod for-] and a preliminary subdivision plat as set forth in the subdivision regulations. (3) Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized [t#aq in certain cases a preliminary or final subdivision plat would be as appropriate, or more appropriate, to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, [ ] setbacks and where the [applieanfl petitioner has [sees ft to have' plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When [amt] a petitioner is required to provide a development plan in conjunction with a zoning map amendment request, the [a„� petitioner may file a subdivision plat in place of the development plan, if deemed appropriate by the City. In any disputed case, the City shall make the final judgment as to whether a development plan or subdivision plat is required. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, Adopted by the Board of Commissioners, Recorded by the City Clerk, Published by The Paducah Sun, ord\126 Zoning Text Amendment — Annexed Land, signs, ADU, NSZ, Planning A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING TEXT AMENDMENT OF SECTION 126-32 ZONING OF AAW=D LAND, SECTION 126-76 SIGN REGULATIONS; SECTION 126-98 ACCESSORY DWELLING UA7T (ADO; SECTION 126-120 NEIGHBORHOOD SERVICES ZONE, NSZ AND SECTION 126-176 PLANNING COMMISSION OF THE PADUCAH ZONING ORDINANCE. WHEREAS, any change to the text of the zoning code must be referred to the Paducah Planning Commission before adoption and considered in accordance with KRS 100.211, and WHEREAS, a public hearing was held on September 8, 2022 by the Planning Commission after advertisement pursuant to law, and WHEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, this Commission adopted a proposal to change the text of various sections of the City of Paducah zoning ordinance as included herein. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION: SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners of the City of Paducah to revise the Paducah Zoning Ordinance as follows: Sec. 126-32 - Zoning of annexed land. Upon annexation of a&•, aFeas by the eity, 1 aFeas „1...11 b 1 _a in an n 1 ome 1 i MAdift sixty (60) days following " find aweptmee of- &e amaRed area by &e eitr Commission 9WI establiA and advwfisa, as requiied b 1.. a publ: L...._.ng to tet- t_ -i All land use re¢uIations that applied to the prowriv shall be preserved as before the annexationPursuant to KRS 100.209. If no action is taken to � zone the proyerty within silty_ L60J_days by either the Board of Commissioners or the Planning Commissioiy. the_pmpr_rty shall automatically be assigngd the R-1 Low Density Residential Zone. Sec. 126-76. - Sign regulations. (a) Purpose. (b) Findings. (c) Applicability and message neutrality. (d) Definitions. (e) Prohibited signs. (f) Exempt signs. (g) Temporary signs. (1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not classified as exempt signs shall: a. Be allowed on private property only. Sandwich board signs may be allowed on public rights- of-way in accordance with subsection (7). b. Be placed only by the property owner, or with the property owner's permission. c. Not diminish public safety such as placement in a sight visibility triangle. d. Not be mounted on a roof. e. Not be illuminated indirectly or internally. f. Be in place for a period not to exceed sixty-seven 1671 consecutive dayti, at which time the sig.*n must be removed or rtlllaced with a different sign. (2) Construction signs. During a construction period, signs may be placed to announce construction. a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square feet in non-residential areas. (3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall: a. Bea maximum of twenty (20) square feet when located in residential zones; b. Be a maximum of fifty (50) square feet when located in non-residential zones; and c. Be limited to one (1) sign per parcel for each street frontage. d Be placed forte mom dma dii:* i30a. (4) Pole banners_ a. Be a maximum of twelve and one-half (12.5) square feet when located in residential zones. b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones. c. All banners shall be securely affixed to a mounting structure. d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent sign. e. Banner materials shall be weather-resistant fabric, plastic or vinyl. f. Poles and materials must be compatible and compliant with design standards if placed in a historic district. g. The City reserves the right to remove any pole banners at any time. (5) Street banners a. In order to promote events of a civic and public nature in the Downtown or other commercial areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles equipped by the City for such purposes. b. Generally, it shall be unlawful for any person to suspend any banner across or along any street, sidewalk or other public way of the City for any purpose. c. Banners reflecting a price, a business or the promotion of goods or services are prohibited. d. Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace Park or Fountain Avenue for example). Different districts may have different themes at the same time. e. Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or disruption in vehicular or pedestrian traffic. f. The City reserves the right to remove any banner at any time. (6) 1' Signs promoting a special event may be placed no more than sixty (60) days prior to the event and shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be placed on the property on which the event shall take place and shall not exceed thirty-two (32) square feet. (7) Sandwich board signs. a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than twenty-four (24) inches; b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width; c. All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not interfere with pedestrian or vehicular traffic. d. The sign must be constructed of weather resistant materials and shall be maintained in good repair. (8) During times of election. During times of primary, state or federal elections involving candidates from federal, state or local office that represents the district in which the property is located or involves an issue on the ballot within the district where the property is located, one (1) additional temporary sign per issue or candidate shall be allowed. o"'"""'Cf sixty \ / Jm Yr ief to the date of the p4meF5� state eF &dwW ele�ien and shall be FemevW &e (5) days after- the eleatkm. (9) Additional temporary signs are allowed as follows: a. During times of We or rent. One (1) additional temporary sign may be located on a property subject to the following parameters: 1. The owner consents and the property is being offered for sale or rent through a licensed real estate agent; 2. The property is offered for We or rent by the property owner through advertising in local media; and 2 3. Seeh sign shag be Feffmved vAthin fifteen (15) days fellewing the date on WWeh -a been wAemaed betwwn lesser and lessee. 4. 3. Said sign shall not exceed four (4) square feet. b. During times property is open to the public. One (1) additional temporary sign may be located on the property on a day when the property owner is opening the property to the public; however, the cwner may not use this type of sign for more than fifteen (15) days a year. Such sign may not exceed four (4) square feet. c. One (1) additional temporary sign shall be allowed upon submittal of a final development application or issuance of a building permit and shall terminate upon the issuance of any certificate of occupancy or for approval to connect to electric power for the work authorized by the building permit. Such sign shall not exceed four (4) square feet. (h) Permit requirements. (i) Signs exempt from permit requirements. 0) Nonconforming signs. (k) Illegal signs. 0) General regulations. (m) Signs allowed by specific zoning district. (n) Residential and Mixed -Use Zones (7? -1, R-2, R-3, R-4, NSZ, NCCZ and ML9 (o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M=2, M-3, HM, POP A-1). (1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three hundred (300) linear feet of street frontage. a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in height and shall have a minimum setback of five (5) feet. When street frontage permits two (2) signs, the freestanding signs may be combined into one (1) freestanding sign that shall not exceed one hundred ten (110) square feet. For buildings with more than one (1) occupying business, this freestanding sign may list all businesses within the building. b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in height and shall have a minimum setback of five (5) feet. (2) There sl-- " ' , a maximum of foie (4) wall, canopy or awning-si_g_ns per building or structure. The maximum allowed area for all signage in these zones is thirty-two (32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is attached, whichever is greater. A maximum of --- thirty (30) feet of the heijgJit of the fwgade shall be used to calculate the square footage area of a wall sign. Awnings shall have at least seven (7) feet of clearance when fully extended. When a building contains two (2) or more separate businesses, these requirements shall be applied separately to the wall area of the portion of the building occupied by the individual business. (3) One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two (32) square feet and eight (8) feet in height. (4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive -up curbside. Drive-thm facility signs shall not exceed fifty-five (55) square feet and shall have a maximum height of eight (8) feet. (5) One (1) temporary sign per street frontage. (6) Theater marquee signs. a A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight (8) feet from the building face and shall have a minimum clearance of ten (l 0) feet. (7) Incidental signs shall not exceed two (2) square feet. (8) Buildings used fer religious or educational activities. a In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32) square feet and eight (8) feet in height. (1) Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall have a setback of 10 (ten) feet from the traveled portion of the public way. (9) (10) Single-family, two-family and multi -family dwellings shall follow the provisions of subsection (n). (10) jU Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No perforated sign shall be placed over ingress/ egress door. (11) (U2 Neon signs are allowed. (p) Historic Downtown area (B -2-T, H-1 and H-2) (q) Additional signage allowed in specific commercial and industrial zones. (r) Planned Unit Development (PUD). (s) Replacement advertising signs. (t) Advertising on Interstate Highways. (u) Substitution clause. Sec. 126-98. Accessory dwelling unit (ADU). Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs shall not constitute a dwelling unit for purposes of calculating density. All ADUs are subject to the following: (1) One (1) ADU may be permitted per single-family residential dwelling per lot. The property owner must reside in either the principal dwelling or the ADU as their permanent residence. (2) ADUs are permitted in the rear yard only if (3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal dwelling, not to exceed the ground floor area of the principal dwelling. (4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for the underlying zone. However, setbacks of the underlying zone must be met. exter-i stak eases used to aeeess a Geoend story or- highff ADU shag be lesated . the side (6) (5)5 , The maximum height of ADUs shall not exceed the height of the principal dwelling. (7) (6) One (1) additional parking space shall be required. (8) (7) An ADU may be utilized as a short-term rental or special event short-term rental, subject to the requirements contained within the Paducah Zoning Ordinance. Sec. 126-120. Neighborhood Services Zone, NSZ The purpose of this zone is to provide for k. residential uses and encourage such development by right, according to standards that will ensure harmony with the existing historic residential environment. Limited commercial uses mat be introduced anndded compliance with a conditional use permit upholding the historic fabric of the neighhorhood. (1) Principal permitted uses. 2) Conditionally permitted uses. The following shall require written approval from the Historical and Architectural Review Commission: a. Multi -family dwellings. 1. Minimum lot area: Three thousand (3,000) square feet per unit. 2. Minimum lot width: Sixty (60) feet. b. Home occupations. C. Professional offices. d C. Beauty shops and barbershops. f Places of worship. g. Short-term rentals. IL B. i. The following uses, provided they are conducted wholly within a building except for off- street loading and unloading: 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); 2. Personal and convenience service establishments; 3. Restaurant (excluding drive-thru); 4. Any other use not listed which, in the HARC's opinion, would be compatible with the above uses. 1. Minimum yard requirements. 4) Minimum area requirements for non-residential structures: 5) Maximum building height. 6) Additional regulations: a. Off-street loading areas may not face any public right-of-way. b. No loading or unloading shall be allowed between 9:00 pm. and 7:00 am. 4 d. The Historical and Architectural Review Commission (HARC) shall have sole jurisdiction as a special board of adjustment over the NSZ pursuant to KRS 82.026 and 100.217. 7) Plan approval required for new construction and for changes in exterior appearance. Sec. 126-176. Planning Commission. (a)Intent. The intent of this section is to provide guidance for theZorirsiR Code amendment processes, including text and map amendments. It shall also ^be the intent of this section to guide the use of development plans, which may be used for a variety of planning and zoning processes, including map amendments. The Planning Commission in obligation to promote the public health, safety and general well-being shall consider but not be limited to, the following in its deliberative considerations: (1) The conservation of natural resources, which may include various wildlife forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, view sheds, sufficient sunlight exposure, etc.; (2) The conservation of sites that have historic or architectural value; (3) The provision for safe, efficient vehicular and pedestrian transportation, off-street parldng and loading within the development and neighborhood; (4) The provision for sufficient open space and recreational opportunities; (5) The compatibility of the overall site design (buildings, parking, circulation, signs, screening and landscaping) and land use with the existing and projected future land use of the area; (6) The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surrounding yineighborhood: (7) The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed; (8) Compliance with the Comprehensive Plan, and all applicable regulations as per City ordinances,, and 0& policies and other applicable laws and re0ations, (b) Public notice. (1) For appheatism 29uke a public hearingbefore the Planning Go notice shall be mailed at least :,yen (7) or fourteen(14)28 days, depending on the type of hearing by first class mail to all property owners surrounding the subject property to a depth of two (2) ownerships or within a radius of two hundred (200) feet of the subject property, whichever is greater. (2) In accordance with KRS 424, notice shall be published in the Paducah Sun newspaper at least seven (7) or fourteen (14) days prior to the hearing, depending on the tope of hearing 14 days befem fihe4mmi rg. (3) In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least fourteen 14 44 days before the hearing of any zone change (rezo' , PIM OPPFOVal• (c) Formal appheaken petition required. To formally request the Commission to consider any action, the awheant pgfitioner shall file a complete apptisefteappfitton (with respect to all applicable provisions of this chapter and other City ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. The date for the public hearing will be set upon receipt of a complete application. (d) Refiling. Within a period of twelve (12) months from the date of a negative decision, no tract of land-, or any portion thereof, shall be considered for a zone change g) -or- devel�eat twit# identical to the same proposal, except requests initiated by the Planning Commission or Board of Commissioners, or the Planning Commission grants unanimous permission to resubmit sooner. (e) Procedures required for zone change (rezoning. (1) A petition for a map amendment (also referred to as a zone change or rezoning) may originate with the Planning Commission, with the Board of Commissioners or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. (2) The Planning Commission shall hold at least one Q public hearing after proper notice is given in accordance with KRS Chapters 424 and 100 and this code. (3) The decision of the Planning Commission shall become final and the map amendment shall be automatically implemented, subject to the provisions of KRS 100.347, unless a written request for a hearing before the Board of Commissioners is made within :nty-one (2111 days after the final decision by the Planning Commission, pursuant to KRS 100.2111. Any aggrieved person, Board of Commissioners or the Zoning Administrator may file the request. (4) If a timely request for a hearing before the Board of Commissioners is filed, the findings of fact and decision of the Planning Commission shall be forwarded to the Board of Commissioners prior to their hearing All persons appearing before the Planning Commission shall be informed of the request. It shall take a majority of the entire Board of Commissioners to override the decision of the Planning Commission. (f) Zone Change (rezoning) - Findings required. In accordance with KRS 100.213, to approve any zone change {rezeai �, the Planning Commission must find that the map amendment tie-in agteagrees with the % Comprehensive Plan or, in the absence of such a finding, that: (1) the original zoning classification given to the property was inappropriate or improper; (2) there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the a 9qmpMhensive Plan and which have substantially altered the basic character of the area. The finding_ of fact shall be recorded in the minutes and maintained in the records. (g) Variances and conditional use permits. The Planning Commission may hear and fiery decide appheafiess vetitior, for variances or conditional use permits pertaining to the same property when filed and scheduled to be heard with a proposed development plan appre ml-applieatiea or e map amendment :pplieatiea •tion. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100 and4his-Zeaing Cede. The appheant petitioner for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and decided by the Planning Commission at the same public hearing set, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100 and this Zenft Code. (h) Development plan requirements. (1) When required. A preliminary development plan be required in the following instances: a. The Planning Commission, as a condition to the granting of any zoning change, suns require the submission of a development plan which, where agreed upon, shall .µ be followed; except for a single -family dwelling, a dWle* two-family dwelling, a triplex dwelling or a four- plex dwelling on a single lot ef @waeM3ip pweel. As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two (2) years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless these has been a public hearing The development plan shall be a continuing condition for the area rezoned unless amended as required herein; b. When there is a proposal for multiple principal buildings on a single evmwship parcel or lot; c. . A major sabdivisiox),plat may substitute for a development plan d. For plaaaW unA duMepments Planned Unit Developments per section 126-70. e. For site developments per seefien sections 126-114 and 126-118. (2) Plans defined. For purposes of this subsection (k and the plans required herein, the following definitions shall apply: 48, vafianees OF that may be Faquested-ef the Nanning comfflissiea� The sketeh P! �m# ah proposed d&Mopm way; The "ah plan does not have to be detwiled er highly finMW a b-a.prehminary development plan. This plan shall be #had plan adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for spccific zone changc-, and when favorable approvals are ,given for multiple principal structures, developments in Planned Unit Developments and developments in the A-1 and MU Zones. eenfenme. No building permits shall be issued based upon a preliminary development plan. eb.Final development plan. This plan is a final site plan with that level of detail as may be required for obtaining mwe permits and approvals necessary for construction. It shall include all information required as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan. (3) Content and format of development plans. AH duMepmem plans sh&14 be "wed on mylar Plans shall be legible and of a size and scale (generally not exceeding one (1) inch equals one hundred (100) feet) which enables clear presentation of required information. Required plan information shall be as follows: a. Contents of preliminary development plan. 1. A title block containing the plan name, development plan type (preliminary or final), name and address of applisaat tioner developer and plan preparers 2. The boundary of the subject property, and along with the zoning JesiQnation and owner names for all adjoining property; 3. Vicinity sketch, oriented in the same direction as the design scheme; 4. Topography with contour intervals, grid elevations or spot elevations of sufficient detail to generally describe the lay of the land. This requirement may be waived by the City where topographic conditions and features are found not to be necessary to the required development plan reviews and actions; 5. Location, arrangement and approximate dimensions of existing and proposed driveways, walkways parking areas, arrangement of spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian rights- of-way; 6. Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property. This requirement maybe waived subject to the develf 1by the City Engineer; 7. Screening, landscaping, buffering, recreational and other open spaces; 8. Approximate size, location, height, floor area, area arrangement and use of proposed buil existing buildings and signs; 9. Approximate location of lot lines for projects anticipated to involve land subdivision; 10. Storm drainage areas, floodplain, conceptual drainage controls stone water retention and any other designated environmentally sensitive or geologic hazard areas; 11. Proposed and existing easements for utilities or other purposes; locations of sanitary sewers including lengths and alignments of laterals; 12. Areas of substantial existing trees including those located along fence rows and drainage areas, along with a general description of the type and size of such trees; 13. A statistical table summarizing all pertinent site data, including site area, zoning, building coverage,, and floor area, parking, open spaces, etc.; 14. For projects of one (1) acre or more, a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place unless and until the Department of Engineering has approved the appheaafs petitioner'_ proposed soil erosion control procedures and, if required, a soil erosion control plan; 15. A signed owner's certification, as follows: "I (We) hereby certify that I am (We are) the owner(s) of the property shown and described hereon and that I (We) hereby adopt the Development Plan with My (Our) free consent, with the exception of such variances or other conditions of approval, if any, as are noted hereon or in the motes minutes of the Paducah City Planning Commission. I (we) fiuthermore 7 understand that hi4l4ings buildin permits €er—eenstruetie ► can only be issued following this plan and that amendments to the this plan can be made only by official Commission action'; 16. A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully approved, as follows: "I hereby certify that the Development Plan shown hereon has been found to comply with the Zoning Ordinance Regulagen for the City of PaducahKentaelEy, with the exception of such variances or other condition of approval, if any, as are noted hereon or in the MimAes minutes of the Gity Planning Commission and that it has been approved as the official plan." 17. A we, r b. Contents of final development plan. A final development plan shall contain all information as required for preliminary development plans under the sections above, except that the plan information shall be of an exact nature, rather than approximate or general. (i) Development plan procedures. (1) Pre-application conference. a. Prior to any acceptance of a formal appheatien petitia>y for an em a preliminary development plan, the epp4eP-wt4t !tr ?^* ^^ u meet informally with appropriate City staff pkmain 'to determine the following: 1. The effect of the proposed development on the existing neighborhood, traffic pattens and infrastructure systems; 2. How the proposed development relates to the eemiqwAen9We ComorehensiN ; 3. The various regulations that may apply to the proposed development; 4. An explanation of the required contents of the preliminary development plan and any other required submission of materials; and 5 An explanation of the amendmont preliminary development plan approval process. b. At the time of the meeting with the pig appropriate City staff, the appht eUQ itionek should present a sketch conceptual p above. (3) Review. The planni PlanninE staff shall send the preliminor ' development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the applieaat Pe` ` , the interested parties and technical review bodies may meet together to resolve, if possible, issues and difficulties associated with the development proposal. These meetings v411 be open to the publie are subect to KRS 424. (4) Planning Commission action. Norev limi-r- development plan will be considered for Commission action until the appropriate review agencies and public interests have reviewed the plan. (5) The Commission may pursue the following actions: a. Approval. The preliminary development plan is ready for certification as presented. b. Conditional approval. The elinin development plan will be certified when the apglieant ftioner has complied with the conditions of approval set forth Commission in the Gemmissie& aefien en the d"opment VI c. Disapproval. The eI' development plan has been disapproved by the pi Commission. To request new review and action, the c; must file anew applieat3egpetitiu, , and development plan. d. Continuance. In circumstances where further resolution is required, the Commission may continue final action until further information is ascertained or the resolution of conflicts occurs. (6) Final development plans procedures. a. Only after the Planning Commission has approved the preliminary development plan, and the appmjniate Z6 if fequired; then the an .. must present a final development plan as set forth in subsection (h) (2) (e b) prior to the issuance of any building permits. The final development plan must be reviewed to ensure that: 1. The plan 944-eempkanee complies with the preliminary development plan. 2. The plan ccs = with the eEheasive-visa Comprehensive Plan, the Zoning Code, edw City ordinances, regulations, of policies and all other applicable laws mW-Feg�s. 8 3. Where appropriate, the review agencies may assess the document and forward their comments to the eity Planning prior to final development plan approval. 4. When all final Daae,,=. plans are submitted the applicant petitioner shall also make a digital submission that complies with the regulations of Chapter 102 Section 39 (d) of the Code of Ordinances ef4he city of Refluesh. b. If the final development plan complies with this subsection, the Planning Commission Chair will certify on the face of the plan that all requirements and applicable conditions have been satisfied. (j) Amendments to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format and procedures shall be the same as for the original submission. However, amendments which fiilly meet the requirements set forth hereinafter as minor amendments shall be approved and certified by the Zoning Administrator without further action by the Planning Commission (1) Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments: a. Shall not decrease the overall land area . s or edw open spaces; b. Shall not increase building ground area coverage, floor area, height or increase the number of dwelling units; c. May increase building ground area coverage for accessory buildings; or principal buildings if additions are less than ten (10) percent and additional parking can be provided without disruption to major plan elements; d. Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets; e. May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off- street parking spaces than required for the original development plan To qualify as a minor amendment this reduction may not be less than would be required by the zoning disW regulations.ex-eess 84, (2) Procedures for minor amendments. a. Review. The City shall review the plan for compliance with all applicable requirements and ordinances_ aad shA eenwAt vAth Concemed agencies as appropriate shall be consulted to assure proper plan review. Upon determination that all requirements have been met, planning staff shall submit As their findings to the Planning Commission Chair for certification. If any question arises as to compliance, however the plan shall be referred to the Planning Commission. b. Certification. Upon certification of approval by the Planning Commission Chair, planning staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the devel" nditione and return the original plan to the (3) Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that: a. The title shall indicate the plan as a minor amendment; b. A note shall be added listing the exact nature of the requested changes; C. The following shall be the required language for the Planning Commission Chair's certification affixed to the plans: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans." d. Owners of interest shall complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon and do adopt this as my (our) development plan for the property " redz langww Y Y J and affi*ed to the pka& (k) Relationship to subdivision regulations. The mlatienships relai between development plans and the subdivision regulations are established as follows: (1) Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan. 9 (2) Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the appliboner and the Planning Commission to combine requirements for development Plans and preliminary subdivision plats in order to streamline development approval pmeew while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan: a. The dgvelepeF Rptitioner shall meet with planning staff no later than five (5) business days in advance of the filing deadline to discuss the appropriateness of filing a combined plat. b. The plan shall show all information required for a development plan final 00 appmpriata) and all information --ir-ed A— and a preliminary subdivision plat as set forth in the subdivision regulations. (3) Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized in certain cases a preliminary or final subdivision plat would be as appropriate, or more appropriate, to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, and where the appliew# petitioner has wave plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When air appheaa 3 i, . oner is required to provide a development plan in conjunction with a zoning map amendment request, the epph tioner may file a subdivision plat in place of the development plan, if deemed appropriate by the City. In any disputed case, the City shall make the final judgment as to whether a development plan or subdivision plat is required. 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 Resolution 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 Resolution to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. Cathy Cre u Chairwoman Adopted by the Paducah Planning Commission on September 8, 2022 10