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HomeMy WebLinkAboutAgenda Packet 07-12-2022ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION Paducah Wall to Wall Murals - Robert Dafford & Ro Morse NEW EMPLOYEE INTRODUCTIONS Jeffrey Prescott - Deputy Electrical Inspector 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 JULY 12, 2022 5:00 PM Approve Minutes for June 28, 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 ADDITIONS/DELETIONS PRESENTATION Paducah Wall to Wall Murals - Robert Dafford & Ro Morse NEW EMPLOYEE INTRODUCTIONS Jeffrey Prescott - Deputy Electrical Inspector 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 June 28, 2022 B. Receive & File Documents C. Reappointment of Melanie Nunn to the Municipal Housing Authority D. Reappointment of Christopher B. Jones to the Tree Advisory Board E. Appointment of Pam Teves -Mani and Bruce Carter to the Civic Beautification Board F. Personnel Actions G. Approve a Memorandum of Agreement with Harriett Reed for Property Tax Incentives for 5345 Hinkleville Road and 5435 US Highway 60 - J SOMMER H. Declaration and Sale of Surplus Property 832 N. 7th St., 836 N. 7th St., and 626 Boyd St. - N HUTCHISON II. MUNICIPAL ORDER(S) L Application and Acceptance of $1000 2022 USTA Grant Award for Tennis Programs - A CLARK II. MUNICIPAL ORDER(S) III. ORDINANCE(S) - ADOPTION A. I Consensual Annexation of 1630 North Friendship Road - J SOMMER IV. ORDINANCE(S) - INTRODUCTION A. Consensual Annexation of 3520 Olivet Church Road - J SOMMER V. COMMENTS A. I Comments from the City Manager B. I Comments from the Board of Commissioners C. I Comments from the Audience VI. EXECUTIVE SESSION A. Authorize Surplus Property Transfer of 4524 Buckner Lane (Lavelle Park) - D JORDAN III. ORDINANCE(S) - ADOPTION A. I Consensual Annexation of 1630 North Friendship Road - J SOMMER IV. ORDINANCE(S) - INTRODUCTION A. Consensual Annexation of 3520 Olivet Church Road - J SOMMER V. COMMENTS A. I Comments from the City Manager B. I Comments from the Board of Commissioners C. I Comments from the Audience VI. EXECUTIVE SESSION June 28, 2022 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, June 28, 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, and Mayor Bray (4). Commissioner Wilson was absent. INVOCATION Commissioner Gault led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. NEW EMPLOYEE INTRODUCTIONS Chief Brian Laird introduced 911 Communications Services Manager Kimberly Clark; and Telecommunicators Dalen McNeese. MAYOR'S REMARKS Mayor Bray spoke about the 911 upgrade. The Mayor watched the June 27th Fiscal Court Meeting and is hopeful that the City and County will be able to reach an agreement on the 911 upgrade. There are three (3) reasons that the Mayor believes the 911 upgrade is important: 1. Ownership — the City of Paducah has ownership of the 911 system. 2. Public Safety — the system is out of date and there are dead spots which need to be addressed for public safety. 3. Funding — the upgrade will be expensive and there must be adequate funding for the project. If McCracken County does not become a full partner on the project, then City taxpayers will more heavily burdened with the cost of the upgrade. There is a limited amount of funding available from the bond issue. The 911 Communications Oversight Committee is working through funding issues and meeting bi- weekly to develop a recommendation for the Paducah City Commission and the McCracken County Fiscal Court. The Mayor would like to see more certainty on the timeline and more of a sense of urgency to complete the upgrade. The Mayor trusts the Judge and each County Commissioner, but the City and County have different needs, problems and money sources. These differences must be worked through to accomplish the goal. The County has urged the City to sign an Interlocal Agreement for the Sports Complex. The Interlocal Agreement has not been negotiated, but the Mayor has asked the City Manager and the Deputy Judge Executive to work through the finer points of the Sports Complex Interlocal Agreement. Commissioners Henderson, Gault and Guess agreed that the 911 upgrade is an important project and that they want to work on the issues to find a solution. June 28, 2022 CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. I(A) Approve Minutes for June 14, 2022, Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Deed File: 1. Deed of Conveyance William G. Camp and Betty Heath Camp, Co -Executors of the Estate of D. Joan Estes, Deceased. 3179 Jackson Street MO 92573 Contract File: 1. Paducah Riverfront Hotel (Holiday Inn) — First Supplemental Bond Purchase Agreement ORD 2022-06-8737 2. City of Paducah Fleet Maintenance Agreement with Smithland Fire Department — MO #2587 Financials: 1. Paducah Water Works period ending May 31, 2022 I(C) Reappointment of Dabney Haugh and Carol Vanderboegh to the Civic Beautification Board. Said terms shall expire July 1, 2026. I(D) Personnel Actions I(E) A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO PAY KENTUCKY LEAGUE OF CITIES FOR WORKERS' COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,229,741.95 FOR THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2593; BK 12) I(F) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 517 NORTH 14TH STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF PADUCAH ALLIANCE OF NEIGHBORS IN THE AMOUNT OF ONE DOLLAR ($1.00) AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2594; BK 12) I(G) A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO INITIATE A REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR PRESERVATION ASSESSMENT AND STEWARDSHIP OF CERTAIN HISTORIC ASSETS AND NEIGHBORHOODS (MO #2595; BK 12) I(H) A MUNICIPAL ORDER AUTHORIZING THE EXECUTION OF A RENEWAL APPLICATION TO THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION FOR LOCAL EXPANDED JURISDICTION FOR THE FIRE PREVENTION DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME (MO #2596; BK 12) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). June 28, 2022 MUNICIPAL ORDERS APPROVE CONTRACT FOR SERVICES WITH GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL FOR FY2023 IN THE AMOUNT OF $250,000 Commissioner Guess offered Motion, seconded by Commissioner Gault, to approve a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC SERVICES." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). (MO #2597; BK 12) APPROVE CONTRACT WITH WEYLAND VENTURES DEVELOPMENT LLC FOR CITY BLOCK PUBLIC FACILITIES IN THE AMOUNT OF 3,664,336 Commissioner Henderson offered Motion, seconded by Commissioner Gault, to approve a Municipal Order entitled, "A MUNICIPAL ORDER DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR THE COST OF CAPITAL EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS, AUTHORIZING A NOTICE TO PROCEED WITH CONSTRUCTION AND UPDATED LETTER OF COMMITMENT WITH WEYLAND VENTURES DEVELOPMENT, LLC, AUTHORIZING THE USE OF CAPITAL IMPROVEMENT FUND FUND BALANCES UNTIL SUCH TIME AS REIMBURSEMENT IS REALIZED, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME." PUBLIC COMMENT: Clayton Norton spoke regarding his opposition to the City Block Project. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). (MO #2598; BK 12) ORDINANCE ADOPTIONS ZONING TEXT AMENDMENTS - SECTIONS 126-73,126-83, AND 126-108 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners, adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This Ordinance is summarized as follows: This ordinance amends Sections 126-73, 126-83, and 126-108 of the Paducah Code of Ordinances. This amendment allows for staff approval of certain home occupations, greater tree canopy protections for proposed new developments, revised Mobile Food Vehicles to reflect the changes adopted by the National Fire Prevention Association, and allows hotel/motel rooms, short term rental rooms and bed & breakfast rooms to be allowed above, below or in the rear one-third of the ground floor in the Downtown Business Townlift Zone (B -2-T) and the Historic Commercial Zone (h-1) to protect street character and vitality. Adopted on call of the roll yeas, Commissioners Guess, Henderson, and Mayor Bray (3). Commissioner Gault abstained from this vote (1). (ORD 2022-06-8741; BK 36) June 28, 2022 CONSENSUAL ANNEXATION OF 5345 HINKLEVILLE ROAD Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners, adopt an Ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMIT." This Ordinance is summarized as follows: The City of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the present city limits, located at 5345 Hinkleville Road, containing approximately 5.22 acres of land. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). (ORD 2022-06-8742; BK 36) ORDINANCE INTRODUCTION CONSENSUAL ANNEXATION OF 1630 NORTH FRIENDSHIP ROAD Commissioner Henderson offered Motion, seconded by Commissioner Gault, that the Board of Commissioners, introduce an Ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This Ordinance is summarized as follows: The City of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the present city limits, located at 1630 North Friendship Road, containing approximately 1.962 acres of land. ADJOURN Commissioner Gault offered motion, seconded by Commissioner Guess, that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). TIME ADJOURNED: 5:37 p.m. ADOPTED: July 12, 2022. George P. Bray, Mayor ATTEST: Lindsay Parish, City Clerk July 12, 2022 RECEIVE AND FILE DOCUMENTS: Contract File: 1. Amendment to Contract For Custodial Agreement between Atlas Cube and the City of Paducah Parks and Recreation Department — Custodial Services — Signed by Amie Clark, Director 2. Contract with Systems Solutions — security camera system repair/upgrade and security access control — Police Department — $50,283.70 - MO #2583 3. Purchase Quote - SCANNA MSC for ScanSile Portable X -Ray Unit — MO 92585 4. Contract For Services with Paducah Convention & Visitors Bureau in the amount of $25,000 for 2022 Quilt Show marketing — MO 92592 5. Renewal Application For Expanded Jurisdiction — Fire Prevention — MO #2596 6. Contract For Services with Greater Paducah Economic Development Council for FY2023 in the amount of $250,000 — MO #2597 7. Contract Modification 91 — Increase of Scope in Professional Services Contract with HDR, Inc. for Dredging Project — ORD 2022-06-8738 CITY OF PADUCAH July 12, 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. Michelle .Sw Olev. City Manager's Office Signature 7/7/2022 Date CITY OF PADUCAH PERSONNEL ACTIONS July 12, 2022 POLICE Smith, Matthew L. Detective Captain Retirement July 31, 2022 TECHNOLOGY Dowdy, Gregory A. Network Administrator Retirement June 20, 2022 FIRE -SUPPRESSION POSITION RATE OF PAY NCSICS FLSA EFFECTIVE DATE Wrinans, Michael Firefighter Recruit $14.32Ihr NCS Non -Ex July 28, 2022 Hatton, Nicholas Firefighter Recruit $14.321hr NCS Non -Ex July 28, 2022 Bogart, Nicholas Firefighter Recruit $14.321hr NCS Non -Ex July 28, 2022 Prescott, Trayle Firefighter Recruit $14.321hr NCS Non -Ex July 28, 2022 Uhlry, Matthew Firefighter Recruit $14.321hr NCS Nan -Ex July 28, 2022 Mattock, Hunter Firefighter Recruit $14.321hr NCS Non -Ex July 28, 2022 Bridges, Jakobe Firefighter Recruit $14.321hr NCS Non -Ex July 28, 2022 < ",.. `T;'+ rlru iii ..K .-_,ii4S ;ii'' •, ,!1?.,L}Y- iEd'I -: °.'r.li�. EWI_jPFE—SP_ART1TWT PARKS & RECREATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Dixon 11, Tommy E. Park Ranger $14.001hr NCS Non -Ex July 14, 2022 e tl'�i: k A,;�14r � I� r z 'a c '4td "'' ' t' n Wh'P YROLl: D'' USTMENTS!lRANSF.ERSfPROMOIfO S[TE . -KARYA SIG ME Si ,UL ,: ME :"'''k ,; ul sz . i p°.`-;' ' � � i "•• i! PREVIOUS POSITION CURRENT POSITION FIRE - SUPPRESSION AND BASE RATE OF PAY AND BASE RATE OF PAY NCSICS FLSA EFFECTIVE DATE Denton, David Deputy Chief Deputy Chief NCS Ex July 14, 2022 $45.841hr $46.991hr PARKS & RECREATION Askew, LaMiira Administrative Assistant Administrative Assistant NCS Non -Ex July 14, 2022 $16.891hr $17.231hr Shelton, Gregory Laborer Parks Maintenance Supervisor NCS Ex July 14, 2022 $19.371hr $24.001hr POLICE Hodges, William J. Captain Captain NCS Ex July 14, 2022 $16.891hr $17.231hr Watson, Travis L. Detective Sergeant Detective Captain NCS Ex August 11, 2022 $31.911hr $37.801hr Thompson, Steven L. Operations Sergeant Operations Captain NCS Ex August 11, 2022 $31.9Mr $37.801hr p � _MIN _ '7n. ,FSt �l , a.sll::y��l I� 'Ia'. it lf4 .,mo i;, i jj, ti;.:i tib iiti h -; :iT �l TERM]NWTI N5VF. LL- I 'tF I+ k.r,r7irdl 4 ; FIRE -SUPPRESSION POSITION REASON EFFECTIVE DATE Larson, Adam Relief Driver/ EMY Resignation July 8, 2022 POLICE Smith, Matthew L. Detective Captain Retirement July 31, 2022 TECHNOLOGY Dowdy, Gregory A. Network Administrator Retirement June 20, 2022 Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Approve a Memorandum of Agreement with Harriett Reed for Property Tax Incentives for 5345 Hinkleville Road and 5435 US Highway 60 - J SOMMER Category: Municipal Order Staff Work By: Josh Sommer, Nicholas Hutchison, Jonathan Perkins Presentation By: Josh Sommer Background Information: The Board of Commissioners approved Ms. Harriett Reed's consensual annexation of her 3.79 acre tract into the City of Paducah on June 28, 2022. This MOA will effectualize the City of Paducah Real Estate property tax reimbursement for five years. Two tracts (5345 Hinkleville Road and 5435 US Highway 60) are included in this reimbursement MOA. Said reimbursement term shall be from July 13, 2022 to July 13, 2027. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: I . MO - agree - Incentive — Harriet Reed 5345 Hinkleville Road Annexation 2. Reed signed MOA MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WITH HARRIETT REED FOR PROPERTY TAX INCENTIVES RELATED TO THE ANNEXATION OF 5345 HINKLEVILLE ROAD AND 5435 U.S. HIGHWAY 60, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah has established an annexation incentive program to provide certain annexation incentives in the City; and WHEREAS, the City of Paducah approved the consensual Annexation of 5345 Hinkleville Road (which includes 5435 U. S. Highway 60), on June 28, 2022, by Ordinance No. 2022-05-8742; and WHEREAS, Harriett Reed, property owner of 5345 Hinkleville Road, wishes to voluntarily participate in the City annexation incentive program whereby the property described above was previously annexed into the City of Paducah; and WHEREAS, the City of Paducah now wishes to provide a property tax incentive to the property owner as an annexation incentive. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Board of Commissioners hereby approves and authorizes the Mayor to execute a Memorandum of Agreement with Harriett Reed, in substantially the form attached hereto and made part hereof (Exhibit A), to provide a property tax reimbursement incentive. SECTION 2. That the term of the property tax incentive shall be over a designated five (5) year period. SECTION 3. That 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, July 12, 2022 Recorded by Lindsay Parish, City Clerk, July 12, 2022 mo/agree - Incentive — Harriet Reed 5345 Hinkleville Road Annexation EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this 12th day of July, 2022, by and between the City of Paducah, Kentucky (hereafter referred to as "City") and Ms. Harriett Reed (hereafter referred to as "Property Owner"). City and Property Owner are each a "Party" and collectively the "Parties". RECITALS WHEREAS, the Property Owner is the owner of a certain tracts of real property consisting of approximately 12.79 acres, more or less, which are located at 5345 Hinkleville Road in McCracken County and 5435 US Highway 60 West in the City of Paducah; and WHEREAS, 5345 Hinkleville Road is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and when annexed, developed, and/or sold will utilize and benefit from municipal services, including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby 5345 Hinkleville Road shall be annexed into the corporate limits of the City of Paducah; and WHEREAS, the social and economic well-being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote economic development, and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation, with all services, rights, privileges and other amenities appertaining thereto; and WHEREAS, as an incentive to the Property Owner to incorporate 5345 Hinkleville Road into the City through consensual annexation in order to make all municipal services available to said properties and to facilitate overall municipal growth, the Parties enter into an agreement by which the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from any property located therein, over a designated five (5) year period for both 5345 Hinkleville Road and 5435 US Highway 60 West. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: 5345 Hinkleville Road shall be annexed into the City pursuant to KRS 81A.412. SECTION 2. PROPERTY TAX INCENTIVE: (A) Under the terms of this Agreement, the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from 5345 Hinkleville Road and 5435 US Highway 60 West over a designated five (5) year period. (B) The City of Paducah real estate property tax to be reimbursed by the City to the Property Owner under this Agreement shall be paid solely from real estate property tax revenues collected by the City, hereafter referred to as "Tax Revenues," over a defined period of five (5) years for 5345 Hinkleville Road and 5435 US Highway 60 West (the "Reimbursement Term") (C) It is understood that all reimbursements provided in this Agreement shall be made solely to the present Property Owner and not to any subsequent developer, purchasers, tenants or other interests present or future. The Property Owner shall promptly inform the City of Paducah Finance Department upon any change of address to which payments are to be sent. (D) It is agreed that in the event the Property Owner sells, transfers and/or leases any part of either property, the Property Owner shall continue to receive the incentive payments as defined in this Agreement. It is understood that the incentive payments are to be paid directly to the Property Owner regardless as to who owns and/or leases the properties provided the Property Owner is in compliance with all terms of this Agreement. (E) Limitation on Reimbursement of City of Paducah property tax: The City's maximum liability to the Property Owner for reimbursement shall not exceed the total verified sum of all City real estate property tax revenues collected over a designated five (5) year period for both properties. (F) This Agreement shall commence upon its execution by both the Parties and the reimbursement term shall begin on July 13, 2022 for a period of five (5) years terminating on July 13, 2027. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the reimbursement term, this provision of this Agreement shall be null and void. SECTION 3. DEFAULT; REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to reimburse the Property Owner on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non -breaching party shall be entitled to all remedies provided by law nor shall the City's total liability ever exceed one hundred percent (100%) of the total real estate property tax paid to the City of Paducah as collected from 5345 Hinkleville Road and 5435 US Highway 60 West. SECTION 4. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5t" Street Paducah, KY 42003 PROPERTY OWNER: Walter & Harriett Reed Revocable Living Trust Attn: Harriett Reed, Trustee 1670 Spring Branch Road Northeast New Salisbury, IN 47161 SECTION 5. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if 5345 Hinkleville Road is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, 5345 Hinkleville Road is de -annexed at any time. SECTION 6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer, or representative of either Party hereto. There are no promises, representations, covenants, undertakings, restrictions or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns, provided, however, that this Agreement shall not be transferred or assigned to a different property owner. SECTION 8. SEVERABILITY: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: ATTEST: Lindsay Parish, City Clerk S George Bray, Mayor Walter & Harriett Reed Revocable Living Trust Z Harriett Reed Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Declaration and Sale of Surplus Property 832 N. 7th St., 836 N. 7th St., and 626 Boyd St. - N HUTCHISON Category: Municipal Order Staff Work By: Nancy Upchurch Presentation By: Nicholas Hutchison Background Information: Tyrell Grant proposes to use the area for a community garden that will provide free food for the community, help families educate children about healthy foods, teach gardening techniques, and to turn vacant lots into beautiful productive property. Phase I (first year) goals is to build raised beds, a storage shed, one greenhouse, rain barrels, benches and fence the property. Phase II ( by end of year 2) they plan to plant fruit trees, enlarge or build a second or enlarge shed and greenhouse, compost areas, expand seating and add more rain barrels. Proposed investment: $8432.00 All the food grown in the garden will be free and handed out to those in need or given to community kitchens in the Paducah Community. For additional information, see the attached staff report. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: The lots are in the Northside Neighborhood. A community garden like the one proposed would be an asset to the community. Therefore, it is recommended to determine that the property is surplus and accept the request of Tyrell Grant to transfer the lots at 832 N. 7th St., 836 N. 7th St., and 626 Boyd St. for $400 per lot, a total of $1200, subject to the standard clause applied in the Fountain Avenue Revitalization Area stating that the property would revert back to the City if the owner fails to comply with the submitted proposal and fails to substantially complete the project within two years. Attachments: 1. MO - prop sale— 832 North 7th St., 836 North 7th St., and 626 Boyd St. STAFF REPORT PADUCAH CITY COMMISSION APPLICATION INFORMATION ADDRESS 832 N. Th St., 836 N. Th St., and 623 Boyd St. (3 lots) CASE No. SOA2022-0003(1-3) OWNER City of Paducah APPLICANT Tyrell Grant REQUEST Sale of Asset HEARING DATE July 12, 2022 GENERAL SITE INFORMATION CURRENT ZONING CURRENT LAND USE COMPREHENSIVE PLAN CURRENT IMPROVEMENTS FLOODPLAIN PUBLIC UTILITIES PUBLIC R-4 Vacant None No Power, gas, water Paducah Fire, Paducah Police SURROUNDING AREA INFORMATION GENERAL INFORMATION The disposition of surplus or excess property is governed by City Code Section 2-668; SURROUNDING ZONING SURROUNDING LAND USE NORTH R-4 Vacant and Single-family SOUTH R-4 Multi -Family EAST R-4 Vacant WEST R-4 Vacant and Single Family GENERAL INFORMATION The disposition of surplus or excess property is governed by City Code Section 2-668; which references KRS 82.083. The disposition of any property requires a written determination that includes: a description of the property; its intended use at the time of acquisition; the reason why it is in the best interest of the city to dispose of the item; and the method of disposition to be used. DESCRIPTION OF THE PROPERTY: 832 AND 836 N. 7TH ST. AND 626 BOYD ST. Intended Use at the time of Acquisition The City the property at 832 N. 71h St. and 626 Boyd St. by deed by deed recorded on July 18, 2016 in book 1325 Page 49, for $1 from the property owner, and 836 N. 7th St. acquired by Commissioners Deed recorded on Feb. 27, 2017 in book 1339 Page 206. The property is outside the designated revitalization areas, there was no special intended use at the time of acquisition. DISPOSITION OF THE PROPERTY Typically, it is in the best interest of the City to transfer ownership of underutilized parcels to a responsible citizen, thereby placing the property back on the tax rolls and eliminating the maintenance and liability costs. BID INFORMATION This property was advertised on the City website and in the Paducah Sun on April 30, 2022. Deadline to bid was 4 PM, May 25, 2022. The bids were opened at 9 AM on Thursday, May 26, 2022. Terrell Grant submitted a bid for the three lots. His bid was the only bid received for the properties. BID #1 Tyrell Grant Bid Amount: $400 per lot: total bid of $1200 Proposed Investment: $8432.00 Tyrell Grant proposes to use the area for a community garden that will provide free food for the community, help families educate children about healthy foods, teach gardening techniques, and to turn vacant lots into beautiful productive property. Phase I (first year) goals is to build raised beds, a storage shed, one greenhouse, rain barrels, benches and fence the property. Phase II (by end of year 2) they plan to plant fruit trees, enlarge or build a second or enlarge shed and greenhouse, compost areas, expand seating and add more rain barrels. All the food grown in the garden will be free and handed out to those in need or given to community kitchens in the Paducah Community. STAFF RECOMMENDATION The lots are in the Northside Neighborhood. A community garden like the one proposed would be an asset to the community. Therefore, it is recommended to determine that the property is surplus and accept the request of Tyrell Grant to transfer the lots at 832 N. 7th St., 836 N. 7th St., and 626 Boyd St. for $400 per lot, a total of $1200.00 subject to the standard clause applied in the Fountain Avenue Revitalization Area stating that the property would revert back to the City if the owner fails to comply with the submitted proposal and fails to substantially complete the project within two years. MUNICIPAL ORDER NO. A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 832 NORTH 7TH ST., 836 NORTH 7TH ST., AND 626 BOYD ST., PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF TYRELL GRANT IN THE AMOUNT OF FOUR HUNDRED DOLLARS ($400) EACH, FOR A TOTAL BID OF ONE THOUSAND TWO HUNDRED DOLLARS ($1,200) AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME WHEREAS, pursuant to KRS 82.083 a written determination has been made that the City does not have any use at this time or in the future for properties located at 832 North 7' St., 836 North 7th St., and 626 Boyd St., Paducah, Kentucky, which constitutes surplus real estate; and WHEREAS, the City advertised for bids on April 30, 2022, and one bid was received and opened on May 26, 2022; and WHEREAS, the City desires to accept the bid of Tyrell Grant, in the total amount of One Thousand Two Hundred Dollars ($1,200, ($400 per lot), who proposes to create a community garden; and WHEREAS, the Tyrell Grant proposes a total investment of $8,500. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby declares the property located at 832 North 7' St., 836 North 7th St., and 626 Boyd St., Paducah, Kentucky to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby accepts the bid of Tyrell Grant in the amount of One Thousand Two Hundred Dollars ($1,200), ($400 per lot) for the purchase of real property located at 832 North Th St., 836 North 71h St., and 626 Boyd St., Paducah, Kentucky. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 12, 2022 Recorded by Lindsay Parish, City Clerk, July 12, 2022 \mo\prop sale— 832 North 7th St., 836 North 7th St., and 626 Boyd St. Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Application and Acceptance of $1000 2022 USTA Grant Award for Tennis Programs - A CLARK Category: Municipal Order Staff Work By: Hope Reasons Presentation By: Amie Clark Background Information: USTA Southern is a regional branch of the United States Tennis Association. USTA offers a number of programs and grants to initiate or expand the sport at the local level. The Parks and Recreation Department has applied for and received this grant in 2020 and 2021. The Department will utilize this funding to conduct beginner and advanced tennis workshops in the fall of 2022. 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 sign all documents related to the submission and acceptance of this grant program. Attachments: 1. MO - application & award -United States Tennis Association 2022 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2022 PROGRAM GRANT THROUGH THE UNITED STATES TENNIS ASSOCIATION (LISTA) SOUTHERN TO CONDUCT BEGINNER AND ADVANCED TENNIS WORKSHOPS IN THE FALL OF 2022, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application for a 2022 Grant through the United States Tennis Association (LISTA) Southern. This grant is in the amount of One Thousand Dollars ($1,000), and will be used to conduct beginner and advanced tennis workshops in the Fall of 2022. SECTION 2. That the City of Paducah hereby accepts all grant funds awarded through the United States Tennis Association (LISTA). No local match is required. SECTION 3. 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, July 12, 2022 Recorded by Lindsay Parish, City Clerk, July 12, 2022 MO\grants\application & award -United States Tennis Association 2022 Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Authorize Surplus Property Transfer of 4524 Buckner Lane (Lanelle Park) - D JORDAN Category: Municipal Order Staff Work By: Daron Jordan, Lindsay Parish, Arnie Clark Presentation By: Daron Jordan Background Information: Address 4524 Buckner Lane Owner City of Paducah Zoning R- I Request Transfer of Property GENERAL INFORMATION The disposition of surplus or excess property is governed by City Code Section 2-668 which references KRS 82.083. KRS 82.083(3) Before selling or otherwise disposing of any real or personal property, the city shall make a written determination setting forth and fully describing: (a) The real or personal property; (b) Its intended use at the time of acquisition; (c) The reasons why it is in the public interest to dispose of it; and (d) The method of disposition to be used. KRS 82.083(4) Real or personal property may be: (a) transferred, with or without compensation to another governmental agency. DESCRIPTION OF THE PROPERTY: 4524 BUCKNER LANE (VACANT LOT) INTENDED USE AT THE TIME OF ACQUISITION The City acquired the property at 4524 Buckner Lane by the Last Will & Testament of Lanelle Phelps Boyles recorded in the McCracken County Clerk's Office in Will Book No. VVV, Page 29. Said Last Will & Testament required the following: "The devise of this tract of land to the City of Paducah is to be made part of the Clyde F. Boyles Memorial Greenway" to be used for the development and maintenance of walking -bike trails and the preservation of wildlife and plants within the city limits of Paducah, Kentucky. The tract of land shall be restricted in its usage in that there shall not be any permanent buildings located on the land, the land shall not be used for vehicle parking and there shall be no concrete or asphalt pavement on the land except for the possible use for the walking -bike trails." The Last Will & Testament went on to describe how the property should be transferred if and when it were to be decided that the City no longer wished to own and maintain the land as follows: "In the event the City of Paducah disclaims this devise or the City decides at some future time that it no longer wants to own and maintain the land or no longer wants to own and maintain the land subject to the restrictions stated herein, then in such event the above described land shall be devised to and become the property of the McCracken County Human [sic] Society, Inc., or its successor, absolutely and in fee. The McCracken County Humane Society, Inc., or its successor, shall be free to use, sell, lease, exchange or take any other action regarding the land without any of the restrictions described hereinabove if and when the City of Paducah owns the land." THE REASONS WHY IT IS IN THE PUBLIC'S BEST INTEREST The property is currently an undeveloped park. It is hereby determined that the City does not intend to utilize the property for walking -bike trails and the preservation of wildlife plants as set forth in the Last Will & Testament and that it is in the best interest of the City to transfer ownership of underutilized parcels to eliminate maintenance and liability costs. METHOD OF DISPOSITION The method of disposition is by transfer, without compensation, to another governmental agency, namely the McCracken County Humane Society, Inc. RECOMMENDATION Declare the property located at 4524 Buckner Lane as surplus property and transfer without compensation to the McCracken County Humane Society, Inc. as outlined in the Last Will & Testament of Lanelle Phelps Boyles. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Funds Available: Account Name: N/A Account Number: N/A Staff Recommendation: Approval. Attachments: None MUNICIPAL ORDER NO. A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 4524 BUCKNER LANE TO BE SURPLUS PROPERTY, TRANSFERRING THE PROPERTY WITHOUT COMPENSATION TO THE MCCRACKEN COUNTY HUMANE SOCIETY, INC., AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME WHEREAS, pursuant to KRS 82.083 a written determination has been made that the City does not have any use at this time or in the future for property located at 4524 Buckner Lane, also known as Lanelle Park, which constitutes surplus real estate; and WHEREAS, the City received said property as part of the Last Will & Testament of Lanelle Phelps Boyles; and WHEREAS, said Last Will & Testament set out that the property be used for the development and maintenance of walking -bike trails and the preservation of wildlife and plants within the city limits of Paducah, Kentucky; and WHEREAS, said Last Will & Testament sets out that in the event the City of Paducah disclaims said property or decides at some future time that it no longer wants to own and maintain the land, then said property shall become the property of the McCracken County Humane Society, Inc., or its successor, absolutely and in fee. WHEREAS, the City desires to transfer said property to the McCracken County Humane Society, Inc. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby declares the property located at 4524 Buckner Lane to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby transfers the property located at 4524 Buckner Lane to the McCracken County Humane Society, Inc. Further, it is determined that it is necessary and desirable and in the best interest of the City to execute the deed for transfer of said property. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the transfer of the real property approved in Section I above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, _ \mo\prop transfer — 4524 Buckner Lane — Lanelle Park Mayor Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Consensual Annexation of 1630 North Friendship Road - J SOMMER Category: Ordinance Staff Work By: Josh Sommer, Nicholas Hutchison Presentation By: Josh Sommer Background Information: The property owner, Mr. William Evans, has requested consensual annexation into the City of Paducah. The parcel contains approximately 1.93 acres. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD - Annex — Consensual 1630 North Friendship Road 2. Signed annexation request letter 3. 1630 North Friendship Road Annex Plat 4. Tract 1 Desc - signed ORDINANCE NO. 2022- - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 1.93 acres of land located at 1630 North Friendship Road is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, the owners of said property, William Anthony Evans, has requested said consensual annexation in writing to the Board of Commissioners, and he intends to take advantage of the City of Paducah Real Estate Property Tax reimbursement and sanitation incentive; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 1 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.93445 and being generally located south of North Friendship Road, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point in the north right-of-way line of North Friendship Road, said point being a point in the existing City of Paducah limits; Thence along the north right-of-way line of North Friendship Road and with existing City of Paducah limits, S66°54'43"E a distance of 298.35 ft. to a point; Thence leaving the above said right-of-way line of North Friendship Road and along new City of Paducah limits with the east property line of said Tract 1 and the west property line of the Randy and Melissa Dumes property (recorded in Deed Book 1278, Page 311), S26°28'50"W a distance of 410.53 ft. to a point, said point being the southeast corner of said Tract 1, said point also being in the east property line of the Faith Missionary Baptist Church (recorded in Deed Book 576, page 154); Thence along the east property line of above said Faith Missionary Baptist Church property and with new City of Paducah limits, N27°39'21"W a distance of 338.13 ft. to a point, said point being the northeast corner of the Faith Missionary Baptist Church property, said point also being the southeast corner of the Bobby G. & Joanna Smith property (no record found), said point also being the northwest corner of said Tract 1; Thence along the west property line of said Tract 1 and along the east property line of the above said Smith property with new City of Paducah limits, N19°30'51"E a distance of 196.23 ft. to the Point of Beginning. The above described Tract contains 1.962 acres. The above described tract is the entire property of William Anthony Evans (recorded in Deed Book 1440, Page 344) and a part of Commonwealth of Kentucky — North Friendship Road right-of-way. The above described Tract is not for Land Title Transfer but for annexation proposes only. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. 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, June 28, 2022 Adopted by the Board of Commissioners, Recorded by Paducah City Clerk, Published by The Paducah Sun, ORD\Plan\Annex — Consensual 1630 North Friendship Road 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 2022- - adopted by the Board of Commissioners of the City of Paducah at a meeting held on WITNESS, my hand and seal of the City of Paducah, this day of , 2022. Lindsay Parish, City Clerk May 4, 2022 City of Paducah Planning Department Attn: Joshua P. Sommer 300 South 5a` Street Paducah, KY 42003 Re: Annexation request Dear Josh: I, William Evans, am requesting annexation of 1630 North Friendship Road into the City of Paducah, pursuant to KRS 81A.412. This parcel totals approximately 1.93 acres and meets the requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive and the sanitation pick up incentive for this property. It is further requested that this parcel be zoned Convenience and Service Zone (B-1) by the Paducah Planning Commission upon annexation. Thank you, William Evans __ __ ? O � Avmm _Nwa § -__.m_a � a29J§r�e JaG2jE §r ecaazI \/ of }r§ ,;.., t§§ BACON I FARMER I WORKMAN ENGINEERING & TESTING, INC. 500 SOUTH 17th STREET I PADUCAH, KY 42003 CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 1 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located south of North Friendship Road, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point in the north right-of-way line of North Friendship Road, said point being a point in the existing City of Paducah limits; Thence along the north right-of-way line of North Friendship Road and with existing City of Paducah limits, S66054'43"E a distance of 298.35 ft. to a point; Thence leaving the above said right-of-way line of North Friendship Road and along new City of Paducah limits with the east property line of said Tract 1 and the west property line of the Randy and Melissa Dumes property (recorded in Deed Book 1278, Page 311), S26028'50"W a distance of 410.53 ft. to a point, said point being the southeast corner of said Tract 1, said point also being in the east property line of the Faith Missionary Baptist Church (recorded in Deed Book 576, page 154); Thence along the east property line of above said Faith Missionary Baptist Church property and with new City of Paducah limits, N27039'21"W a distance of 338.13 ft. to a point, said point being the northeast corner of the Faith Missionary Baptist Church property, said point also being the southeast corner of the Bobby G. & Joanna Smith property (no record found), said point also being the northwest corner of said Tract 1; Thence along the west property line of said Tract 1 and along the east property line of the above said Smith property with new City of Paducah limits, N19°30'51"E a distance of 196.23 ft. to the Point of Beginning. The above described Tract contains 1.962 acres. The above described tract is the entire property of William Anthony Evans (recorded in Deed Book 1440, Page 344) and a part of Commonwealth of Kentucky - North Friendship Road right-of-way. The above described Tract is not for Land Title Transfer but for annexation proposes only. ±'llSiliiill!e��iiiie,Yii'-si!=•:: Y Ir10E.�iS�Ct ,r.Es w pRDFESSIONA .. LAM) 3>lu PI . n�::7; r; l;lill�ifrrl rtil a,'��!'rie;l�" Juvw www.bfwengineers.com Paducah, KY I Murray. KY I Lexington, KY I Marion, IL I Champaign, IL I Springfield, IL I Cape Girardeau, MO I Lewisburg, TN Agenda Action Form Paducah City Commission Meeting Date: July 12, 2022 Short Title: Consensual Annexation of 3520 Olivet Church Road - J SOMMER Category: Ordinance Staff Work By: Nicholas Hutchison, Josh Sommer Presentation By: Josh Sommer Background Information: The property owner, Ms. Jacqueline Bell, has requested annexation into the City of Paducah. The total area proposed to be annexed is 1.176 acres. Upon annexation, the property will be referred to the Paducah Planning Commission to assign an initial zoning classification, said classification is proposed to be B-3 General Business Zone at this time. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: ORD - Annex — Consensual 3520 Olivet Church Road 2. Signed annexation letter 3. 3520 Olivet Church Road - Annex Plat 4. 3520 Olivet Church Road - Legal Desc ORDINANCE NO. 2022 - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 1.176 acres of land located at 3520 Olivet Church Road is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, the owners of said property, Ms. Jacqueline Bell, has requested said consensual annexation in writing to the Board of Commissioners; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.0445 and being generally located east of Olivet Church Road, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point in the centerline of Olivet Church Road, said point also being the southwest corner of the Jordans Crossings Bella Vista LLC property (recorded in DeedBook 1380 , Page 158), said point also beinga point in the existing City of Paducah limits; Thence alongthe south property line of the above said Jordans Crossings Bella Vista LLC property and with existing City of Paducah limits, S75°28'48"E a distance of 323.43 ft. to a point, said point being the northeast corner of said Tract 1, said point also being the northwest corner ofthe George L. & Peggy J. Spencer property (recorded in DeedBook 479, Page 209); Thence leaving the above said south property line ofJordans Crossings Bella Vista LLC, along new City of Paducah limits with the east property line of said Tract 1, S 17°45' 19"W a distance of 155.47 ft. to a point, said point being the southeast corner of said Tract 1; Thence along the south property line of said Tract 1 and with new City of Paducah limits, N74°03' 13 "W a distance of 327.36 ft. to a point, said point being in the centerline of Olivet Church Road; Thence alongthe centerline of Olivet Church Road and with new City of Paducah limits, around a curve to the right with a chord bearing of N10°34'09"E, a chord distance of 147.28 ft., and radius of 785.46 ft. to the Point of Beginning. The above described Tract contains 1.176 acres. The above described tract is the entire property ofJacqueline Ann Bell (recorded in Deed Book 552, Page 112) and a part of Commonwealth of Kentucky - Olivet Church Road right-of-way. The above described Tract is not for Land Title Transfer but for annexation proposes only. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. 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, July 12, 2022 Adopted by the Board of Commissioners, Recorded by Paducah City Clerk, Published by The Paducah Sun, ORD\Plan\Annex — Consensual 3520 Olivet Church Road 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 2022- - adopted by the Board of Commissioners of the City of Paducah at a meeting held on WITNESS, my hand and seal of the City of Paducah, this day of , 2022. Lindsay Parish, City Clerk April 19, 2022 City of Paducah Planning Department Attn: Joshua P. Sommer 300 South 51h Street Paducah, KY 42003 Re: Annexation request Dear Josh: I, Jacqueline Ann Bell, am requesting annexation of 3520 Olivet Church Road into the City of Paducah, pursuant to KRS 81A.412. This parcel totals approximately 1.06 acres and meets the requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive for this property. It is further requested that this parcel be zoned General Business Zone (B-3) by the Paducah Planning Commission upon annexation. Thank you, 3, a,, U� Jacqueline Ann Bell 7 'I*-- .. m_.__�_� .. .. / / ~ ^ a m p G / � i m �N r BFW BACON I FARMER I WORKMAN ENGINEERING &TESTING, INC. 500 SOUTH 17th STREET I PADUCAH. KY 42003 CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT I A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located east of Olivet Church Road, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point in the centerline of Olivet Church Road, said point also being the southwest corner of the Jordans Crossings Bella Vista LLC property (recorded in Deed Book 1380, Page 158), said point also being a point in the existing City of Paducah limits; Thence along the south property line of the above said Jordans Crossings Bella Vista LLC property and with existing City of Paducah limits, S75028'48"E a distance of 323.43 ft. to a point, said point being the northeast corner of said Tract J., said point also being the northwest corner of the George L. & Peggy J. Spencer property (recorded in Deed Book 479, Page 209); Thence leaving the above said south property line of Jordans Crossings Bella Vista LLC, along new City of Paducah limits with the east property line of said Tract 1, S17045'19"W a distance of J.55.47 ft. to a point, said point being the southeast corner of said Tract .1; Thence along the south property line of said Tract JL and with new City of Paducah limits, N74003'13"W a distance of 327.36 ft. to a point, said point being in the centerline of Olivet Church Road; Thence along the centerline of Olivet Church Road and with new City of Paducah limits, around a curve to the right with a chord bearing of N10034'09"E, a chord distance of 147.28 ft., and radius of 785.46 ft. to the Point of Beginning. The above described Tract contains 1.176 acres. The above described tract is the entire property of Jacqueline Ann Bell (recorded in Deed Book 552, Page 112) and a part of Commonwealth of Kentucky - Olivet Church Road right-of-way. The above described Tract is not for Land Title Transfer but for annexation proposes only. 1445 j www.bfwengineers.com Paducah, KY I Murray, KY I Lexington, KY I Marion. IL I Champaign, IL I Springfield, IL I Cape Girardeau, MO I Lewisburg, TN