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Home My WebLink AboutAgenda Packet 09-17-2024 SPECIAL CALLED CITY COMMISSION MEETING AGENDA FOR SEPTEMBER 17, 2024 5:00 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE DELETIONS PUBLIC COMMENTS 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 August 27, 2024, Board of Commissioners Meeting B. Receive & File Documents C. Personnel Actions D. Purchase of One (1) Crew Cab Dump Truck for use by the Public Works Department Street Division E. Purchase of One (1) 3/4Ton Pickup Truck for use by the Parks Department F. Approve Funding Agreement with Paxton Park for a Greens mower in the Amount of $50,000 II. MUNICIPAL ORDER A. Authorize the Acceptance of a National Park Service Paul Bruhn Grant in the amount of $750,000. --H.REASONS B. Authorize reimbursement to the Industrial Development Authority not to exceed $958,404 for site preparation at the Triple Rail Site in West Paducah. D. JORDAN C. Employment Agreement with Carol Gault to be the Director of Planning of the City. D. JORDAN III. ORDINANCE(S) - ADOPTION A. City of Paducah Proposed Tax Rates - FY2025 - J. PERKINS B. Paducah Independent School District Tax Rates to be collected by City of Paducah - J. PERKINS IV. ORDINANCE(S) - INTRODUCTION A. Acceptance of Permanent Utility Easement from Owner of Property located at 723 Cruse Avenue - M. TOWNSEND B. Amend Zoning Map - Rezoning of 200 Fountain Avenue - J SOMMER V. DISCUSSION A. Commission Priorities Update - M. SMOLEN VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VII. EXECUTIVE SESSION August 27, 2024 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, August 27, 2024, 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 Assistant City Clerk, the following answered to their names: Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). INVOCATION CommissionerWilsonled the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PUBLIC HEARING - 2024-2025 Proposed Tax Rate Communications Manager Pam Spencer provided the following summary: A property tax levy public hearing was held to discuss setting the 2024-2025 tax rate at 26.4 cents per $100 assessed value, slightly higher than last year’s rate of 25.6 cents. “The City’s Compensating Rate, the rate that would keep the revenue at the same amount as last year, is 25.4 cents per $100 assessed value. Kentucky Revised Statutes (KRS) permits a city to adjust the rate upward no more than 4 percent of the compensating rate. Since the City’s proposed tax levy of 26.4 cents is higher than the compensating rate, a public hearing was required.” There was one public comment from the audience. Matt Baker spoke on several issues. NEW EMPLOYEE INTRODUCTIONS Chief Brian Laird introduced Deflection Specialist Allison Blackwell and Deflection Officer Matthew Wentworth. PROCLAMATIONS The Mayor presented a Proclamation to Troy Brock, Director of Public Personnel for the Paducah Public Schools, proclaiming September “Attendance Awareness Month.” The Mayor proclaimed September “City Government Month.” PRESENTATION: Communications Manager, Pam Spencer, provides the following summary: Paducah Power System Update “Paducah Power System Chief Executive Officer Dave Carroll and Chief Operating Officer Rick Windhorst provided an update on the public power provider’s activities. Paducah Power System (PPS) serves approximately 22,500 customers with a system of roughly 800 miles of distribution line. PPS owns 104 megawatts (MW) of power through Prairie State Generating Company in addition to a natural gas peaking plant on Schneidman Road capable of producing 108 MW of August 27, 2024 power. PPS also receives 15 MW of power from American Municipal Power hydropower plants and 2 ½ MW of hydropower from Southeastern Power Administration. By selling excess capacity and other rate-reducing efforts, PPS has been able to lower residential rates approximately 6 percent as compared to the 2014 rates. Carroll also discussed the power provider’s extremely high reliability, recent system upgrades, and ongoing projects including the Electric Vehicle Readiness Plan and the Fiber-to-the-Home Pilot Project.” MAYOR RECOGNITION Mayor Bray recognized Alpha Kappa Alpha for their service and contributions to the community. ADDITIONS AND DELETIONS: City Manager Daron Jordan added a Municipal Order to the agenda authorizing the acceptance of $3,500 in grant funding awarded by the Kentucky Fire Commission for the use of acquiring Personal Protective Equipment. The City did not have to apply for this grant funding. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the August 13, 2024, Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Letter to Oscar Cross Boys & Girls Club – Permanent Utilization of 2956 Park Avenue – Concession Agreement – MO #2933 Contract File: 1. Kentucky Highway Safety Grant - $41,000 – MO #2845 2. Household Hazardous Waste Management Grant Agreement – MO #2872 3. Contract – 2024 Kentucky 911 Services Board Grant - $99,653 – MO #2913 4. Contract with Axon Enterprise, Inc. – purchase of Tasers - $361,612.28 – MO #2930 5. Contract Modification with Axon Enterprise, Inc. – body-worn and in-car camera systems - $75,154 – MO #2931 6. Employment Agreement – Matthew Wentworth – Paducah Police Officer – MO #2939 7. Contract For Services FY2025 – City of Paducah and GPEDC – MO #2941 8. Contract For Services FY2025 – City of Paducah and Paducah Transit Authority – MO #2942 9. Contract For Services FY2025 – City of Paducah and Barkley Regional Airport Authority – MO #2943 10. Agreement to Purchase Nine (9) Police Pursuit Rated SUV’s – Linwood Motors –MO #2946 11. Agreement to Purchase Holiday Decorations from Holiday Outdoor Décor – MO #2948 August 27, 2024 12. Mellon Foundation Grant in the amount of $1.34 million – Uppertown Heritage Foundation –MO #2949 13. Contract For Services FY2025 – City of Paducah and Paducah Alliance of Neighbors –No Commission Action –signed by Daron Jordan, City Manager Financials: 1. Paducah Water Financials ending July 31, 2024 Bids and Proposals File: 1. Purchase of Nine Police Pursuit SUV’s Linwood Motors – MO #2946 I(C)Reappointment of Bob Wade to the Paducah Planning Commission. This term shall expire August 31, 2028. I(D )Reappointment of Anthony Walton and Appointment of Charles Gurley to the Paducah Human Rights Commission. These terms shall expire July 25, 2027. I(E)Personnel Actions I(F) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF SOLID WASTE DUMPSTERS, LIDS AND REPLACEMENT PARTS IN AN AMOUNT NOT TO EXCEED $150,000 FROM WASTEQUIP THROUGH THE HGAC PURCHASING GROUP FOR FY25 FOR UTILIZATION BY COMMERCIAL BUSINESSES WITHIN THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME. (MO #2950; BK 13) I(G) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY TH LOCATED AT 1128 NORTH 13STREET AND 1104 ELLIS STREET FROM CHRISTOPHER HELM, THOMAS ERIC AND ELIZABETH HELM TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE. (MO #2951; BK 13) I(H) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1314 OSCAR CROSS AVENUE, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, TRANSFERRING THE PROPERTY WITHOUT COMPENSATION TO PADUCAH ALLIANCE OF NEIGHBORS FOR ECONOMIC DEVELOPMENT PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2952; BK 13) I(I)A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 2 TO THE CONTRACT WITH HDR, INC., FOR PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION, IN AN AMOUNT OF $30,000 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME (MO #2953; BK 13) August 27, 2024 CommissionerGuess offered Motion, seconded by Commissioner Henderson,that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDER AUTHORIZE THE RECEIPT OF $3,500 FROM THE KENTUCKY FIRE COMMISSION FOR USE IN ACQUIRING PERSONAL PROTECTIVE EQUIPMENT (PPE) Commissioner Hendersonoffered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE RECEIPT OF $3,500 FROM THE KENTUCKY FIRE COMMISSION FOR THE USE OF ACQUIRING PERSONAL PROTECTIVE EQUIPMENT (PPE) AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME.” Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2954, BK 13) ORDINANCE ADOPTION MEDICAL CANNABIS ZONING TEXT AMENDMENT CommissionerSmithoffered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AMENDING SECTION 126 OF THE PLANNING AND/OR ZONING ORDINANCE RELATING TO MEDICAL CANNABIS.” This Ordinance is summarized as follows: This Ordinance regulates land use applicable to medical cannabis businesses in the City of Paducah, including zones in which licensed businesses may operate as dispensaries, cultivators, producers and safety compliance facilities. This ordinance places reasonable limitations on medical cannabis businesses in geographic location as well as in advertisement. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2024-08-8821, BK 37) ORDINANCE INTRODUCTIONS CITY OF PADUCAH PROPOSED TAX RATES – FY2025 Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an Ordinance entitled; “AN ORDINANCE FIXING THE LEVIES AND RATESOF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2024,THROUGH JUNE 30, 2025, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED.” August 27, 2024 PURPOSE RATE PER $100 GENERAL FUND OF THE CITY: Real Property$0.264 Personal Property (except inventory) $0.356 Motor Vehicles and Watercraft$0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate$0.014 Personal Property (except inventory) $0.013 Motor Vehicles and Watercraft $0.031 Total Tax Rate per $100 – real property $0.278 Total Tax Rate per $100 –personal property $0.369 Total Tax Rate per $100 – inventory$0.000 Total Tax Rate per $100 – motor vehicle & watercraft $0.421 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 TwoThousand Dollars ($2,000.00), the payment shall be due on November 1, 2024, and shall be payable without penalty and interest until November 30, 2024. (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, 2024, and shall be payable without penalty and interest until November 30, 2024. (b) The second half payment shall be due on February 1, 2025, and shall be payable without penalty and interest until February 28, 2025. PADUCAH INDEPENDENT SCHOOL DISTRICT TAX RATES TO BE COLLECTED BY CITY OF PADUCAH Commissioner Gault offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled; ““AN ORDINANCE AUTHORIZING THE CITY OF PADUCAH TO COLLECT TAXES FOR THE PADUCAH INDEPENDENT SCHOOL DISTRICT FOR THE PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025” This ordinance is summarized as follows: The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period of July 1, 2024 through June 30, 2025, an ad valorem tax of eighty-seven and 4/10 cents ($0.874) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, and an ad valorem tax of eighty-seven and 4/10 cents ($0.874) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. August 27, 2024 PURPOSE RATE PER $100.00 PADUCAH INDEPENDENT SCHOOL DISTRICT Real Estate $0.874 Personal Property (including inventory) $0.874 Taxes authorized to be collected shall be due and payable as set forth in the Ordinance for setting Tax Levies for the City of Paducah for FY2025 as adopted. DISCUSSION Communications Manager Pam Spencer offered the following summary: Street Paving Program “Interim City Engineer Greg Guebert updated the Board on the street rehabilitation program. The City approved a multi-year contract in November 2021 with Bacon Farmer Workman Engineering & Testing (BFW) to perform pavement inspections on City streets using the PAVER software program This five-year contract provides an inspection of 20 percent of the streets each year and the development of street rehabilitation plans. Using the inspection data and the PAVER software, each segment of roadway is assigned a Pavement Condition Index (PCI) between 0 and 100 with 100 representing the best possible condition of a street. The PAVER system pinpoints streets in need of repair and identifies problems that lead to a street’s demise. The goal is for Paducah to have the street rehabilitation rate outpace the deterioration rate. Guebert also explained the factors that are considered in deciding which streets to pave including traffic impact, utility work, economic development or construction projects, subdivision and neighborhood rehabilitation projects, and budget. In addition to the approximately $400,000 to $600,000 per year the City receives from the allocation of State gas tax funds, the City set aside approximately $2,000,000 for street rehabilitation this fiscal year. The amount the City has put toward street rehabilitation has been steadily increasing. For example, the amount allocated in fiscal year 2021 was $600,000. At the end of the presentation, Guebert showed the projected street rehabilitation plan for the next two years. To learn more and see the plan, visit https://paducahky.gov/streets.” COMMENTS City Manager Jordan reminded everyone of the Labor Day holiday on September 2, 2024, and that City officeswould be closed that day. EXECUTIVE SESSION Commissioner Hendersonoffered motion, seconded by Commissioner Guess, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) August 27, 2024 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Smith offered motion, seconded by Commissioner Henderson, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) ANNOUNCEMENT REGARDING AGREEMENT WITH WEYLAND VENTURES Prior to adjourning the meeting, Mayor George Bray announced that the City is dissolving its agreement with Weyland Ventures, a mutual decision by both parties. A copy of the Press Release will be filed in the Minutes File of this meeting. ADJOURN CommissionerSmithoffered Motion, seconded by CommissionerGuess,that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Guess,Henderson, Smith, Wilson, and Mayor Bray (5). TIME ADJOURNED: 7:00 p.m. ADOPTED: August 27, 2024 _________________________________ George Bray, Mayor ATTEST: ___________________________________ Claudia S. Meeks, Assistant City Clerk September 17, 2024 RECEIVE AND FILE DOCUMENTS: Deeds File: th 1. Deed of Conveyance – Blackowl Home Builders LLC – 817 South 5 Street – MO #2924 th 2. Deed of Conveyance – Boss Management Development LLC – 809 South 4 Street – MO #2925 3. Deed of Conveyance – Bradley Mosey - 621 and 623 McKinley Street – MO #2936 Contract File: 1. Proposal from BFW Engineering & Testing, Inc. – Riverfront Landing – Water service floodwall penetration – Signed by City Manager Daron Jordan 2. Contract with Trace3 – purchase of hardware and software – E911 servers – Not to exceed $130,000 – MO #2922 3. 911 Tower Lease Agreement – American Towers LLC – MO #2940 4. Contract Modification #2 – Professional Services Contract with HDR, Inc. – Paducah Riverfront Infrastructure Improvement Project – BUILD Grant - $30,000 – MO #2953 5. Franchise Agreement with Atmos Energy Corporation – ORD 2024-07-8819 Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Purchase of One (1) Crew Cab Dump Truck for use by the Public Works Department Street Division Category: Municipal Order Staff Work By: Jim Scutt, Debbie Collins Presentation By: Chris Yarber Background Information: On August 29, 2024, sealed written bids were opened for the purchase of One (1) Crew Cab Dump Truck to be used by the Public Works Department Street Division. Three bids were received, with Linwood Motors submitting the highest evaluated bid in accordance with the specifications, at a price of $96,149.00. With a delivery time of 180 days after contract execution. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Funds Available: Account Number: 71000210 540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute an agreement with Linwood Motors for the purchase of One (1) Crew Cab Dump Truck for use by the Public Works Department Street Division in accordance with the specifications in the amount of $96,149.00. Attachments: 1. MO - purchase one crew cab dump truck – Public Works Department, Street Division 2. 00020 - Invitation to Bid 3. Bid Tab -One Crew Cab Dump Truck 4. 00500 - Agreement_proposed 5. Spec Pick Up List 6. Linwood bid 7. Tim Short Dodge bid 8. Tim Short Ford bid MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE (1) CREW CAB DUMP TRUCK IN THE TOTAL AMOUNT OF $96,149, FOR USE BY THE PUBLIC WORKS DEPARTMENT, STREET DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1.The City of Paducah accepts the bid of Linwood Motorsin the amount of $96,149 for sale to the City of Paducah one crew cab dump truckfor use by the Public Works Department, Street Division, said bid being the lowest evaluated bid, of August 29, 2024. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of onecrew cab dump truck, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicle Fleet Maintenance Trust Fund, Account Number 71000210 540050. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ________________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 \\mo\\purchase one crew cab dump truck – Public Works Department, Street Division 00020 INVITATION TO BID PAGE 1 OF 1 INVITATION TO BID RECEIPT OF PROPOSALS: The City of Paducah, Public Works Department will receive sealed bids for the purchase of ONE (1) CREW CAB DUMP TRUCK for use by the PUBLIC WORKS DEPARTMENT STREET DIVISION on Thursday, August 29, 2024 at 1:00 P.M. CST. All Bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. OBTAINING CONTRACT DOCUMENTS Copies of specifications may be obtained at the office of the Public Works Fleet Department located at 1120 North 10th Street. BID EVALUATION - AWARD OF CONTRACT After reasonable consideration of all bids received, a Notice of Award will be given to the responsible bidder who submits the responsive bid of the lowest evaluated bid price in accordance with the specifications. PREFERENCE TO KENTUCKY BIDDERS In accordance with KRS 45A.365, prior to a contract being awarded, a resident bidder of the Commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, religion, color, sex, national origin, age or disability. DRUG FREE WORKPLACE The City of Paducah has adopted a Drug and Alcohol Free Workplace Policy in compliance with 803 KAR 25.280, in which drug and alcohol use and abuse in the workplace is prohibited. All contractors and subcontractors doing business for the City of Paducah shall adhere to this policy. OWNER'S RIGHTS RESERVED: The City Code of Ordinances and the Specifications. CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT One (1) Crew Cab Dump Truck - PW Department Street Division LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on August 29, 2024 OFFICIAL BIDDER OF RECORDLinwoodTim Short DodgeTim Short Ford Contact: Jake BrenningmeyerRon BlackburnRon Blackburn Mailing Address: 3345 Park Ave.99 Tim Short Dr.99 Tim Short Dr. Paducah, KY 42001Morehead, KY 40351Morehead, KY 40351 $96,149.00$92,318.00$91,105.00 One (1) Crew Cab Dump Truck Delivery Time180 Days110 Days120 Days Manufacturer:RamRamFord DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification YesYesYes 2. Manufacturer Specifications YesYesYes 3. Warranty Information YesYesYes 4. Compliance with Tech Specs form YesNoNo 5. Deviations with Information NoneYesYes YesYesYes Kentucky State Bidder Responsive & Responsible Bidder: YesYesYes Evaluation Score: 970.00946.00928.00 BID RECOMMENDED FOR ACCEPTANCE YesNoNo 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE (1) CREW CAB DUMP TRUCK THIS AGREEMENT, made this day of , 20___ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Linwood Motors hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide ONE (1) CREW CAB DUMP TRUCK to be used by the PUBLIC WORKS DEPARTMENT STREET DIVISION in full compliance with the Bid Proposal Dated AUGUST 29, 2024 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 180 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Ninety-Six Thousand, One Hundred Forty-Nine dollars ($96,149.00) as quoted in the aforementioned Bid Proposal and as approved by the Board of Commissioners on ___________ by Municipal Order #____________. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 _____________________________ Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Purchase of One (1) 3/4Ton Pickup Truck for use by the Parks Department Category: Municipal Order Staff Work By: JIm Scutt, Debbie Collins Presentation By: Chris Yarber Background Information: On August 29, 2024, sealed written bids were opened for the purchase of One (1) 3/4Ton Pickup Truck for use by the Parks Department. Three bids were received, with Linwood Motors submitting the highest evaluated bid in accordance with the specifications, at a price of $46,989.00. With a delivery time of 30 days after contract execution. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Funds Available: Account Number: 71000210 540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute an agreement with Linwood Motors for the purchase of One (1) 3/4Ton Pickup Truck for use by the Parks Department in accordance with the specification in the amount of $46,989.00. Attachments: 1. MO - purchase one ¾ ton pickup truck – Parks Department 2. 00020 - Invitation to Bid 3. Bid Tab 3-4 Ton Pickup 4. 00500 - Agreement _ proposed 5. Spec Pick Up List 6. Linwood Motors bid 7. Tim Short Dodge bid 8. Tim Short Ford bid MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE(1) ¾ TON PICKUP TRUCK IN THE TOTAL AMOUNT OF $46,989, FOR USE BY THE PARKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1.The City of Paducah accepts the bid of Linwood Motorsin the amount of $46,989 for sale to the City of Paducah one ¾ ton pickup truck for use by the Parks Department said bid being the lowest evaluated bid, of August 29, 2024. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of one ¾ ton pickup truck , authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicle Fleet Maintenance Trust Fund, Account Number 71000210 540050. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ________________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 \\mo\\purchase one ¾ ton pickup truck – Parks Department 00020 INVITATION TO BID PAGE 1 OF 1 INVITATION TO BID RECEIPT OF PROPOSALS: The City of Paducah, Public Works Department will receive sealed bids for the purchase of ONE (1) ¾ TON PICKUP TRUCK for use by the PARKS DEPARTMENT on Thursday, August 29, 2024 at 2:00 P.M. CST. All Bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. OBTAINING CONTRACT DOCUMENTS Copies of specifications may be obtained at the office of the Public Works Fleet Division located at 1120 North 10th Street. BID EVALUATION - AWARD OF CONTRACT After reasonable consideration of all bids received, a Notice of Award will be given to the responsible bidder who submits the responsive bid of the lowest evaluated bid price in accordance with the specifications. PREFERENCE TO KENTUCKY BIDDERS In accordance with KRS 45A.365, prior to a contract being awarded, a resident bidder of the Commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, religion, color, sex, national origin, age or disability. DRUG FREE WORKPLACE The City of Paducah has adopted a Drug and Alcohol Free Workplace Policy in compliance with 803 KAR 25.280, in which drug and alcohol use and abuse in the workplace is prohibited. All contractors and subcontractors doing business for the City of Paducah shall adhere to this policy. OWNER'S RIGHTS RESERVED: The City reserves the right to rej Code of Ordinances and the Specifications. CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT One (1) 3/4 Ton Pickup Truck - Parks LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on August 29, 2024 OFFICIAL BIDDER OF RECORDLinwoodTim Short DodgeTim Short Ford Contact: Jake BrenningmeyerRon BlackburnRon Blackburn Mailing Address: 3345 Park Ave.99 Tim Short Dr.99 Tim Short Dr. Paducah, KY 42001Morehead, KY 40351Morehead, KY 40351 $46,989.00$47,776.00$50,910.00 One (1) 3/4 Ton Pickup Truck Delivery Time30 days90 days120 days Manufacturer:RamRamFord DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification YesYesYes 2. Manufacturer Specifications YesYesYes 3. Warranty Information YesYesYes 4. Compliance with Tech Specs form YesNoNo 5. Deviations with Information NoneYesYes YesYesYes Kentucky State Bidder Responsive & Responsible Bidder: YesYesYes Evaluation Score: 1000.00965.00929.00 BID RECOMMENDED FOR ACCEPTANCE YesNoNo 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE (1) ¾ TON PICKUP TRUCK THIS AGREEMENT, made this day of , 20___ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Linwood Motors hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide ONE (1) ¾ TON PICKUP TRUCKS to be used by Parks Departments in full compliance with the Bid Proposal Dated August 29, 2024 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 30 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Forty-Six Thousand, Nine Hundred Eighty-Nine dollars ($46,989.00) as quoted in the aforementioned Bid Proposal and as approved by the Board of Commissioners on ___________ by Municipal Order#____________. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 _____________________________ Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Approve Funding Agreement with Paxton Park for a Greens mower in the Amount of $50,000 Category: Municipal Order Staff Work By: Michelle Smolen, Amie Clark Presentation By: Michelle Smolen Background Information: This funding agreement is with Paxton Park for a greens mower. The funding was approved with FY23 Administrative Contingency. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Paxton Park Maintenance Equipment Funds Available: Account Number: MR0096 Staff Recommendation: Approve the Funding Agreement and Auhtorize Payment of $50,000 for Greensmower Attachments: 1. MO - agree – Paxton Park Golf Greens Mower 2024 2. Paxton Park - 2024 Purchase of Greens Mower 3. Invoice for Reimbursement on Greensmower MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER APPROVING A REIMBURSEMENT AGREEMENT WITH PAXTON PARK GOLF BOARD D/B/A PAXTON PARK MUNICIPAL GOLF COURSEE FOR THE PURCHASE OF A GREENS MOWER IN THE AMOUNT OF $50,000 BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. the Mayor is hereby authorized to enter into a funding agreement with Paxon Park Municipal Golf Course to fund the purchase of a Greens Mower in the amount of $50,000; and the Finance Director is authorized to make payment to Paxton Park Municipal Golf Course in the amount of $50,000 for the purchase of said Greens Mower. SECTION 2. The funding for this expenditure was approved with FY23 Administrative Contingency and shall be charged to Paxton Park Maintenance Equipment, Account number M0096. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. _____________________________ George Bray, Mayor ATTEST: ____________________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 MO\\agree – Paxton Park Greens Mower - 2024 REIMBURSEMENT AGREEMENT This Reimbursement Agreement effective this ______ day of ___________, 2024, by and between the CITY OF PADUCAH City”) and the PAXTON PARK GOLF BOARD d/b/a PAXTON PARK MUNICIPAL GOLF COURSE Paxton Park”). WITNESSETH: WHEREAS, Funding for the purchase of a Greens Mower by Paxton Park Golf Course was approved with the FY2023 Administrative Contingency; and WHEREAS, Paxton Park has now purchased a Greens Mower and has provided an invoice for same. 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: The City now enters into this Agreement to reimburse Paxton Park the amount of Fifty Thousand Dollars $50,000, which was expended for the purchase of a Greens Mower. SECTION 2: 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. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH ____________________________________ GEORGE BRAY, MAYOR City Manager PAXTON PARK GOLF BOARD d/b/a PAXTON PARK MUNICIPAL GOLF COURSE _______________________________ Daniel Mullen Director of Golf & Operation Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Authorize the Acceptance of a National Park Service Paul Bruhn Grant in the amount of $750,000. --H.REASONS Category: Municipal Order Staff Work By: Hope Reasons, Carol Gault Presentation By: Hope Reasons Background Information: The Paul Bruhn Historic Revitalization Grant Program fosters economic development in rural communities through the rehabilitation of historic properties. The intent of the program is to provide funds to the recipient (referred to as the prime grantee) that is regranted to projects that have been selected through a locally administered competitive process. Prime grantees determine the focus and criteria for their subgiant program and develop their own application process and criteria for choosing which buildings will receive subgrants. All properties awarded subgrants through this program must be listed in the National Register of Historic places by the end of the grant period. Properties may be listed individually or identified as contributing to a listed historic district. The Planning Department requested $750,000 to award subgrants for the rehabilitation of historic properties in the Central Business District, Market House District, and Southside Community. Funds will also be used to provide environmental technical support to those organizations receiving subgrants. Matching funds are not required for this grant program. The application for this grant was approved with MO 2862 on 2/27/24. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Authorize the acceptance of the Paul Bruhn Grant and the Mayor to sign all documentation related to same. Attachments: 1. MO - accept -Paul Bruhn Historic Revitalization Grant MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE NATIONAL PARKS SERVICE PAUL BRUHN HISTORIC REVITALIZATION GRANT PROGRAM IN THE AMOUNT OF $750,000 FOR SUBGRANTS FOR THE REHABILITATION OF HISTORIC PROPERTIES IN THE CENTRAL BUSINESS DISTRICT, MARKET HOUSE DISTRICT AND SOUTHSIDE COMMUNITY. WHEREAS, on February 27, 2024, the Board of Commissioners approved Municipal Order No. 2862, which authorized the submission of application for a National Park Service Paul Bruhn Grant in the amount of $750,000, which has now been awarded to the City of Paducah; and WHEREAS, the City has been notified of a total award of $750,000, which requires no local match. WHEREAS, the City of Paducah now wishes to accept all awarded grant funds. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $750,000 through the National Park Service Paul Bruhn Historic Revitalization Grant Program, for subgrants for the rehabilitation of historic properties in the Central Business District, Market House District and Southside Community. 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. There is no local match required. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ George Bray, Mayor ATTEST: _______________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 \\mo\\grants\\accept – Paul Bruhn Historic Revitalization Grant Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Authorize reimbursement to the Industrial Development Authority not to exceed $958,404 for site preparation at the Triple Rail Site in West Paducah. D. JORDAN Category: Municipal Order Staff Work By: Daron Jordan, Claudia Meeks Presentation By: Daron Jordan Background Information: Authorize the Mayor to execute any and all documents necessary to appropriate funds, not to exceed $958,404.00, to the Paducah-McCracken County Industrial Development Authority (IDA) for site preparation including clearing, grubbing, earthwork, and engineering inspections at the Triple Rail Site in West Paducah. The City’s not to exceed amount represents 25% of the balance of the projected cost of the project, $4,698,616, after the IDA’s contribution of $865,000. The McCracken County Fiscal Court is allocating the other 75% of the balance. Payment will be made in the form of reimbursement of expended amounts after an invoice is submitted to the City. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Investment Fund Fund Balance Funds Available: Account Number: Staff Recommendation: Authorize the Mayor to execute any and all documents necessary to appropriate funds and authorize the Finance Director to make reimbursement for invoices submitted to the City. Attachments: 1. MO - IDA reimbursement – Triple Rail Site MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER APPROVING REIMBURSEMENT TO THE PADUCAH- MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY IN AN AMOUNT NOT TO EXCEED $958,404, AND AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS RELATED TO SAME. WHEREAS, the Paducah-McCracken County Industrial Development Authority (IDA) has requested that the City of Paducah and the McCracken County Fiscal Court assist in payment of expenses for site preparation including clearing, grubbing, earthwork, and engineering inspections at the Triple Rail Site in West Paducah. The City’s not to exceed amount represents 25% of the balance of the projected cost of the project, $4,698,616, after the IDA’s contribution of $865,000. The McCracken County Fiscal Court is allocating the other 75% of the balance. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. the Mayor is hereby authorized to execute any documents necessary to appropriate funds, not to exceed $958,404, to the Paducah-McCracken County Industrial Development Authority (IDA) for site preparation including clearing, grubbing, earthwork, and engineering inspections at the Triple Rail Site in West Paducah. SECTION 2. The Finance Director is hereby authorized to make payment to the Paducah-McCracken County Industrial Development Authority (IDA) not to exceed $958,404, to reimburse said IDA for any amounts expended for site preparation including clearing, grubbing, earthwork, and engineering inspections at the Triple Rail Site in West Paducah. Reimbursement shall be made upon submission of invoices from the IDA. SECTION 3. This expenditure shall be charged to the Investment Fund Fund Balance. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. _____________________________ George Bray, Mayor ATTEST: ____________________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 MO/IDA reimbursement – Triple Rail Site Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Employment Agreement with Carol Gault to be the Director of Planning of the City. D. JORDAN Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: Authorize the Mayor to sign an Employment Agreement with Carol Gault to move her from Interim Planning Director to full-time Planning Director for the City. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Approve the Employment Agreement with Carol Gault for full-time Planning Director. Attachments: 1. MO - agree-employment – Carol Gault – Planning Director 2. Signed Director of Planning - Employment Agreement Gault MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CAROL GAULT FOR EMPLOYMENT AS PLANNING DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized to execute an Employment Agreement with Carol Gault to be employed in the position of Planning Director. SECTION 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. _______________________________ George Bray, Mayor ATTEST: _______________________________ Claudia S. Meeks, Assistant City Clerk Adopted by the Board of Commissioners, September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 \\mo\\agree-employment – Carol Gault – Planning Director Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: City of Paducah Proposed Tax Rates - FY2025 - J. PERKINS Category: Ordinance Staff Work By: Jonathan Perkins, Stephanie Millay Presentation By: Jonathan Perkins, Stephanie Millay Background Information: Real estate and personal property tax levies for the City’s General Fund and Paducah Junior College (PJC) are proposed to be set as per the attached ordinance. The City’s General Fund real estate tax levy is proposed to be $.264 per $100 assessed value (AV). The proposed FY2025 rate is 60% of what the rate was in FY1995, when the City started a conscious effort to lower real estate tax rates. The proposed FY2025 rate is less than the rate in place in January of 2021 of $.267 per $100 AV. The City’s General Fund personal tax levy is proposed to be $.356 per $100 AV. The proposed FY2025 rate is nearly 30% less than the FY1995 rate. The proposed FY2025 rate is less than the rate in place in January of 2021 or $.39 per $100 AV. The City of Paducah eliminated inventory taxes many years ago in order to encourage inventory-rich business growth in Paducah. The City’s inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax would have netted revenue nearly $977,000 in FY2025, if it were in place today. Staff proposes the City’s tax levy be set at 26.4 cents per $100 AV. The FY2025 compensating rate is 25.4 cents per $100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward by not more than 4%, in this case to 26.4 cents. From FY2001 to FY2025, the City of Paducah has lowered its real estate tax levy by 3.6 cents, while others increased their tax levy during the same time period. The property tax levy ordinance will be introduced on August 27, 2024 with the second and final reading on September 17, 2024. Since the City’s proposed tax levy is more than the ‘compensating rate’ of 25.4 cents per $100 AV, a public hearing is required; a public hearing is scheduled for August 27, 2024. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Recommend that the Mayor and Commission adopt the proposed 2024-2025 (FY2025) real estate and personal ad valorem tax levies as proposed. Attachments: 1. ORD - Tax Rate FY2025. without School tax 2. How to Figure Your Tax Bill Graphic 3. Real Estate Tax Levy - history from 1995 PIO website version 4. Personal Tax Levy - history from 1995, PIO website version 5. Inventory Tax Levy - history from 1995, PIO website version ORDINANCE NO. 2024-09-______ AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby levied for the period from July 1, 2024, through June 30, 2025, upon all taxable real property within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of twenty six and 4/10 cents ($.264) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 2. There is hereby levied for the period from July 1, 2024, through June 30, 2025, upon all taxable personal property, except for inventory, within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of thirty-five and 6/10 cents ($0.356) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 3. There is hereby further levied an ad valorem tax of thirty nine and 0/10 cents ($0.390) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2024, through June 30, 2025, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 4.All taxes levied by Sections 1, 2 and 3 of this ordinance are necessary and required in order to provide revenue to meet the requirements of the budget ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all other revenue of the City not specifically allocated to other purposes shall be deposited into the General Fund of the City to be expended as provided in the budget ordinance for the period from July 1, 2024, through June 30, 2025. SECTION 5.There is hereby further levied an ad valorem tax of one and 4/10 cents ($0.014) on each one hundred dollars ($100.00) of assessed valuation of all real property subject to taxation for municipal purposes in said City for the period from July 1, 2024, through June 30, 2025, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 6. There is hereby further levied an ad valorem tax of one and 3/10 cents ($0.013) on each one hundred dollars ($100.00) of assessed valuation of all personal property subject to taxation, except for inventory, for municipal purposes in said City for the period from July 1, 2024, through June 30, 2025, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 7. There is hereby further levied an ad valorem tax of three and 1/10 cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2024, through June 30, 2025, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 8.The taxes levied under this ordinance are summarized as follows: PURPOSERATE PER $100 GENERAL FUND OF THE CITY Real Property$0.264 Personal Property (except inventory)$0.356 Motor Vehicles and watercraft$0.390 PADUCAH JUNIOR COLLEGE Real Estate$0.014 Personal Property (except inventory)$0.013 Motor Vehicles and watercraft$0.031 SECTION 9. 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 Two Thousand Dollars ($2,000.00), the payment shall be due on November 1, 2024, and shall be payable without penalty and interest until November 30, 2024. (2)In the case of all other tax bills, payment shall be in accordance with the following provisions: (a)The first half payment shall be due on November 1, 2024, and shall be payable without penalty and interest until November 30, 2024. (b)The second half payment shall be due on February 1, 2025, and shall be payable without penalty and interest until February 28, 2025. SECTION 10. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 11. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ George Bray, Mayor ATTEST: ___________________________________ Claudia S. Meeks, Assistant City Clerk Introduced by the Board of Commissioners August 27, 2024 Adopted by the Board of Commissioners September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 Published by The Paducah Sun, September __, 2024 Run Date: 8/20/2024 2:06 PM How To Figure Your Tax Bill Net Assessed Value$ 100,000 Divide by$ 100 Result1000 Times Rate *$ 0.874 $ Tax874.00 * - Example shown is the 2024/2025 Paducah Independent School District Rate. Graphic S:\\Jon Perkins\\Excel\\Property Tax Management\\How to Figure Your Tax Bill Graphic.xlsx Run Date: 8/22/2024 2:37 PMPage 1 of 1 City of Paducah, KY Real Estate Property Tax - Levy History from 1995 AEPFPADUCAHPADUCAHPADUCAH FISCALGENERALPENSION CITY JUNIORPUBLIC INDGRAND FUND (1)TRUST (2)TOTAL COLLEGE (3)LIBRARY (3)SCHOOLS (3)TOTALS YEAR 19950.4380.013 0.451 0.0320.0460.5621.091 19960.4360.013 0.449 0.0320.0450.6001.126 19970.327 0.327 0.0320.0430.5940.996 19980.327 0.327 0.0320.0430.5850.987 19990.318 0.318 0.0300.0410.5980.987 20000.300 0.300 0.0290.0400.5900.959 20010.300 0.300 0.0220.5970.919 20020.300 0.300 0.0220.6000.922 20030.300 0.300 0.0220.5980.920 20040.300 0.300 0.0210.6170.938 20050.300 0.300 0.0210.6180.939 20060.300 0.300 0.0200.6310.951 20070.275 0.275 0.0190.6280.922 20080.250 0.250 0.0180.6720.940 20090.250 0.250 0.0180.6720.940 20100.250 0.250 0.0180.6780.946 20110.250 0.250 0.0180.7110.979 20120.250 0.250 0.0180.7471.015 20130.250 0.250 0.0170.7471.014 20140.255 0.255 0.0170.7671.039 20150.255 0.255 0.0170.7711.043 20160.255 0.255 0.0170.8001.072 20170.255 0.255 0.0170.7991.071 20180.255 0.255 0.0160.7971.068 20190.261 0.261 0.0160.8401.117 20200.267 0.267 0.0160.8641.147 20210.267 0.267 0.0160.8641.147 20220.271 0.271 0.0160.8641.151 20230.265 0.265 0.0150.8461.126 20240.256 0.256 0.0140.8461.116 20250.264 0.264 0.0140.8741.152 NOTES: (1) General Fund Operation of the City. (2) Appointive Employee Pension Fund (AEPF); discontinued in FY1997. (3) Non-City tax levies. Data S:\\Jon Perkins\\Excel\\Property Tax Management\\Real Estate Tax Levy - history from 1995, PIO website version.xlsx Run Date: 8/20/2024 2:16 PMPage 1 of 1 City of Paducah, KY Personal Property Tax - Levy History From FY1995 * AEPFPADUCAHPADUCAHPADUCAH LGENERALPENSION CITY JUNIORPUBLIC INDGRAND FISCA YEARFUND (1)TRUST (2)TOTAL COLLEGE (3)LIBRARY (3)SCHOOLS (3)TOTALS 19950.4900.015 0.505 0.0340.0500.5951.184 19960.390 0.390 0.0340.0500.6001.074 19970.390 0.390 0.0340.0500.6041.078 19980.390 0.390 0.0340.0500.6071.081 19990.390 0.390 0.0340.0500.5981.072 20000.390 0.390 0.0340.0500.5901.064 20010.390 0.390 0.0220.5971.009 20020.390 0.390 0.0220.6031.015 20030.390 0.390 0.0220.6051.017 20040.390 0.390 0.0210.6171.028 20050.390 0.390 0.0210.6191.030 20060.390 0.390 0.0200.6311.041 20070.390 0.390 0.0190.6351.044 20080.390 0.390 0.0180.6951.103 20090.390 0.390 0.0180.6781.086 20100.390 0.390 0.0180.6781.086 20110.390 0.390 0.0180.7111.119 20120.390 0.390 0.0180.7471.155 20130.390 0.390 0.0170.7471.154 20140.390 0.390 0.0170.7671.174 20150.390 0.390 0.0170.7711.178 20160.390 0.390 0.0170.8001.207 20170.390 0.390 0.0170.7991.206 20180.390 0.390 0.0160.7971.203 20190.390 0.390 0.0160.8401.246 20200.390 0.390 0.0160.8641.270 20210.390 0.390 0.0160.8641.270 20220.390 0.390 0.0160.8641.270 20230.390 0.390 0.0150.8641.269 20240.373 0.373 0.0140.8641.251 20250.356 0.356 0.0130.8741.243 NOTES: (1) General Fund Operation of the City. (2) Appointive Employee Pension Fund (AEPF); discontinued levy in FY1996. (3) Non-City tax levies, Library became a County Library in FY2001. * - Primarily includes furniture, fixtures and equipment as reported by the PVA. Data S:\\Jon Perkins\\Excel\\Property Tax Management\\Personal Tax Levy - history from 1995, PIO website version.xlsx Run Date: 8/20/2024 2:18 PMPage 1 of 1 City of Paducah, KY Inventory Property Tax - Levy History From FY1995 * AEPFPADUCAHPADUCAHPADUCAH FISCALGENERALPENSION CITY JUNIORPUBLIC INDGRAND YEARFUND (1)TRUST (2)TOTAL COLLEGE (3)LIBRARY (3)SCHOOLS (3)TOTALS 19950.4900.015 0.505 0.0340.0500.5951.184 19960.390 0.390 0.0340.0500.6001.074 19970.390 0.390 0.0340.0500.6041.078 19980.390 0.390 0.0340.0500.6071.081 19990.280 0.280 0.0240.0500.5980.952 20000.210 0.210 0.0180.0500.5900.868 20010.140 0.140 0.0120.5970.749 20020.070 0.070 0.0060.6030.679 20030.6050.605 20040.6170.617 20050.6190.619 20060.6310.631 20070.6350.635 20080.6950.695 20090.6780.678 20100.6780.678 20110.7110.711 20120.7470.747 20130.7470.747 20140.7670.767 20150.7710.771 20160.8000.800 20170.7990.799 20180.7970.797 20190.8400.840 20200.8640.864 20210.8640.864 20220.8640.864 20230.8640.864 20240.8640.864 20250.8740.874 NOTES: 1) General Fund Operation of the City; discontinued levy in FY2003. 2) Appointive Employee Pension Fund (AEPF); discontinued levy in FY1996. 3) Non-City tax levies, Library became a County Library in FY2001. * Includes inventory, mfg. goods, and finished & in transit goods, as reported by the PVA. Inventory tax levy separated out in FY1999. INVTXLVY S:\\Jon Perkins\\Excel\\Property Tax Management\\Inventory Tax Levy - history from 1995, PIO website version.xlsx Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Paducah Independent School District Tax Rates to be collected by City of Paducah - J. PERKINS Category: Ordinance Staff Work By: Jonathan Perkins, Stephanie Millay Presentation By: Jonathan Perkins, Stephanie Millay Background Information: For many years, the City of Paducah Kentucky has collected real estate and personal property taxes for the Paducah Independent School District. KRS 160.460 authorizes designated cities, like Paducah, to collect taxes assessed by independent school districts. Pursuant to this authority, the Board of Commissioners has traditionally annually authorized the Director of Finance to collect taxes assessed by the Paducah Independent School District. The Paducah Independent School District Board of Education has indicated in the Paducah Sun newspaper public notice that they propose a real estate tax levy to be $.874 per $100 assessed value (AV) for Fiscal Year 2025 (2024-2025). The Paducah Independent School District Board of Education has indicated in the Paducah Sun newspaper public notice that they propose a personal tax levy to be $.874 per $100 AV for Fiscal Year 2025 (2024-2025). The property tax collection ordinance will be introduced on August 27, 2024 with the second and final reading on September 17, 2024. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Staff recommends that the Mayor and Commission adopt the proposed 2024-2025 (FY2025) collection of Paducah Independent School District real estate and personal ad valorem tax levies as proposed. Attachments: 1. ORD - Authorization of COLLECTION of AD VALOREM TAXES for BOE FY2025 ORDINANCE NO. 2024-09 -________ AN ORDINANCE AUTHORIZING THE CITY OF PADUCAH TO COLLECT TAXES FOR THE PADUCAH INDEPENDENT SCHOOL DISTRICT FOR THE PERIOD FROM JULY 1, 2024THROUGH JUNE 30, 2025. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. KRS 160.460 authorizes designated cities, such as the City of Paducah, to collect taxes assessed by independent school districts. Pursuant to this authority, the Board of Commissioners hereby authorizes the Director of Finance to collect taxes assessed by the Paducah Independent School District. SECTION 2. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period of July 1, 2024 through June 30, 2025, an ad valorem tax of eighty-sevenand 4/10 cents ($0.874) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 3. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period of July 1, 2024 through June 30, 2025, an ad valorem tax of eighty-seven and 4/10 cents ($0.874) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 4. The City of Paducah shall collect the following taxes for the Board of Education: K:\\City Clerk\\CITY CLERK\\ORD\\FINANCE\\Authorization Of COLLECTION Of AD VALOREM TAXES For BOE FY2025.Docx PADUCAH INDEPENDENT SCHOOL DISTRICT Real Estate $0.874 Personal Property (including inventory) $0.874 SECTION 5.Taxes authorized to be collected herein shall be due and payable as set forth in Ordinance No. 2024-09-________. SECTION 6. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 7. 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: ____________________________________ Claudia S. Meeks, Assistant City Clerk Introduced by the Board of Commissioners August 27, 2024 Adopted by the Board of Commissioners September 17, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, September 17, 2024 Published by The Paducah Sun, September __, 2024 K:\\City Clerk\\CITY CLERK\\ORD\\FINANCE\\Authorization Of COLLECTION Of AD VALOREM TAXES For BOE FY2025.Docx Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Acceptance of Permanent Utility Easement from Owner of Property located at 723 Cruse Avenue - M. TOWNSEND Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Melanie Townsend Background Information: A stormwater line was discovered after an alley between 695 and 723 Cruse Avenue was closed. The property owner, TC-3 LLC, offers a permanent utility easement to allow the city to access the stormwater line for future repairs, replacements, or removal. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: To adopt an Ordinance authorizing the acceptance of a Permanent Utility Deed on behalf of the City of Paducah from TC-3 LLC. Attachments: 1. ORD - Permanent Utility Easement - 723 Cruse Avenue 2. TC 3 LLC utility easement_DB 1506 PG 741 3. TC 3 LLC - stormwater easement plat ORDINANCE NO. 2024-______-_______ AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT AN EASEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND TC-3 LLC, OWNER OF PROPERTY LOCATED AT 723 CRUSE AVENUE WHEREAS, By Ordinance No. 2022-10-8750 dated October 11, 2022, the City of nd Paducah closed a20’ Wide, 192’ Long Alley West Of Cruse Avenue Between North 32Street And Marianne Drive; and WHEREAS, after this closure, a stormwater line was discovered between 695 and 723 Cruse Avenue; NOW, THEREFORE, The property owner, TC-3, LLC, offers a permanent utility easement to allow the City to use access to the stormwater line for future repairs, replacements or removal. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to accept a Permanent Utility Easement between TC-3 LLC and the City of Paducah, as attached hereto and made part hereof as Exhibit “A”, for and in consideration of One Dollar and no/100 ($1.00) for an area located on the west side of Cruse Avenue and south of Marianne Drive, and being more particularly described as follows: STORM WATER EASEMENT -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 ½" rebar and cap stamped "BFW KJW #3445" (found), being 25.0 ft. west from thecenterline of Cruse Avenue and approximately 646.5 ft. south of the centerline of Marianne Drive, said point also being the northeast corner of the TC-3 LLC property (recorded in Deed Book 1343, Page356); Thence with the west right-of-way of Cruse Avenue, 51°54'04"W a distance of 110.46 ft. to a point, said point being the TRUE POINT OF BEGINNGING for said storm watereasement; Thence leaving the above said right-of-way and along the new easement line, N87°06'49"W a distance of 140.96 ft. to a point; Thence, 55°11'03"W a distance of 34.99 ft. to a point; Thence, N84°48'57"W adistance of 40.06 ft. to a point; Thence, N1°54'04"E a distance of 33.36 ft. to a point; Thence, N87°06'49"W a distance of 9.31ft. to a point, said point being in the east right-of-way of a 16' alley; Thence along the east right-of-way of above said alley, 52°08'54"W a distance of 1.84 ft. to a point; Thence continuing along the east right-of-way of above said alley, 51°10'21"W a distance of 20.01ft. to a½" rebar and cap stamped "BFW KJW #3445" (found); Thence continuing along the east right-of-way of above said alley, 51°54'04"W a distance of 26.17 ft. to a point, Thenceleavingtheabovesaidalleyright-of-wayandalongtheneweasementline, S84°48'57"E a distance of 63.28 ft. to a point; Thence, N5°11'03"E a distance of 35.58 ft. to a point; Thence, S87°06'49"W a distance of 126.81ft. to a point, said point being in the west right- of-way of Cruse Avenue; Thence along the west right-of-way of Cruse Avenue, N1°54'04"E a distance of 15.00 ft. to the TRUE POINT OF BEGINNING. The above described Tract contains 3,684.4 square feet (0.085 acres). The above described Tract is over and across the TC-3, LLC property (recorded in Deed Book 1343, Page 356 and Deed Book 1463, Page 169 SECTION 2. 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: __________________________________ Claudia S. Meeks, Assistant City Clerk Introduced by the Board of Commissioners, September 17, 2024 Adopted by the Board of Commissioners, ____________________ Recorded by Claudia S. Meeks, Assistant City Clerk, _________________________ Published by The Paducah Sun, _____________________________ \\ord\\Permanent Utility Easement – 723 Cruse Avenue EXHIBIT “A” Agenda Action Form Paducah City Commission Meeting Date: September 17, 2024 Short Title: Amend Zoning Map - Rezoning of 200 Fountain Avenue - J SOMMER Category: Ordinance Staff Work By: Carol Gault, Josh Sommer Presentation By: Josh Sommer Background Information: After being considered twice by the Paducah Planning Commission, the Planning Commission is forwarding a favorable recommendation to rezone this parcel from R-1 Low Density Residential Zone to Neighborhood Services Zone. When the Planning Commission makes a recommendation, said recommendation would normally take effect 21 days thereafter. However, staff received a request from an adjacent property owner for the Board of Commissioners to finally decide the rezoning request pursuant to KRS 100.2111 (4) (a). Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List No. Communications Plan: Account Name: Funds Available: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD - 126-Amend zoning map 2. ZON2024-0002 Staff Report 200 Fountain Avenue BOC 3. Signed Resolution 4. Request to refer to BOC 5. Submission to BOC & Response to Appeal ICO ZON2024-0002_Myers 240628 ORDINANCE 2024-____-_________ AN ORDINANCE AMENDING ZONING MAP SEC. 126-31(b) WHEREAS, the City of Paducah’s Zoning Map is incorporated into City Code via Sec. 126-31(b); and WHEREAS, on June 3, 2024, the Paducah Planning Commission recommended approval of a proposed amendment to the Paducah Zoning Map so as to change the zoning for property located at 200 Fountain Avenue from R-1 (Low Density Residential Zone) to NSZ (Neighborhood Services Zone); and WHEREAS, on June 12, 2024, a request for a hearing before the Board of Commissioners, in accordance with KRS 100.2111 was sent to the Paducah Planning Department by a property owner at 220 Fountain Avenue; and WHEREAS, pursuant to KRS 100.2111(6) and KRS 100.211(2)(i) and (8), “unless a majority of the entire legislative body votes to override the planning commission’s recommendation” within ninety (90) days, “such recommendation shall be come final and effective”; and WHEREAS, the City Commissioners did not hold a special called meeting to vote on the rezoning of 200 Fountain Avenue and otherwise did not vote on the matter at a regularly scheduled Commission meeting with ninety (90) days from the June 12, 2024 written request; and WHEREAS, the Planning Commission’s recommendation to rezone 200 Fountain Avenue to NSZ took effect by operation of law at the expiration of ninety (90) days; and WHEREAS, the Paducah Zoning Map must be amended in accordance with the rezoning of 200 Fountain Avenue; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION A. The Paducah Zoning Map incorporated by Section 126-31(b) shall be amended to reflect that 200 Fountain Avenue is rezoned from R-1 (Low Density Residential Zone) to NSZ (Neighborhood Services Zone. SECTION B. 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 C. 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 its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION D. 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 E. 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: _______________________________ Claudia S. Meeks, Assistant City Clerk Introduced to the Board of Commissioners, September 17, 2024 Adopted by the Board of Commissioners, ____________ Recorded by Claudia S. Meeks, Assistant City Clerk, _____________ Published by The Paducah Sun, _______________ 4865-2465-1235 S TAFF R EPORT ZON P ADUCAH B OARD OF C OMMISSIONERS A PPLICATION I NFORMATION A DDRESS 200 Fountain Avenue C ASE N O. ZON2024-0002 O WNER Nathan Myers A GENT -- R EQUEST Proposed rezoning from R-1 Low Density Residential to Neighborhood Services Zone M EETING D ATE September 17, 2024 G ENERAL S ITE I NFORMATION C URRENT Z ONING R-1 Low Density Residential Zone Single-family home C URRENT L AND U SE C OMPREHENSIVE P LAN Neighborhood Conservation S URROUNDING AREA I NFORMATION S URROUNDING Z ONING S URROUNDING L AND U SE N ORTH NSZ Single-family S OUTH R-1 Commercial/ multi-family E AST R-1 Single-family W EST NSZ/ R-1 Single-family S ITE H ISTORY The house is 1,019 square feet. It was permitted in May of 1987. On May 6, 2024; a public hearing was held before the Paducah Planning Commission on the proposed rezoning of the above-referenced lot from R-1 Low Density Residential Zone to NSZ Neighborhood Services Zone. The purpose of which was to hear and decide the zoning map amendment and also a conditional use request for a short-term rental therewith, in accordance with KRS 100.202 (5). This KRS allows the Planning Commission to assume the powers of a Board of Adjustment to hear and decide petitions for conditional uses and variances in conjunction with a rezoning request. The Planning Commission considered three elements at the public hearing. The staff reportto the Paducah Planning Commissionwhich recommended approval of both the rezoning request and conditional use, written opposition from Mr. Bill Coscarelli and testimony given by Mr. Nathan Myers (Petitioner), Mr. Coscarelli, Mr. & Mrs. Buri, Mr. Dick and Ms. Thompson. The public hearing can be accessed here: https://www.youtube.com/watch?v=5L9yHXb436U The motion the Planning Commission voted on was: I move that this Commission adopt a resolution approving the Neighborhood Services Zone classification for property located at 200 Fountain Avenue. I further move that the approval be based on the following findings of fact: 1. The rezoning complies with the City of Paducah Comprehensive Plan. 2. The Comprehensive Plan speaks at length about the abolishment of nonconforming uses, stating specifically that nonconformity should be viewed as undesirable. 3. The rezoning of this lot would remove the nonconforming status of the lot in the R-1 Zone to a conforming status in the Neighborhood Services Zone. 4. The site is in the Jefferson Street-Fountain Avenue Historic District. 5. The site is on a prominent corner leading into the greater Fountain Avenue Neighborhood. Additional protections would be placed on the home and the neighborhood at large, by way of exterior approvals being reviewed by the Historic Architecture Review Commission. 6. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character as the R-1 Zone would suggest. 7. The Neighborhood Services Zone is located adjacent to this site, therefore spot zoning would be negated. I further move that this Commission approve the conditional use request of Nathan Myers for a short-term rental to be located in the Neighborhood Services Zone at 200 Fountain Avenue. I further move that the approval be based on the following findings of fact: 1. The site has convenient ingress and egress to Broadway which is a minor arterial. 2. The site has convenient ingress and egress to Martin Luther King Jr. Drive/ Park Avenue, both of which are major arterials. 3. The site is not within a residential subdivision. 4. The site is on the edge of the Neighborhood Services Zone. 5. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character. 6. The number of guests will be limited to no more than four at a time. 7. The site is centrally located within the City of Paducah, giving guests easy access to shopping, dining and entertainment in both the downtown area and at the Regional Trade Center. 8. The site is within the Jefferson Street-Fountain Avenue Historic District. 9. Other City of Paducah historic districts are nearby, affording guests a unique cultural experience. 10. The driveway contains sufficient parking for up to three vehicles tandem-style. The above motion failed to pass with a 4-2 vote with Chairman Wade and Vice-Chair Morrison voting “Aye” and Commissioners Carman, Griffin, Kaler and Rhodes voting “Nay”. After this motion failed, no motion was then made to forward a definitive recommendation of approval or denial to the Board of Commissioners pursuant to KRS 100.2111 (3). Included therewith, no Findings of Fact was adopted pursuant to Section 126-176 (e) (4) of the Paducah Zoning Ordinance. The rezoning petition was then placed on the Planning Commission agenda for June 3, 2024. The purpose of this agenda item was to make a definitive recommendation of approval or denial to the Board of Commissioners and make Findings of Fact to support the recommendation. No public hearing was conducted at this meeting, as the Planning Commission had to make a recommendation and corresponding Findings of Fact based on the existing record; which was the staff report, Mr. Coscarelli’s written opposition and the testimony of the speakers. In concise terms, the Planning Commission made a decision th based on information received at the public hearing on May 6 and therefore, the definitive recommendation and Findings of Fact were to be based on the same information presented during the May meeting. The following motion was then introduced to be voted upon: I move that this Commission make a recommendation to the Board of Commissioners that the requested zoning change to Neighborhood Services Zone classification for property located at 200 Fountain Avenue be denied. I further move that this Commission adopt the following Findings of Fact supporting the recommendation of denial: 1. The proposed map amendment does not agree with the Comprehensive Plan because it would lessen affordable housing in the City. The above motion failed to pass with a 3-2 vote with Commissioners Carman and Rhodes voting “Aye” and Chairman Wade, Vice-Chair Morrison and Commissioner Griffin voting “Nay”. Therefore, at this point, a recommendation still had not been made to the Board of Commissioners. th The next motion made was identical to the motion made at the May 6 meeting. The motion passed with a 3-2 vote with Chairman Wade, Vice-Chair Morrison and Commissioner Griffin voting “Aye” and Commissioners Carman and Rhodes voting “Nay”. Please see the Resolution recommending approval included in your packets. The Planning Commission meeting can be viewed here: https://www.youtube.com/watch?v=IO0vLcktKdk Mr. Coscarelli then submitted a written request for the Board of Commissioners to decide the map amendment on June 17. This request was made in accordance with KRS 100.2111 (4) (a). Therefore, the Board of Commissioners will now ultimately decide the proposed rezoning from R-1 Low Density Residential Zone to NSZ Neighborhood Services Zone. Location 1:5000 Zone 1:2000 Future Land Use Map 1:2000 Total area proposed to be rezoned In-house Plat Book 2-77 S TATUTORY R EQUIREMENTS KRS100.213 “Before any map amendment is granted, the planning commission or the legislative body or fiscal court must find that the map amendment is in agreement with the adopted comprehensive plan, or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the legislative body or fiscal court: (a)That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; and (b)That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.” C ONSIDERATIONS --R EZONING This location is adjacent next to the Neighborhood Services Zone. An expansion of this zone would therefore not be a spot zoning, but a continuation thereof. Additionally, the site is contained within the Jefferson Street-Fountain Avenue Historic District, established in July of 1982. The current lot is 89’ X 90’ or a total of 8,010 square feet. Therefore, this lot is non-conforming with respect to being in the R-1 Zone. The prescribed smallest lot size is 12,000 square feet in the R-1 Zone for a single-family structure. The prescribed smallest lot size is 8,000 square feet in the NSZ for a single- family structure. Nonconformities are addressed at length in the City of Paducah Comprehensive Plan as follows: “Nonconformity should be viewed as undesirable. The only exception is when the desire to have the use be discontinued because of it’s nuisance potential. First, nonconforming status is a burden on the landowner who may have difficulty getting loans to improve a nonconforming structure. Second, there are the costs and frustration of seeking relief. Third, it is a burden on staff and zoning boards todeal with requests for many variances that result when the conditions arecommon, as in a whole block. When areas are nonconforming, there is a tendency to grant variations even though they do not meet the statutory or legal standards for granting variations. There is no protection of the public health, safety and welfare or any other benefit in having significant nonconforming areas. In the developed area, the protection of neighborhoods means that zoning regulationsmust closely match what is on theground and few uses should be nonconforming. Except where land values are so high and the neighborhood so desirable that the marketplace is forcing redevelopment, the fact is that nonconforming uses will remain so for many years. Only the most noxious uses should be nonconforming. The test should be whether the use is such a nuisance or so negative to the community that it needs to be eliminated. Residential areas should not be zoned so they are nonconforming. It is clear that areas that are nonconforming are less likely to seek reinvestment than areas that are conforming. These older areas need every encouragement to reinvest in the homes and neighborhood. Areas that have a significant number of nonconforming lots include older portions of the City hat were established before the adoption of zoning in the City of Paducah.” Bringing this structure into the Neighborhood Services Zone would afford additional protections to this home. The exterior changes in this zone are approved and administered by the Historic Architectural Review Commission (HARC). Because this home is on a prominent corner and on a major thoroughfare into the Fountain Avenue Neighborhood, additional protections afforded to this home, and by extension it’s neighbors, would help to further the goals and objectives of establishing the historic district. When the Neighborhood Services Zone was enacted in April of 2007, this lot should have been included in the NSZ due to it’s nonconforming status. Therefore, under KRS 100.213 (a), the existing zoning classification is inappropriate and the proposed zoning classification is appropriate. The rezoning from R-1 Low Density Residential Zone to Neighborhood Services Zone would be in compliance with the Comprehensive Plan. Further the Comprehensive Plan states: “Continued investment in the cultural, historic, and educational assets is, likewise, important”. Page 1-18; “Objective B: Sustain and enhance existing community character.” Page 5-13 & Page 8-6 “Renewed respect for historic fabric and the community character inherent in early commercial and residential built environment, as evidenced by the ongoing revitalization of downtown Paducah and the Lowertown neighborhood, the levee wall mural program, and other improvements. From an economic development standpoint, reinforcing character works as a means to: o generate economic activity through tourism; o increase its attractiveness for place-based investment decisions, and; o comport with the theories first advanced by Richard Florida, a Carnegie Mellon professor, whose popular book, The Rise of the Creative Class, postulates that quality of life – as defined by young, creative entrepreneurs, rather than middle class families – represents a more efficient growth engine for a vibrant economy than traditional economic development measures. The logic holds that creative workers who launch innovative fast-growing companies seek communities providing cultural offerings, recreational amenities, architectural character, and other interesting people as evidenced by the rise of places like Austin and Seattle during the boom years of the 1990’s”. Page 1-19 The recommendation from the Paducah Planning Commission is for approval of the zone change from R- 1 Low Density Residential Zone to NSZ Neighborhood Services Zone. Pursuant to KRS 100.2111 (5), it shall take a majority of the entire Board of Commissioners to override the recommendation of the Planning Commission. E XCERPTS FROM THE P ADUCAH Z ONING O RDINANCE Sec. 126-102. Low Density Residential Zone, R-1. The purpose of this zone is to provide for residential development of an open nature. (1) Principal permitted uses. a. Single-family dwellings; b. Two-family dwellings; c. Park, playground or community center owned and operated by a governmental agency; d. Special event short-term rentals. (2) Single-family dwellings. a. Minimum ground floor area. No building shall be erected for residential purposes having a ground floor area of less than one thousand, two hundred (1,200) square feet, exclusive of porches, breezeways, terraces, garages and exterior and secondary stairways. b. Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard: Eight (8) feet. 3. Rear yard: Twenty-five (25) feet. 4. Lots abutting two (2) streets shall comply with the front yard setback provisions along the street upon which the building on the corner lot fronts. A fifteen (15)-foot reduction in the front yard provisions is allowed on the side yard facing the secondary street, provided such reduction does not result in a side yard of less than twenty-five (25) feet. c. Minimum area requirements. 1. Minimum lot area: Twelve thousand (12,000) square feet. 2. Minimum lot width: Seventy-five (75) feet. d. Maximum building height: Thirty-five (35) feet. e. Parking shall be per section 126-71. Additionally, there shall be no more than four (4) vehicles parked in any front yard. And: 1. All parking shall be minimally semi-improved to a dense grade aggregate surface. 2. All trailers, campers, motor homes and boats shall not be allowed in any front yard. Such trailers and vehicles which do not exceed dimensions of eight (8) feet by twenty-four (24) feet may be stored in the rear or side yard of any lot. Such trailers and vehicles which do exceed dimensions of eight (8) feet by twenty-four (24) feet may be stored in the rear or side yard of any lot; provided side yard requirements are maintained and the trailer or vehicles are not used as a dwelling. 3. Commercial vehicles, equipment and trucks with axle weights greater than one (1) ton, and/or heights greater than eight (8) feet, and/or lengths greater than thirty (30) feet shall not be parked in the R-1 Zone. Commercial passenger cars and light duty trucks otherwise complying from the requirements of this section are exempt from this requirement. (3) Two-family dwellings. a. Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard: Eight (8) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum area requirements. 1. Minimum lot area: Seven thousand (7,000) square feet per unit. 2. Minimum lot width: Seventy-five (75) feet (per structure). c. Maximum building height: Thirty-five (35) feet. d. Parking shall be per subsection (2) (e) of this section. (4) Conditionally permitted uses. a. Multi-family dwellings; b. Daycare nurseries; c. Home occupations; d. Places of worship. (5) Multi-family dwellings. a. Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard: Eight (8) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum area requirements. 1. Minimum lot area: Five thousand (5,000) square feet per unit; four (4) or more units, four thousand (4,000) square feet per unit. 2. Minimum lot width: Seventy-five (75) feet. c. Maximum building height. None. (6) Daycare nurseries. a. Minimum lot area: One hundred (100) square feet per child. b. Minimum yard requirements: The requirements of the zone apply to the project where located. c. A four (4) foot wire mesh fence, or other appropriate fence as may be required by the Board of Adjustment, shall enclose the entire play area. 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. a. Single-family dwellings. 1. Minimum lot area: Eight thousand (8,000) square feet 2. Minimum lot width: Fifty (50) feet. b. Two-family dwellings. 1. Minimum lot area: Four thousand (4,000) square feet per unit. 2. Minimum lot width: Fifty (50) feet (per structure). c. Park, playground or community center owned and operated by a governmental agency. d. Special event short-term rentals. 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. Daycares. e. Beauty shops and barbershops. f. Places of worship. g. Short-term rentals. h. 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. a. Front yard: Twenty-five (25) feet. b. Side yard: Six (6) feet. c. Rear yard: Twenty-five (25) feet. 4. Minimum area requirements for non-residential structures: a. Minimum lot area: Eight thousand (8,000) square feet. b. Minimum lot width: Fifty (50) feet. 5. Maximum building height. Thirty-six (36) feet, however, additional feet may be allowed with design approval from the HARC based on the scale of adjacent structures. 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. In order to maintain the existing character of the neighborhood; plans for architectural design, site layout or changes in style of architectural elements must be approved by the Historical and Architectural Review Commission (HARC). The HARC may require changes to the plan as deemed necessary or desirable to ensure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the NSZ. a. Certificate of Zoning Compliance required. 1. No person shall, without first applying for and obtaining a special conditional use permit, to be known as a Certificate of Zoning Compliance, make any changes in exterior appearance to any exterior portion of any structures in the NSZ. A Certificate of Zoning Compliance must be issued by the Planning Department before a building permit can be obtained. 2. Infill/new construction and additions to existing structures. All new construction and additions to existing structures must first be issued a Certificate of Zoning Compliance before any construction begins. 3. Existing structures. i. Changes to the design or style of any exterior feature on an existing structure requires a Certificate of Zoning Compliance. ii. Administrative approvals. In the following instances, Certificates of Zoning Compliance can be issued by the Zoning Administrator. A. In instances where the design or style of any exterior feature is replicated and replaced with a new material, the Zoning Administrator has the authority to administratively approve the application for a Certificate of Zoning Compliance. The proposed materials must comply with the approved building materials list found in the design guidelines. B. New accessory structures that use the same building materials and an appropriately sized and style of windows and doors that complement the existing primary structure can be administratively approved. Features considered include structure orientation, openings, roof pitch, siding and color scheme. C. Cutting or removal of trees that are more than one (1) foot in diameter measured at one (1) foot off of the ground require a Certificate of Zoning Compliance. Removal of trees can be approved administratively. D. Changing the color of a surface that has already been painted can be approved administratively. E. Fences that are determined to comply with the advisory design guidelines can be approved administratively. F. Any proposed demolition of a principal structure requires a Certificate of Zoning Compliance prior to obtaining a demolition permit. Demolitions outside of the Demolition Control Zone can be approved administratively. b. Applications for a Certificate of Zoning Compliance. 1. Applications for a Certificate of Zoning Compliance are submitted to the Planning Department. 2. A public hearing is required on all applications except for administrative approvals as outlined in this section. 3. Grounds for granting a Certificate of Zoning Compliance. The HARC must make written findings of fact as follows: i. The proposed exterior changes comply with the intent of the Neighborhood Services Zone. ii. The proposed exterior changes are in harmony with the adopted design guidelines. iii. The HARC shall adopt design guidelines for the NSZ to act as a guide for board decisions on plan approvals and changes to the exterior appearance of existing structures. The document shall be made available to the public to aid in the design approval process. iv. Maintenance and safety standards. A. All buildings within this zone shall be maintained to meet the requirements of the building code and property maintenance codes of the City. B. Nothing in this section shall be construed to prevent the City Building Officials from enforcing all State statutes and provisions of this code and any other ordinances of the City pertaining to the public safety. v. Appeals. Any person aggrieved by any action of the Zoning Administrator may appeal their decision to the HARC pursuant to KRS 100.257. Any person aggrieved by any action of the HARC may appeal the decision to the Circuit Court in the manner prescribed for appeals from actions of boards of adjustment. P RINCIPALLY P ERMITTED U SES Please note that the Principal Permitted Uses contained in Section 126-102 (1) of the R-1 Low Density Residential Zone and Section 126-120 (1) of the Neighborhood Services Zone are exactly the same. The primary difference between the land uses of the zones is that the NSZ also has conditional uses, including short-term rentals, that can be approved by the Historic Architecture Review Commission (HARC). The HARC is a Board of Adjustment that hears and decides conditional uses and variances in the City’s historic zones. The HARC also oversees major exterior changes to structures and property. This is the primary way that the City of Paducah maintains and enhances three of our historic districts. The HARC has no purview over the any portion of the R-1 Zone. C ONDITIONAL U SE R EQUEST FOR THE S HORT-TERM R ENTAL Depending on the outcome of the decision of the Board of Commissioners, the future of the short-term rd rental approved by the Planning Commission at the June 3meeting, will be determined. If the Board of Commissioners agrees with the recommendation of the Planning Commission to rezone the property from R-1 to NSZ, the zoning change will be effectuated via ordinance. Once the Ordinance is published after two readings, the short-term rental can begin operations. If the Board of Commissioners disagrees with the recommendation of the Planning Commission and does not approve the rezoning of the property, then only a special event short-term rental may be conducted. A special event short-term rental is a unit that can be rented out twice a year for no longer than seven days. Looking north into the site Looking east into the site R ECOMMENDED M OTION Based on the above, the Paducah Planning Commission has recommended approval of the rezoning request from R-1 Low Density Residential Zone to NSZ Neighborhood Services Zone to the Board of Commissioners. *** Uif!qspqptfe!sf{pojoh!pg!311!Gpvoubjo!Bwfovf!gspn!S.2!up!OT\[!tipvme!opu!cf! bqqspwfe/!!S.2!jt!dpssfdu!bt!311!Gpvoubjo!ibt!cffo!b!qbsu!pg!b!ejtdsffu!ofjhicpsippe! tjodf!uif!2:11t!boe!tp!sfdphoj{fe!voefs!dvssfou!{pojoh/!!! ! ! Æ 311!Gpvoubjo!Bwfovf!xbt!podf!uif!beesftt!gps!Wjdf.Qsftjefou! 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Gjobmmz-!bt!xbt!nfoujpofe!evsjoh!dpnnfout!jo!qsfwjpvt!tfttjpot-! xf!epoÉu!cfmjfwf!Qbevdbi!dpeft!qsfwfou!b!trvbuufsÉt!!bttvnqujpo!pg! b!qspqfsuz/!!Pqfojoh!uif!jttvf!pg!b!trvbuufs!ÆsjhiutÇ!bttvnqujpo<! cfgpsf!tpmwjoh!uif!qspcmfn-!xpvme!mjlfmz!cf!b!njtublf!hjwfo! QbevdbiÉt!bmsfbez!opujdfbcmf!ipnfmftt!qpqvmbujpo/! ! Uif!jttvf!pg!ufnqpsbsz!wjtjupst!boe!uif!ofhbujwf!dpotfrvfodft!jt! cfdpnjoh!bo!jttvf!jo!b!ovncfs!pg!djujft/!!Mfyjohupo!nptu!sfdfoumz/!!! ! ! ! ! Nathan Myers 212 Fountain Avenue Paducah, KY 42001 270-556-9617 natemyers16@gmail.com 06/28/2024 Paducah Board of Commissioners City of Paducah 300 S.5th St. Paducah, KY 42003 SUBJ: Consideration of Zoning Map Amendment and Conditional Use Permit (CUP) for Short Term Rental (STR) at 200 Fountain Avenue Dear Board of Commissioners, I’m writing this letter as a companion to the submission of reference materials, background information, and salient points of response to the Request for Board of Commissioners to Decide Zoning Map Amendment submitted by Mr. William “Bill” Coscarelli on June 17, 2024, in concern of the Paducah Planning Commission’s approval of a motion on June 3, 2024 to recommend to the Board of Commissioners that the zoning change request and conditional use permit be approved for the property located at 200 Fountain Avenue, Paducah, KY 42001 (ZON2024-0002). I have attached additional materialsfor the Board’s consideration, including a history of my experience with the property and the neighborhood (Attachment 1), a narrative response to the inaccuracies regarding administrative and technical information presented in the appeal (Attachment 2),anannotated version of the appeal with direct notation of the referenced inaccuracies (Attachment 3), and the City’s staff report concerning the request and recommending approval (Attachment 4). While addressed in further detail in the attached materials, I would like to briefly summarize here why I am requesting the Board of Commissioners uphold the recommendation of the Planning Commission and the City: 1. My ownership of the property is very personal and important to me; I purchased the house to address a family hardship, and while that circumstance no longer exists, I am still personally and emotionally attached to the house from that experience and desire the utmost preservation and protection of the house and the area. The proposed use is consistent with my desire to have regular access to the property to conduct maintenance and upkeep, and to ensure the property is well maintained now and in the future. 2. This type of request has been approved in the past, and is for conditional use, not a “by right”, which allows for the negation of the proposed use if conditions to mitigate any Page 1 of 2 actual or perceived concerns are not met. In other words, the approval of this request does not constitute a permanent or irrevocable change to the use of the property. 3.As toany imagined or unforeseen negative consequences from the use of the property as sought, I am the most concerned individual and would be most impacted, as the property adjoins my residence at 212 Fountain Avenue. Therefore, use of the property as requested is safeguarded from neglect, irresponsible use, and the consequences of absentee ownership. As a resident myself, I desire nothing more than the preservation of the neighborhood’s charm, character, and peaceful, enjoyable atmosphere. If use of the property as a short-term rental began to have a negative impact on the neighborhood, I would be the very first person to take action to cease such use. a. It is important to emphasize here that granting this request does not allow for the use of the property as requested permanently or indefinitely. The process of applying for a conditional use permit and for a business license ensures that proper review and vetting of future owners would occur before the proposed use could continue under different ownership. In the hypothetical situation where the property is sold and a subsequent owner may not be as invested in the community and neighborhood as myself, these safeguards would be in place to prevent any sort of intolerable negligence or misuse. b. The above concern addressed, I would further emphasize (consistent with what you’ll find in the attached materials) that I have no plans at this time or in the future to sell the property; it is an important and cherished house from which my family and I attach great sentimental and emotional value. 4. Finally, I believe it is beneficial to all parties to understand that the essence of the appeal seems to be opposition to the proposed use of the property as a short-term rental. The accompanying write-up by the appellant attempts to frame opposition to the proposed use in terms of ordinance, statute, and history, but these arguments are largely inaccurate or incomplete. As noted by the City in its report and included in the findings of fact adopted by the Planning Commission as a part of its recommendation to approve, the request is correct in terms of statute, ordinance, and procedure. Thank you for your time in considering this letter and the attached materials; it is never easy to balance the desires and concerns of constituents against each other. However, like the City and the Planning Commission, I feel that this request represents a reasonable allowance that will provide positive opportunities for tourism, growth, and development of the City consistent with the comprehensive plan and without impacting the famed charm and character of the area; I hope you will come to the same conclusion. If you have any questions, please feel free to reach out to me at my contact information provided above. Thank you, Nathan Myers Page 2 of 2 Attachment 1 Experience with the Fountain Avenue Neighborhood and 200 Fountain Avenue from 2022 until Present, with a Brief History of Moving to Paducah Nathan Myers 06/28/2024 With pardons, I have decided to write this in a narrative format so that it reads chronologically and allows for a story to be told; namely, the story of how I came to be proud Paducah resident and now desire to continue living and thriving in this unique city. I will do my best to keep this brief, but I offer apologies now if I use excess detail in this account. I grew up down the road in Ballard County in Gage (near Kevil), although the distinction is rarely made. After I graduated from Ballard Memorial High School, I attended the United States Naval Academy and became a Submarine Officer after a few years of study and training. During this period of service, my mother was diagnosed with glioblastoma, a very aggressive form of brain cancer. I knew then that I would be resigning my commission when my period of required service was met, and moving back to Western Kentucky to spend as much time as possible with her and my family. When that time came, in May of 2021, I made the move back here. For about 6 months, I lived at home with my family and my mom. Thankfully, she had responded well to treatment up until that point, and we were able to take several family trips and do things that we’d been putting off. With things stable in her treatment and after feeling that I might need to explore new career opportunities (although I certainly enjoyed my half year vacation), I decided to rent an apartment in Paducah and start my job search. I was fortunate in that I was able to begin working at Beltline Electric here in Paducah. This opportunity offered a new industry for me to learn about, but more importantly, it allowed me to remain here locally to both work and spend time with family. At this point, things were still going well with my mother’s treatment, and I was enjoying living nearby in Paducah and growing in my new role. I had decided around this time in early 2022 that I should begin searching for a house in Paducah since I planned to live here long-term; at that time, the market was extremely competitive, and it took several months of searching and rejected offers to find the house I live in now: 212 Fountain Avenue. While an old historic house with an incredible amount of work to do to restore it, I decided I was up to the challenge and made the purchase in August of 2022. Page 1 of 5 Attachment 1 212 Fountain Avenue I accepted this challenge happily, and was also grateful that my family, including my mother, were incredibly supportive and excited about the potential of restoring this house as well. After moving in, my mom and my grandmother were active almost everyday at the house working inside or out to begin the process of restoration. It was only a few months later, however, that my mom’s periodic checkup and scans revealed a recurrence of her tumor, which were presaged by seizures that had never occurred before. In December of 2022, she went back in for surgery at MD Andersen in Houston and began another protocol of radiation and chemotherapy. It was following this surgery that her aphasia intensified and she had trouble communicating; this combined with the possibility of seizures meant that she could no longer work. In this situation, I was doing my best to support her and my family, and while 212 Fountain Avenue (my current house) provided some opportunities for her and my grandmother to clean and improve things in the yard, the majority of work occurring prevented painting, decorating, and other interior work. In fact, at that time I was engaged in investing significant money and energy into rebuilding the front porch roof, reroofing the main roof, and making structural repairs in the attic and roof system. Unfortunately, this meant that there was not much at my house for her to do, which had allowed her much diversion and an opportunity for utility after she could not work. Page 2 of 5 Attachment 1 It was around this timethat my current neighbor, Dwight Smith, was considering putting the house at 200 Fountain Avenue on the market. His mother, Miss Lena, was moving into assisted care as Dwight was moving out. I recognized an opportunity for further investment in the city and a possible utility in the house as a place for visiting family and friends to stay, but more importantly as a project that my mother and grandmother could work on in the interim. Therefore, I discussed the matter with Dwight and effected the sale in May of 2023. After taking ownership of the property, my mom and grandmother immediately began a serious overhaul and cleaning/redecorating of the interior; I couldn’t keep them out if I had tried. They poured themselves into it, and directed me (sometimes quite forcefully) as to what I needed to have done. They were essentially my bosses, and my mom was the chief, directing me to have the walls repainted, the trim and baseboards refinished, the shades and blinds replaced, and the light fixtures and hardware updated. While it may have seemed intense to someone else to have their mother directing what they should do and bossing them around on a house they had just bought, to me it was a great relief and I happily bore the burden and expense because she was both in theory and reality directing her energies and efforts towards productive purposes. The culmination of the work she had me do was to renovate the bathroom and improve the standards therein; the biggest project by far, but well worth it and her satisfaction once it was done was the only reward I needed. Page 3 of 5 Attachment 1 It’s also worth mentioning that both my mother and grandmother were absolutely committed to cleaning up the yard and leaves and improving the landscaping, and not a day in the summer went by that I was not told I needed to mow or weed eat regardless of how recently I had done so. Unfortunately, in the fall of 2023, my mothers cancer came back. It was at this point that further surgery or invasive treatment was not an option, and the best we could do was some limited chemotherapy and quality of life measures. My mom was soon not able to do much in the way of working on or cleaning or directing my efforts on either my house or at 200 Fountain Avenue, but she fought hard to do so until it was no longer feasible. She became wheelchair bound in November of 2023, and at that point the best I could do was to make changes and improvements and take pictures so I could her when I visited. Things continued on and ran their course. In January of this year my mom passed away. It has certainly been one of the hardest experiences of my life, and I’m not even close to beginning to have felt the full measure of this loss. I can’t speak too much about it at this moment, because I’m not ready to. All I can say is that I bought 200 Fountain Avenue with the goal of having it available for family and friends, but my most pressing and important goal at the time was to provide another avenue, no matter how costly or unreasonable, for my mom to feel joy day to day and feel productive. I think I succeeded in that goal, and I wouldn’t change a thing. Furthermore, after all of that, I have no desire to part with the property. I’m not going to sell it, and I don’t feel like having long-term renters inside of it either; it would break my heart to get the house back after 6 or 12 months and find out that irreparable damage had been done to the character of the house or the things my mom had worked on. Instead, I’m going to keep the property for my own personal use; I probably will live in it temporarily at some points as I make major improvements to my house at 212 Fountain Avenue, which could do with a fair amount of rewiring and a panel replacement, among some other structural improvements which will make living in it uncomfortable while they’re taking place. Additionally, I’m going to keep it furnished for visiting family and friends to use. Most of them don’t like staying in hotels and the other accommodation options here are limited. With that paradigm in mind, I think it’s reasonable to place the property into some productive use throughout the times in the year when myself or family and friends are not visiting. While I’ll keep the house regardless, it would be preferable if when not in use by me and mine that it is used as a short-term rental. This additional revenue would help offset the cost of maintaining the property and should in theory expedite and improve my work and investment in 212 Fountain Avenue (which I’m also committed deeply to since my family and my mom also did much there). I appreciate anyone who stuck around this long to read all of the above; I did apologize ahead of time. However, before I close out, I did mention I’d discuss the neighborhood as well. Some has been said about the character and nature of the neighborhood, wanting to keep community spirit alive, etc. I can appreciate that, and I hope the same. Most everyone has been friendly to me, and I’ve had very few disagreements or issues with any of my neighbors. The Fountain Avenue neighborhood does indeed seem to be a shining example of some of the best residential Paducah Page 4 of 5 Attachment 1 has to offer. I guess I wanted to mention that because I really enjoy living there myself, and don’t want to see the neighborhood changed for the worse. I would not be requesting this proposed use for 200 Fountain Avenue if I thought it was going to degrade what we have there; I’m just trying to add to it, as I think allowing new people to come and stay there and see what we’re about here in Paducah would be a good thing for the neighborhood and the city. And at the end of the day, if using 200 Fountain Avenue caused problems or was seriously making an issue in the neighborhood, I live right next door and would be the first one to cease operating it as a STR. I want to keep the neighborhood safe, friendly, and quiet, and while I don’t think or project that people wanting to visit Paducah inherently would disturb that, I’ll be on standby to pull the plug if so. Page 5 of 5 Attachment 2 Narrative Addressal of Appeal Nathan Myers 6/28/2024 For convenience, this narrative summary addresses the submitted appeal in concern of ZON2024- 0002’s recommendation of approval from the Planning Commission to the Board of Commission. The marked up, annotated version of the appeal (Attachment 3) is provided for direct reference, if desired. This addressal contains personal commentary and observations, whereas Attachment 3 deals purely in addressing technical and factual errors, and does not delve into matters of opinion or perspective. The Appeal Request (“Request for Board of Commissioners to Decide Zoning Map Amendment”) Consistent with Kentucky Revised Statutes and Section 126-176 of the City of Paducah’s Code of Ordinances, appeal of the Planning Commission’s recommendation for approval of the requested zone change and request for conditional use permit was made within (21) days of the positive recommendation. However, it is of note that the appeal, provided via “Request for Board of Commissioners to Decide Zoning Map Amendment”, was not submitted in a complete or appropriate manner. While I do not object to the appeal being accepted and processed (the assumption must be made that the appeal was filed in good faith and to the best of the appellant’s ability), it is important to note where the form is inaccurate. I have only included the salient and important discrepancies here, while full annotation is provided in Attachment 3 and also addresses other minor or less important errors. The following must be noted here, however: 1.The “Zone Change Requested” block failed to characterize the entirety of the zone change: just “NSZ” was noted. The zone change recommended by the City and the Planning Commission is from R-1 to NSZ with a conditional use permit for short term rental. I note this here because the conditional use permit for short term rental is integral to the request and was included in the recommendation for approval. 2.The “Date of PPC public hearing” block inaccurately describes a negative vote from the Planning Commission at the original meeting to discuss the request. The vote on the May 6, 2024 meeting did not “deny” the request, rather, the vote that carried was to deny the motion to recommend approval of the request at that time. In effect, it was a vote to consider the request at the next meeting. Related, the block below (“PPC Recommendation”) inaccurately marks both the “Approve” and “Deny” boxes. The only box that should have been checked was “Approve”, reflecting the Planning Commission’s recommendation to the Board of Commissioners that the request be approved. Page 1 of 5 Attachment 2 3. It is unclear from the appeal from who the appellant(s) are. The appeal form is structured consistent with other forms and documentation involved in city government; requests, appeals, and other filings are made by a single entity or person, while interested parties are listed elsewhere or noted outside of the form. It can be inferred from the address listed on the appeal form and the email address/method of transmission that the appellant is Mr. William Coscarelli. The other names and signatures are irrelevant in the scope of filing an appeal, and the (3) additional names and signatures listed seem to have been included in an attempt to lend credibility or force to the appeal. Such an inclusion is inappropriate on an appeal filing and is somewhat odd considering the exclusion of other addresses, phone numbers, or email addresses (other listed individuals also absent from transmission of the appeal via email). Regulatory and Community Objections to Rezoning 200 Fountain Avenue This section contains the majority of inaccuracies, errors, and misleading statements. I do not mean to characterize these failings in a vindictive manner; I believe they were made in good faith. However, I believe it’s important for the Board of Commissioners to understand where and how this section of the appeal paints an incorrect picture of the request. First, the characterization of this section as “community” objections to the request is incorrect and prejudicial. It is impossible for this appeal to be seen as “the community’s” objections to the request; no data, polling, or canvassing documentation is included to support the idea that more members of the community other than the appellant and the three (3) other listed names; for that matter, I’m a member of the community, and I support the request. Even if the appeal included some type of informal polling or gathered statements, these would additionally be considered prejudicial due to their being collected in what would be likely a solicitous and biased manner. The democratic traditions in our society and processes defined by federal, state, and local (in this case, City of Paducah codes and ordinances) spurn such prejudicial methods of “voting” or opinion gathering, as it is open to manipulation and misrepresentation. Although not provided with the original appeal, it is my recommendation that the Board reject or disregard any submission of such material as may be provided by the appellant before the meeting to address this matter, and further I recommend the Board only consider any additional opinions, objections, or statements that are either (a) provided directly to the City or the Board and signed by the individual, or (b) provided during the public hearing. These are the only reliable indicators of community sentiment. Second, the “regulatory” objections to the request are numerous, and I will attempt to treat them as they appear in the appeal: 1. The Paducah Comprehensive Plan is quoted, specifically, “Residential areas should not be zoned so they are non-conforming”. The inclusion of this section of the comprehensive plan supports the request, as noted by the City and the Planning Commission, as approving the request would clear a non-conforming zone designation; 200 Fountain Avenue is Page 2 of 5 Attachment 2 currently non-conforming to the R-1 zoning standards, and rezoning to NSZ would bring the property’s zone designation into conformity. 2. It is stated that “Converting 200 Fountain to a Short-Term Rental (not to be confused with a B&B designation) is at odds with the R-1 designation.”. This statement is illogical, as the request is to rezone 200 Fountain Avenue to NSZ, which allows short term rental with conditional use permit (which is basis of the request). 3. KRS 100.21 is referenced, but I believe the appellant meant to reference KRS 100.213, where the text presented is sourced. In any case, the responses provided to the text of the statute are unnecessary and misleading: the Planning Commission found that the map amendment was in agreement with the adopted comprehensive plan as defined in section (1), and therefore the requirements of the statute are met to approve a map amendment. Subpoints (a) and (b) are unnecessary to address once the criteria of section (1) is met. a. The addressal of subpoint (a) in the appeal misinterprets what a conforming or nonconforming use is. An understandable mistake, but irrelevant to the request. b. The addressal of subpoint (b) seems to misunderstand the nature of the request; the appeal shows commercial buildings across the street from the property and opines about the loss of residential character. However, as acknowledged and even pointed to in the appeal, this lot and building is zoned R-1, the current zoning of 200 Fountain Avenue; it would logically follow, then, that maintaining the property in the R-1 designation is not advantageous to preserving its residential character. The appeal seems to conflate the issue of zoning and the conditional use permit for short term rental, and seems to be (confusingly) attempting to request that the property remain in an R-1 designation while pointing to the issue of loss of character in another R-1 zoned property. 4. The appeal states that rezoning 200 Fountain Avenue is in direct conflict with the city’s strategic goal of “Investment in the improvement of our housing stock to help grow our community”. In this section follows highly problematic and prejudicial commentary: a. The statement is made: “Mr. Myers purchased the house in 2023. It is a two- bedroom, one bath home with a two-car garage. He purchased it for $110,000. Think instead, if the house were available for purchase for a new Allied Health graduate from SIU or Murray who was moving here to work at a hospital; no doubt, we would easily have added another family to the area—not a series of temporary visitors in a Short-Term Rental.” This statement is predicated on false equivalency: that somehow, the request for rezoning and conditional use permit is directly related to the conditions of purchase and theoretical sale of the house; the request is entirely unrelated the conditions of purchase or sale of the house, or indeed the occupation or education of the theoretical owners. In truth, this statement in the appeal seems Page 3 of 5 Attachment 2 to be suggesting that the appellant(s) would somehow desire to force a sale of the house, rather than deal with the subject of the request and its merits. It furthermore deals with hypotheticals which have been stated repeatedly to be irrelevant: I am not selling the house, and any inheritors of the house (close family with the same attachment to the property) will not be selling the house. Therefore, the inclusion of this statement seems vindictive and possibly predicated on desires or motives other than addressing the proposed use and request. 5. The appeal goes on to reference that the neighborhood area is recognized on the National Register of Historic Places and provides a history/mapping of the neighborhood. However, the appeal does not directly provide any context or objection to the request in this section. In my view, the positive commentary concerning the neighborhood supports the request, in that it would provide a managed, controlled opportunity for visitors and tourists to enjoy the “showcase” neighborhood of Paducah and attract future tourism and residents. 6. The final section entitled “Loss of Community Relationships” makes several confusing an unsubstantiated statements: a. The first is the statement: “Transient visitors benefit from the kindness of the community – but move on – Red Coats do not!” This statement seems to suggest that visitors or tourists are not welcome in Paducah. In a generous reading, I believe the appellant was trying to state that all housing units in the city should be reserved for residents and no tourists/visitors should be allowed to rent them while visiting. This does not reflect reality or current city policy and code that does in fact allow short term rentals by right or by conditional use (as this request desires). b. The second is the statement: “Marriott has a very good Short Term Rental program with their Residence Inns. We benefit most by letting them serve our visitors and concentrating on building our city population and services.” This statement is confusing; I believe the appellant is referencing the hotel in the mall area, which is certainly not a “short term rental” and is not germane to the discussion of lodging availability in downtown. Marriot does indeed offer a “Homes & Villas” program, which is similar to short term rental, but the closest availability for this program is in Lovelaceville, and decidedly outside of Paducah. c. The third statement reads: “Finally, as was mentioned during comments in previous sessions, we don’t believe Paducah codes prevent a squatter’s assumption of a property. Opening the issue of a squatter “rights” assumption; before solving the problem, would likely be a mistake given Paducah’s already noticeable homeless population.” This statement is entirely confusing and irrelevant to this request. Squatter’s rights and adverse possession are entirely outside of the context of a request for a map amendment and conditional use permit. Again, adopting a generous reading, I believe the appellant is trying to falsely equate short term Page 4 of 5 Attachment 2 rentals with homelessness or adverse possession by the logic that a property being used for short term rental is vacant for short periods in which a person could theoretically break and enter into the property. Breaking and entering and trespassing are both criminal conduct that have straightforward legal recourse and are entirely irrelevant to the request before the Board of Commissioners. It is of note, however, that during my ownership of the property for over a year not once has there been even an attempt to force entry or occupy the property illegally despite being vacant all of that period (excluding maintenance, cleaning, etc.; vacancy used here to communicate no residents). d. The last statement is: “The issue of temporary visitors and the negative consequences is becoming an issue in a number of cities” and is accompanied by a graphic from the Lexington Herald Ledger’s website’s online publication showing a quote from an article “I want neighbors, not strangers. Some Lexington residents worry Airbnbs are taking over.” i. The statement and graphic do not offer any substantiation of the “negative consequences” or provide any examples, so I’m unsure why they were included in the appeal, other than to vaguely suggest that there are negative consequences or worries without evidence. ii. For my part, I have traveled quite a bit during my time in the Navy, and have lived in cities including Charleston, SC, Annapolis, MD, and Mystic, CT, which are all cities famed for their population growth, comfortable and walkable neighborhoods, and tourism. In other words, they are all great cities to visit and live in. Each one of them allows short-term rentals downtown, as they recognize the benefits that come with allowing tourists to enjoy and experience the city as if they were a resident, if only for a few days. Those tourists often become repeat visitors and decide to relocate to the city because they had such a great experience visiting and staying in a downtown residence. To address the concerns implied by the statement and graphic, I agree that the number of units operating and areas should be controlled through city process and approval (hence my request), but I believe (consistent with the City’s report and the Planning Commission’s recommendation) that this request represents a reasonable way to provide at least one licensed short term rental in the showcase neighborhood of the city. 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QfstpobmOpufgspnuifQfujujpofs;JibwfusbwfmfervjufbcjuevsjohnzujnfjouifObwz-boeibwfmjwfejodjujfttvdibtDibsmftupo- TD-Boobqpmjt-NE-boeNztujd-DU-xijdibsfbmmdjujftgbnfegpsuifjsqpqvmbujpohspxui-dpngpsubcmfboexbmlbcmfofjhicpsippet- boeupvsjtn/Jopuifsxpset-uifzbsfbmmhsfbudjujftupwjtjuboemjwfjo/Uibucfjohtbje-fbdiboefwfszpofpguifnbmmpxtipsuufsn sfoubmtjouifjsepxoupxo-btuifzsfdphoj{fuifcfofgjutuibudpnfxjuibmmpxjohupvsjtutupfokpzboefyqfsjfodfuifdjuzbtjguifz xfsfbsftjefou-jgpomzgpsbgfxebzt/Uiptfupvsjtutcfdpnfsfqfbuwjtjupstboervjufpgufoefdjefupsfmpdbufupuifdjuzcfdbvtfuifz ibetvdibhsfbufyqfsjfodfwjtjujohboetubzjohjobepxoupxosftjefodf/Pgdpvstf-uifovncfspgvojutpqfsbujohboebsfbttipvme cfdpouspmmfe-cvuuijtsfrvftusfqsftfoutbsfbtpobcmfxbzupqspwjefbumfbtupofmjdfotfetipsuufsnsfoubmjouiftipxdbtf ofjhicpsippepguifdjuz/ Attachment 4 S TAFF R EPORT ZON P ADUCAH P LANNING C OMMISSION A PPLICATION I NFORMATION A DDRESS 200 Fountain Avenue C ASE N O. ZON2024-0002 O WNER Nathan Myers A GENT -- Proposed rezoning from R-1 Low Density Residential to Neighborhood Services Zone R EQUEST and short-term rental pursuant to KRS 100.202 (5) H EARING D ATE May 6, 2024 G ENERAL S ITE I NFORMATION R-1 Low Density Residential Zone C URRENT Z ONING C URRENT L AND U SE Single-family home C OMPREHENSIVE P LAN Neighborhood Conservation S URROUNDING AREA I NFORMATION S URROUNDING Z ONING S URROUNDING L AND U SE N ORTH NSZSingle-family S OUTH R-1 Commercial/ multi-family E AST R-1 Single-family W EST NSZ/ R-1 Single-family S ITE H ISTORY The house is 1,019 square feet. It was permitted in May of 1987. Attachment 4 Attachment 4 In-house plat book 2-77 Attachment 4 Total area proposed to be rezoned The submittal for consideration has two parts. The Petitioner requests that the property located at 200 Fountain Avenue be rezoned from R-1 Low Density Residential Zone to Neighborhood Services Zone. The Petitioner further requests that the Planning Commission, acting under statutory authority contained in KRS 100.202 (5) and Section 126-176 (g) of the Paducah Zoning Ordinance, grant a conditional use for a short-term rental at this location. S TATUTORY R EQUIREMENTS KRS 100.213 “Before any map amendment is granted, the planning commission or the legislative body or fiscal court must find that the map amendment is in agreement with the adopted comprehensive plan, or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the legislative body or fiscal court: (a) That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; and (b) That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.” C ONSIDERATIONS --R EZONING Attachment 4 This location is adjacent next to the Neighborhood Services Zone. An expansion of this zone would therefore not be a spot zoning, but a continuation thereof. Additionally, the site is contained within the Jefferson Street-Fountain Avenue Historic District, established in July of 1982. The current lot is 89’ X 90’ or a total of 8,010 square feet. Therefore, this lot is non-conforming with respect to being in the R-1 Zone. The prescribed smallest lot size is 12,000 square feet in the R-1 Zone for a single-family structure. The prescribed smallest lot size is 8,000 square feet in the NSZ for a single- family structure. Nonconformities are addressed at length in the City of Paducah Comprehensive Plan as follows: “Nonconformity should be viewed as undesirable. The only exception is when the desire to have the use be discontinued because of it’s nuisance potential. First, nonconforming status is a burden on the landowner who may have difficulty getting loans to improve a nonconforming structure. Second, there are the costs and frustration of seeking relief. Third, it is a burden on staff and zoning boards todeal with requests for many variances that result when the conditions are common, as in a whole block. When areas are nonconforming, there is a tendency to grant variations even though they do not meet the statutory or legal standards for granting variations. There is no protection of the public health, safety and welfare or any other benefit in having significant nonconforming areas. In the developed area, the protection of neighborhoods means that zoning regulations must closely match what is on the ground and few uses should be nonconforming. Except where land values are so high and the neighborhood so desirable that the marketplace is forcing redevelopment, the fact is that nonconforming uses will remain so for many years. Only the most noxious uses should be nonconforming. The test should be whether the use is such a nuisance or so negative to the community that it needs to be eliminated. Residential areas should not be zoned so they are nonconforming. It is clear that areas that are nonconforming are less likely to seek reinvestment than areas that are conforming. These older areas need every encouragement to reinvest in the homes and neighborhood. Areas that have a significant number of nonconforming lots include older portions of the City hat were established before the adoption of zoning in the City of Paducah.” Bringing this structure into the Neighborhood Services Zone would afford additional protections to this home. The exterior changes in this zone are approved and administered by the Historic Architectural Review Commission (HARC). Because this home is on a prominent corner and on a major thoroughfare into the Fountain Avenue Neighborhood, additional protections afforded to this home, and by extension it’s neighbors, would help to further the goals and objectives of establishing the historic district. E XCERPT FROM THE P ADUCAH Z ONING O RDINANCE 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. a. Single-family dwellings. Attachment 4 1. Minimum lot area: Eight thousand (8,000) square feet 2. Minimum lot width: Fifty (50) feet. b. Two-family dwellings. 1. Minimum lot area: Four thousand (4,000) square feet per unit. 2. Minimum lot width: Fifty (50) feet (per structure). c. Park, playground or community center owned and operated by a governmental agency. d. Special event short-term rentals. 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. Daycares. e. Beauty shops and barbershops. f. Places of worship. g. Short-term rentals. h. 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. a. Front yard: Twenty-five (25) feet. b. Side yard: Six (6) feet. c. Rear yard: Twenty-five (25) feet. 4. Minimum area requirements for non-residential structures: a. Minimum lot area: Eight thousand (8,000) square feet. b. Minimum lot width: Fifty (50) feet. Attachment 4 5. Maximum building height. Thirty-six (36) feet, however, additional feet may be allowed with design approval from the HARC based on the scale of adjacent structures. 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. In order to maintain the existing character of the neighborhood; plans for architectural design, site layout or changes in style of architectural elements must be approved by the Historical and Architectural Review Commission (HARC). The HARC may require changes to the plan as deemed necessary or desirable to ensure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the NSZ. a. Certificate of Zoning Compliance required. 1. No person shall, without first applying for and obtaining a special conditional use permit, to be known as a Certificate of Zoning Compliance, make any changes in exterior appearance to any exterior portion of any structures in the NSZ. A Certificate of Zoning Compliance must be issued by the Planning Department before a building permit can be obtained. 2. Infill/new construction and additions to existing structures. All new construction and additions to existing structures must first be issued a Certificate of Zoning Compliance before any construction begins. 3. Existing structures. i. Changes to the design or style of any exterior feature on an existing structure requires a Certificate of Zoning Compliance. ii. Administrative approvals. In the following instances, Certificates of Zoning Compliance can be issued by the Zoning Administrator. A. In instances where the design or style of any exterior feature is replicated and replaced with a new material, the Zoning Administrator has the authority to administratively approve the application for a Certificate of Zoning Compliance. The proposed materials must comply with the approved building materials list found in the design guidelines. B. New accessory structures that use the same building materials and an appropriately sized and style of windows and doors that complement the existing primary structure can be administratively approved. Features considered include structure orientation, openings, roof pitch, siding and color scheme. C. Cutting or removal of trees that are more than one (1) foot in diameter measured at one (1) foot off of the ground require a Certificate of Zoning Compliance. Removal of trees can be approved administratively. Attachment 4 D. Changing the color of a surface that has already been painted can be approved administratively. E. Fences that are determined to comply with the advisory design guidelines can be approved administratively. F. Any proposed demolition of a principal structure requires a Certificate of Zoning Compliance prior to obtaining a demolition permit. Demolitions outside of the Demolition Control Zone can be approved administratively. b. Applications for a Certificate of Zoning Compliance. 1. Applications for a Certificate of Zoning Compliance are submitted to the Planning Department. 2. A public hearing is required on all applications except for administrative approvals as outlined in this section. 3. Grounds for granting a Certificate of Zoning Compliance. The HARC must make written findings of fact as follows: i. The proposed exterior changes comply with the intent of the Neighborhood Services Zone. ii. The proposed exterior changes are in harmony with the adopted design guidelines. iii. The HARC shall adopt design guidelines for the NSZ to act as a guide for board decisions on plan approvals and changes to the exterior appearance of existing structures. The document shall be made available to the public to aid in the design approval process. iv. Maintenance and safety standards. A. All buildings within this zone shall be maintained to meet the requirements of the building code and property maintenance codes of the City. B. Nothing in this section shall be construed to prevent the City Building Officials from enforcing all State statutes and provisions of this code and any other ordinances of the City pertaining to the public safety. v. Appeals. Any person aggrieved by any action of the Zoning Administrator may appeal their decision to the HARC pursuant to KRS 100.257. Any person aggrieved by any action of the HARC may appeal the decision to the Circuit Court in the manner prescribed for appeals from actions of boards of adjustment. C ONSIDERATIONS --C ONDITIONAL U SE R EQUEST Acting under the statutory authority contained in KRS 100.202 (5) and codified in Section 126-176 (g) of the Paducah Zoning Ordinance, the Petitioner has requested the home be utilized as a short-term rental. Section 126-68 of the Paducah Zoning Ordinance indicates the criteria required to approve conditional uses. The Planning Commission must find that: 1. The proposed conditional use is to be located in a zone wherein such use may be permitted; and 2. The conditional use… Attachment 4 Is consistent with the spirit, purpose and intent of this chapter, Will not substantially and permanently injure the appropriate use of neighboring property, and Will serve the public convenience and welfare The Petitioner requests to operate a short-term rental at 200 Fountain Avenue. Short-term rentals are conditionally permitted in the Neighborhood Services Zone, pursuant to Section 126-120 (2) (g) of the Paducah Zoning Ordinance. The entire house is proposed to be a STR with additional access to the fenced backyard. The home contains two bedrooms. The number of guests is proposed to be no more than four at a time. The site has a driveway off Fountain Avenue in which guests would park. The driveway is approximately 65’ long, which can accommodate two or three vehicles tandem-style. There is also on-street parking on Fountain Avenue available if needed. A garage exists at the end of the driveway that will be retained for the Petitioner’s private use. The Petitioner has no specific guest demographic in mind, but would like for visitors to stay multiple days or for the weekends. One-night stays could be a secondary option. The STR is intended for guests that would like to visit Paducah and all our amenities. This location is not within a residential subdivision. This site is on the edge of the NSZ and within the Jefferson Street-Fountain Avenue Historic District. The home also fronts on Jefferson Street, a high- volume collector street in this location. An apartment complex and a commercial business are located on the south side of Jefferson Street across from this location. The proposed STR is centrally located in the City of Paducah. This site has easy vehicular access. The site is one block from Broadway, which is a minor arterial. The site is three blocks from Martin Luther King Jr. Drive/ Park Avenue, also major arterials. Further, the site is centrally located to shopping, dining and entertainment in both downtown Paducah and in the Regional Trade Center. All of Paducah’s other historic districts are nearby. The Fire Prevention Division has not offered any specific concerns regarding this request. Staff is recommending approval of the conditional use permit based on the following findings of fact: 1. The site has convenient ingress and egress to Broadway which is a minor arterial. 2. The site has convenient ingress and egress to Martin Luther King Jr. Drive/ Park Avenue, both of which are major arterials. 3. The site is not within a residential subdivision. 4. The site is on the edge of the Neighborhood Services Zone. 5. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character. 6. The number of guests will be limited to no more than four at a time. 7. The site is centrally located within the City of Paducah, giving guests easy access to shopping, dining and entertainment in both the downtown area and at the Regional Trade Center. 8. The site is within the Jefferson Street-Fountain Avenue Historic District. Attachment 4 9.Other City of Paducah historic districts are nearby, affording guests a unique cultural experience. 10.The driveway contains sufficient parking for up to three vehicles tandem-style. Looking north into the site Looking east into the site R ECOMMENDED M OTION Based on the above, staff recommends approval of the rezoning and conditional use request and recommends the following motion: I move that this Commission adopt a resolution approving the Neighborhood ServicesZone classification for property located at 200 Fountain Avenue. I further move that the approval be based on the following findings of fact: 1. The rezoning is in compliance with the City of Paducah Comprehensive Plan. 2. The Comprehensive Plan speaks at length about the abolishment of nonconforming uses, stating specifically that nonconformity should be viewed as undesirable. 3. The rezoning of this lot would remove the nonconforming status of the lot in the R-1 Zone to a conforming status in the Neighborhood Services Zone. 4. The site is in the Jefferson Street-Fountain Avenue Historic District. 5. The site is on a prominent corner leading into the greater Fountain Avenue Neighborhood. Additional protections would be placed on the home and the neighborhood at large, by way of exterior approvals being reviewed by the Historic Architecture Review Commission. 6. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character as the R-1 Zone would suggest. 7. The Neighborhood Services Zone is located adjacent to this site, therefore spot zoning would be negated. I further move that this Commission approve the conditional use request of Nathan Myers for a short-term rental to be located in the Neighborhood Services Zone at 200 Fountain Avenue. Attachment 4 I further move that the approval be based on the following findings of fact: 1. The site has convenient ingress and egress to Broadway which is a minor arterial. 2. The site has convenient ingress and egress to Martin Luther King Jr. Drive/ Park Avenue, both of which are major arterials. 3. The site is not within a residential subdivision. 4. The site is on the edge of the Neighborhood Services Zone. 5. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character. 6. The number of guests will be limited to no more than four at a time. 7. The site is centrally located within the City of Paducah, giving guests easy access to shopping, dining and entertainment in both the downtown area and at the Regional Trade Center. 8. The site is within the Jefferson Street-Fountain Avenue Historic District. 9. Other City of Paducah historic districts are nearby, affording guests a unique cultural experience. 10. The driveway contains sufficient parking for up to three vehicles tandem-style. N EXT S TEPS: Should the Commission be inclined to approve the Conditional Use permit: The Petitioner will need to obtain a City of Paducah business license from the Finance Department. The Petitioner will need to file a McCracken County Transient Room Tax Form with the McCracken County Finance Department. A Certificate of Land Use Restriction (CLUR) will be recorded at the McCracken County Clerk’s Office. Building permits may be required from the Fire Prevention Division. ***