HomeMy WebLinkAboutCCMPacket2013-07-02ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONSIDELETIONS
CITY COMMISSION MEETING
AGENDA FOR July 2, 2 01 3
5:30 P.M.
I.
ORDINANCES — ADOPTIONS
A. US 60 Zone Change (Concord Methodist Church, Concord Elementary
School and Olivet Baptist Church)
B. Amend City's Building Code Ordinance to be Compliant with the
State's Adoption of the National Electric Code FIRE CHIEF
KYLE
C. Payment for Emergency Remediation Due to Partial
Roof Collapse for 318 — 324 Broadway — DEPUTY CHIEF/FIRE
MARSHAL CHERRY
II.
ORDINANCES — INTRODUCTION
A. 2013120 t 4 LSF DUl Enforcement Award — S. ERVIN
B. 2013-2014 KY Pride Fund Grant for Recycling— S. ERVIN
C. Sale of Sheehan Bridge Road Property to Jackson —CITY \IGR
D. Sale of Sheehan Bridge Road Property to Teas — CITY \IGR
III.
CITY 1IANAGER REPORT
IV.
CO�I�IISSIONER COIIIIENTS
V.
PUBLIC COMMENTS
i
VI.
EXECUTIVE SESSION
Agenda Action Form
Paducah City Commission
Meeting Date: June 25, 2013
Short Title: US 60 Zone Change
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin
Presentation By: Stephen Ervin
Background Information:
Subject:
Proposed Zone Change
Status:
Public Hearin
Applicant:
City of Paducah
Address:
5178. 5184 & 5186 Hinkleville Road
Zone:
R-1 Low Residential & MU Mixed Use Zone
Engineer/ un'eyor:
-Density
Case Number
120617-4
5178.5186 Knkleville Road
Key Components:
The applicant. the Cite of Paducah. is
requesting a Zone Change for 5178.
5184 & 5186 Hinkleville Road from R-1
(Low Density Residential Zone) & ML
(Mixed Use Zone) to HBD (Highway
Business District). These are the
Concord United Methodist Church. the
Concord :Elementary School and Olivet
Baptist Church. respectively.
The City of Paducah, actino under the
authority of KRS 100.211 and «ith the
full support and backing of the property
owners listed herein, is submitting the
application for the zone change. This
zone change request was initiated
because of several improvements the
Concord United Methodist Church has
submitted within the last several years.
Each time a building addition or parking
lot expansion was performed, the Conditional Use process was initiated.
Staff and Concord United Methodist Church began preliminary discussions of a zone change.
which expanded to include the school and Olivet Baptist Church as well. This «as to make sure
all three properties zoned R-1 could be changed at one time and future zone change submittals
could be avoided.
Staff would like to submit the following reasons for the zone change:
• Both churches may undergo site changes with only site plan review in the HBD Zone.
This would eliminate the need for the Conditional Use process with the churches, enjoyed
by churches in non-residential zones. Currently, both Concord United Methodist and
Olivet Baptist must submit the proposed site plan to the Planning Commission and then
to the Board of Adjustment. The Board of Adjustment only meets the last Monday of the
month. This process can be lengthy for applicants.
• The surrounding zoning is currently Highway Business District and Mixed -Use Zones.
HBD is located on the north and east sides of these properties and MU is located on the
south and west.
• These properties are located in the Regional Trade Center. Several major commercial
uses surround, or are nearby. these properties. including Hobby Lobby: Lowe's Home
Improvement VVarehouse; Dial -Mart: Bed; Bath & Beyond; kohl's; Michaels and various
smaller office and restaurant uses.
• The future land use map shoves the properties as commercial.
Site Data:
Area: approximately 29 +- acres
Public Utilities: Adequate Nyater and sewer service available.
Public Services: Sanitation. Police and fire service available.
Physical Characteristics: Concord United Methodist Church, ONNet Baptist Church and Concord
Elementary School exist.
Development Plan:
The properties are already part of the built environment and contribute to the urban character
along Hinkleville Road,
Land Use Patterns:
Several commercial properties are located adjacent to the properties or nearby. These include
Hobby Lobby, Wal-Mart, Kohl's. Lowe's. Michaels, Kirkland's and Aldi Grocer} Store.
Several other commercial uses. including various restaurants. gasoline stations. banks and offices
are located in the \ icinity. A new restaurant building and Wellsprings Dermatology are both set
to begin construction nearby in West Park Village.
Adjacent Properties:
North: Chick-fil-A; Kohl's; the shopping center with Michael's and Bed, Bath & Beyond as
anchors; Aspen Dental: Hays Shoes and the Superway gas station are all located to the north
across Highway 60. They are a[] zoned Highway Business District.
East: Backwoods BBQ and Lowe's Home Improvement Warehouse. They are both zoned
HBD.
South: A church, daycare, offices and two vacant parcels. These properties are zoned Mixed
Use Zone.
West: Three Vacant parcels. The parcel fronting on High%Nay 60 is where the neti restaurant
building will soon be under construction. These parcels are zoned Mixed Use Zone.
Zoning:
HBD on the North and East. Mixed Use on the South and West. The three parcels are proposed
to be changed to HBD as follo�Ns:
Sec. 126-116. Highway Business District, HBD.
The intent of this district is to provide appropriate space and sufficient depth from the street to
satisfy the needs of modem commercial development where access is entirely dependent on
motor vehicle trade, and to encourage the development of these locations with such uses and in
such a manner as to minimize traffic hazards and interference with other uses.
(1) Permitted uses.
a. Any use permitted in the B-3 Zone;
b. Automobile service and repair establishments, including gasoline sery ice
stations. repair garages and automatic car -washing establishments:
C. Hotels and motels:
d. Recreational uses such as amusement parks, bowling alleys and roller-
skating; archery ranges, miniature golf. golf -driving ranges; and other
similar recreational activities:
e. Souvenir shops, roadside stands and curio shops "hen incidental to
another permitted use;
f. Office buildings:
g. Retail establishments (product processing is alloyed only if the products
are sold at retail on the premises);
h. Restaurants and eating establishments;
i. Commercial parking lots and parking garages;
j. Theaters.
Findings required for map amendment:
KRS — 100.213 Before any map amendment is granted, the Planning Commission must find that
the map amendment is in agreement with the comprehensive plan, or in the absence of such a
finding, that one or more of the following apply and such findings shall be recorded in the
minutes and records of the Planning Commission and City Commission:
That the existing zoning classification given to the property is inappropriate and the proposed
zoning classification is appropriate: or
That there have been major changes of an economic, physical or social nature within the area
involved which were not anticipated in the comprehensive plan and which have substantially
altered the basic character of the area.
Staff Analysis — The proposed zoning is in compliance with the Future Land Use Map, The
Future Land Use Map shows the area to be zoned "Commercial".
Future Land Use Map
Over time, the area along Highway 60 has, and continues to have, significant development.
West Park Village also has some new proposed developments being a new restaurant and
Wellsprings Dermatology buildings. A new Taco Johns is under construction nearby in
McCracken County. The Chick -61-A restaurant. Plaza Tire Service building and Aspen Dental
are all relatively new developments. It is anticipated that the new connector route from Holt
Road to Olivet Church Road behind the Cinemark Theater will continue to spur development in
the vicinity.
Planning Commission recommendation:
The Planning Commission held a public hearing on June 17'x. 2013 and made a positive
recommendation to the City Commission.
Staff Recommendation:
Staff recommends approval to the Paducah City Commission for HBD Zoning as the proposed
zoning designation is in compliance with the Comprehensive Plan per KRS 100.213.
Funds Available: Account Name: N'A
Account Number: N A Finance
Motion:
Attachments:
Planning Commission Resolution
Zone Cha
Agenda Action Form
Paducah City Commission
Meeting Date:
Short Title: To Amend this Ordinance to read "2007 Kentucky Building Code".
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Steve Kyle
Presentation By: Steve Kyle
Background Information: The Department of Housing, Buildings and Construction has
reviewed our application for the Expanded Jurisdiction Renewal and has asked all cities to
amend their local Ordinance to delete the adoption of the National Electric Code,
International Basic Energy Conservation Code, and International Basic Mechanical Code to
eliminate any conflicts within the code. We are amending this to the 2007 Kentucky
Building Code. This impacts Chapter 18 of the Code of Ordinances.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name: N/A
Account Number: N/A Finance
Staff Recommendation:
Attachments
Agenda Action Form
Paducah City Commission
Meeting Date: June 25, 2013
Short Title: Payment for Emergency Remediation Due to Partial Roof Clasp - 318 324
Broadway.
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Greg Cherry
Presentation By: Greg Cherry
Background Information:
On June 3, 2013, the Fire Prevention Division Jones Excavation to do some demolition work
on the Kresge building. Crews removed the debris, ceilings, etc. from the northeast corner
of the building and shored up the windows (glass has been removed). The extent of the work
is from the front metal facade to about 30 feet into the building. This work stabilized the
front of the building so that a collapse won't happen and swing debris out into Broadway.
Payment to Jones Excavation in the amount of $21,000 is requested as soon as possible.
Goal: ❑Strong Economy ❑ Quality Services® Vital Neighborhoods❑ Restored Do«ntowns
Funds Available: Account Name: Services / Demolition
Account Number: 001-1806-X22.23-13
Staff Recommendation: To pay Jones Excavation as soon as possible!
Attachments: Invoice
Department Head City Clerk City LManager
hinance
Agenda Action Form
Paducah City Commission
Meeting Date: July 2, 2013
Short Title: 2013/2014 Law Enforcement Service Fee (LSF) Grant Award
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Captain Jason Merrick, Cheryl Meadows
Presentation By: Chief James Berry
Background Information: Municipal Order # t709 authorized the Police Department to
submit a Law Enforcement Service Fee Grant Application to the Kentucky Justice Cabinet in order to
operate a one year DUI Enforcement Program.
The 20t3/2014 LSF Grant application was funded in the revised amount of $8,985. The award will
cover 151 hours of overtime for police officers and 1500 miles at .45 per mile. The grant period will
be July 1, 2013 to June 30, 2014.
If the Commission desires to accept this grant award, it must authorize and direct the Mayor or
Mayor's designee to sign all required grant application documents.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Project Number: f10-<)0-12.
Staff Recommendation: Approval
Attachments:
Department Head
City Clerk
City Manager
Agenda Action Form
Paducah City Commission
Meeting Date: July 2, 2013
Short Title: 20132014 Kentucky Pride Recycling Grant Award
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Robert Johnson, Cheryl Meadows
Presentation By: Charlie Doherty
Background Information: The Kentucky Division of Waste Management, Kentucky Pride
Recycling Grant program has funded the City of Paducah in joint applications with the McCracken
County Fiscal Court in the amount of $216,000 in the past four years. This joint application assists the
Greater Paducah Sustainability-, Inc./Recycle NOW {GPS} program iA-ith the development of integrated
recycling infrastructure and recycling public education. This grant award has a 75/25% match funding
formula. The City will act as the Lead Agency/Fiscal Agent.
Through Municipal Order 41708 the Commission approved the Engineerinoublic Works and Planning
Department's request to submit an application for fiscal year 2013/2014 to the Kentucky Division of
Waste Management: KY Pride Recycling Program on behalf of INN City of Paducah. McCracken
County Fiscal Court and GPS.
The amount awarded for the 2013/2014 Grant is $21;500 with a required match of $3;584 from both the
city and county for the total match $7,168 for the grant. The funds will be used to purchase various
recycling equipment to be used at the Recycling Drop -Off Center located at 1851 North 8`b Street. City
cash match is included in the 2013/2014 Engineering /Public Works budget.
If the Commission would like to accept this award it must authorize and direct the Mayor and/or Mayor's
designee to execute all required documents, including an Inter -Local Agreement between City of
Paducah and McCracken County Fiscal Court.
Goal: ®Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Staff Recommendation: Approval
Account Name:
Attaclunents:
Account Number:
Finance
Project Number:
t
Department Head City Clerk City Manager
Agenda Action Form
Paducah City Commission
Meeting Date: July 2. 2013
Short Title: Sale of Sheehan Bridge Road Property (Tract 1)
®Ordinance ❑ Emergency, ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Tammara Sanderson & Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
On June 4, 2013, Chris Colson Auctioneer held an auction for the City to sell
the property known as the Sheehan Bridge Road Property. This property was
sold in 2 tracts. Tract 1 was sold to Todd and Deborah Teas for the sum of
$185,120.10. This tract consists of 2.067 acres along with the house.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods[] Restored DoNN iumN ns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation: Proceed with sale.
Attachments: Deed of Conveyance
Department [-lead City Clerk City Manager
16189
DEED OF CONVEYANCE
THIS DEED made and entered into this the day cf July, 2013, by and between
CITY OF PADUCAH, KENTUCKY, a municipal corporation of the second class existing under
the laves of the Commonw-ealth of Kentucky, and a body politic and corporate, whose address is
Post Office Box 2267, Paducah, Kentucky 42002-2267, hereinafter called Grantor, and TODD
TEAS and wife, DEBORAH TEAS, of 2150 Spann Lane, Paducah, Kentucky 42003, Grantee.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sure of 5185,120.10 cash in hand paid
by the Grantee to the Grantor, the receipt of which is hereby acknowledged. Grantor- sold and
does by these presents grant, bargain, sell, alien and convey unto the Grantee, jointly during the
period of their natural lives with fee to the survivor, his or her heirs and assigns forever, together
with all the improvements, appurtenances and rights thereunto belonging, the following
described property, lying and being in McCracken County, Kentucky, and more
BEING TRACT 1. CONSISTING OF 2.067 ACRES, AS DEPICTED ON THE WAIVER OF
SUBDIVISION PLAT FOR THE CITY OF PADUCAH, KENTUCKY, SHEEHAN BRIDGE ROAD AND
INTERSTATE 24 PROPERTY OF RECORD IN PLAT SECTION M. PAGE 709, MCCRACKEN
COUNTY COURT CLERKS OFFICE.
BEING A PART OF THE SAME PROPERTY CONVEYED TO CITY OF PADUCAH, KENTUCKY BY
DEED DATED DECEMBER 18, 2009, OF RECORD IN DEED BOOK I l$Q, PNGF 467. MCCRACKEN
COUNTY COURT CLERK'S OFFICE
TO HAVE AND TO HOLD the same, together with all improvements thereon
and all rights and appurtenances thereunto pertaining unto Grantee, jointly during the period of
their natural lives with fee to the survivor, his or her heirs and assign forever with Covenant of
Special Warranty. except easements, covenants and restrictions of record,
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
consideration recited herein is the full actual consideration paid or to be paid for the property
transferred hereby. The Grantee joins this deed for the sole purpose of certifying the
consideration
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands
CITY OF PADUCAH. KENTUCKY
TODD TEAS
DEBORAH TEAS
STATE OF KENTUCKY
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this
day of July, 2013, by (title) of CITY OF
PADUCAH, KENTUCKY, a municipal corporation of the second class existing under the laws
of the Commonwealth of Kentucky, and a body politic and corporate, on behalf of said entity.
Grantor.
My commission expi
NOTARY PUBLIC, STATE AT LARGE
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day
Of July, 2013, by Todd Teas and wife, Deborah Teas, Grantee.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
THIS INSTRUMENT WAS PREPARED BY THE UNDERSIGNED WITHOUT THE BENEFIT OF A TITLE
EXAMINATION AND BASED UPON INFORMATION SUPPLIED BY THE GRANTORS. THE
UNDERSIGNED ASSUMES NO RESPONSIBILITY FOR ITS ACCURACY.
This instrument prepared by:
DENTON & KEULER. LLP
P. O. Box 929
Paducah. KY 42002-0929
Send current year tax bill to:
Mr. and Mrs. Todd Teas
2150 Spann Lane
Paducah, KY 42003
Agenda Action Form
Paducah City Commission
Meeting Date: July 2, 2013
Short Title: Sale of Sheehan Bridge Road Property (Tract 2)
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Tammara Sanderson & Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
On June 4, 2013, Chris Colson Auctioneer held an auction for the City to sell
the property known as the Sheehan Bridge Road Property. This property was
sold in 2 tracts. Tract 2 was sold to Stephan and Karen Jackson for the sum of
$679,041.00. This tract consists of 162.445 acres.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number:
Staff Recorrunendation: Proceed with sale.
Attachments: Deed of Conveyance
Department Head City Clerk City Manager
Finance
161334
DEED OF CONVEYANCE
THIS DEED made and entered into this the day of July, 2013, by and between
CITY OF PADUCAH, KENTUCKY, a municipal corporation of the second class existing under
the laws of the Commonwealth of Kentucky, and a body politic and corporate, whose address is
Post Office Box 2267, Paducah, Kentucky 42002-2267, hereinafter called Grantor, and
STEPHEN JACKSON and wife KAREN JACKSON, of 1900 N. Friendship Road, Paducah,
Kentucky 42001, Grantee.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of S679,041,00, cash in hand paid
by the Grantee to the Grantor, the receipt of which is hereby acknowledged, Grantor sold and
does by these presents grant, bargain, sell, alien and convey unto the Grantee, jointly during the
period of their natural lives with fee to the survivor, his or her heirs and assigns forever, together
with all the improvements, appurtenances and rights thereunto belonging, the following
describedproperty, lying and being in McCracken County, Keimticky, and more
BEING TRACT 2, CONSISTING OF 162.445 ACRES, AS DEPICTED ON THE WAIVER OF
SUBDIVISION PLAT FOR TI -IE CITY OF PADUCAH, KENTUCKY, 9.1J.E?HAN BRIDGE ROAD AND
INTERSTATE 24 PROPERTY OF RECORD IN PLAT SECTION N1, PAGE 709, 4ICCRACKEN
COUNTY COURT CLERK'S OFFICE.
BEING A PART OF THE SANIE PROPERTY CONVEYED TO CITY OF PADUCAH, KENTUCKY BY
DEED DATED DECEN[BER 18. 2009, OF RECORD IN DEED BOOK 1180, PAGE 467. MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
TO HAVE AND TO HOLD the same, together with all improvements thereon
and all rights and appurtenances thereunto pertaining unto Grantee, Jointly during the period of
their natural lives with fee to the survivor, his or her heirs and assign forever with Covenant of
Special Warranty, except easements, covenants and restrictions of record.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING
RESTRICTIVE COVENANTS
1) Any off conveyance from the larger tract herein, shall be subject to the following
restrictions:
(a) No mobile homes shall be allowed on any portion of the above described
property from the intersection of Old Sheehan Bridge Road to the East property
1 ine.
(b) All new construction must be site built homes with a brick foundation and
contain a minimum of 1,500 square feet of living space on the main floor.
2) The Grantee herein may not erect any barn(s) closer than 300 feet from the
existing property lines of Tract 1 depicted on the plat above described.
3) Said restrictions are a covenant running with the land and shall be binding upon
the Grantees, their heirs, successors and assigns.
Grantor and Grantee hereby swear acid affirm, under penalty of perjury, that the
consideration recited herein is the full actual consideration paid or to be paid for the property
transferred hereby. The Grantee joins this deed for the sole purpose of certifying the
consideration.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
CITY OF PADUCAH, KENTUCKY
Tit
STEPHEN JAC KSON
KAREN JACKSON
STATE OF KENTUCKY
COUNTY OF ivICCRACKEN )
The foregoing instrument was sworn and acknowledged before me this
day of July, 2013, by (title) of CITY OF
PADUCAH, KENTUCKY, a municipal corporation of the second class existing under the laws
of the Commonwealth of Kentucky, and a body politic and corporate, on behalf of said entity,
Grantor.
My commission
NOTARY PUBLIC, STATE AT LARGE
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day
of July, 2013, by Stephen Jackson and wife, Karen Jackson, Grantee.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
THIS INSTRUMENT WAS PREPARED BY THE UNDERSIGNED WITHOUT THE BENEFIT OF A TITLE
EXAMINATION AND BASED UPON INFORMATION SUPPLIED BY THE GRANTORS. THE
UNDERSIGNED ASSUNIES NO RESPONSIBILITY FOR ITS ACCURACY.
This instrument prepared by:
DENTON & KEULER, LLP
P. O. Box 929
Paducah, KY 42002-0929
Send current year tax bill to:
Dr. and Mrs. Stephen Jackson
1900 N. Friendship Road
Paducah, KY 42001