HomeMy WebLinkAboutAgenda Packet 06-28-2022ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
NEW EMPLOYEE INTRODUCTIONS 911 Communications Services Manager Kimberly Clark;
Telecommunicator Dalen McNeese; Telecommunicator Coby Fauver
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
CITY COMMISSION MEETING
CONSENT AGENDA
AGENDA FOR JUNE 28, 2022
5:00 PM
Approve Minutes for June 14, 2022
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Receive & File Documents
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
NEW EMPLOYEE INTRODUCTIONS 911 Communications Services Manager Kimberly Clark;
Telecommunicator Dalen McNeese; Telecommunicator Coby Fauver
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I.
CONSENT AGENDA
A.
Approve Minutes for June 14, 2022
B.
Receive & File Documents
C.
Reappointment of Dabney Haugh and Carol Vanderboegh to the Civic
Beautification Board
D.
Personnel Actions
E.
Accept proposed premiums from the Kentucky League of Cities for
Workers' Compensation, Liability Insurance and Property Insurance
Coverage in a total amount of $1,229,741.95 - S WILCOX
F.
Declaration and Transfer of Surplus Property to Paducah Alliance of
Neighbors (517 North 14th Street) - N HUTCHISON
G.
Authorize & Direct the City Manager to Initiate an RFP for Consulting
Services Related to Historical Assets & Neighborhoods - D JORDAN
H.
Authorize Renewal Application for Local Expanded Jurisdiction - G
CHERRY
IL
MUNICIPAL ORDER(S)
A. Approve Contract For Services with Greater Paducah Economic
Development Council for FY2023 in the amount of $250,000 - D
JORDAN
B. Approve Contract with Weyland Ventures Development, LLC for City
Block Public Facilities in the amount of $3,664,336.00 - D JORDAN
III.
ORDINANCE(S) - ADOPTION
A.
Zoning Text Amendments - J SOMMER
B.
Consensual Annexation of 5345 Hinkleville Road - J SOMMER
IV.
ORDINANCE(S) - INTRODUCTION
A.
Consensual Annexation of 1630 North Friendship Road - J SOMMER
V.
COMMENTS
A.
Comments from the City Manager
B.
Comments from the Board of Commissioners
C.
Comments from the Audience
VI.
EXECUTIVE SESSION
June 14, 2022
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, June 14, 2022, at
5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George
Bray presided. Upon call of the roll by the Assistant City Clerk, Claudia Meeks, the following
answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5).
INVOCATION
Commissioner Henderson led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
NEW EMPLOYEE INTRODUCTIONS
Assistant City Manager, Michelle Smolen, introduced Eric Stuber, the new Chief Technology
Director.
PRESENTATION
John Hodges, Executive Director of the Joint Sewer Agency, gave an update on current projects and
also discussed an upcoming 4 percent rate increase.
MAYOR'S REMARKS
Communications Manager, Pam Spencer, offered the following summary:
Mayor George Bray's Opening Remarks
• Mayor Bray reminded the public of Monday's Juneteenth holiday and its significance. City
Hall will be closed on Monday. Mayor Bray invited the community to participate in the first
ever community celebration. The Carson Center and the Paducah -McCracken County
NAACP are partnering to hold a Juneteenth event from 6 to 8 p.m. on Monday, June 20 at the
Carson Center. Tickets are $15 which includes a program in the theatre featuring Dr. Brandon
McCormack from the University of Louisville and a boxed barbecue dinner and live
entertainment on the Carson Center's lawn. For tickets, call the Carson Center at 270-450-
4444 or visit Juneteenth Celebration. The City of Paducah is proud to sponsor the event.
• Mayor Bray discussed two priority projects: 911 radio infrastructure upgrades and the outdoor
sports complex. The City and County have signed memorandums of understanding to partner
on these projects. However, Mayor Bray reiterated the sense of urgency and the importance of
the work underway by the 911 Communication Oversight Committee in addressing the issue
of the 911 radio infrastructure that has reached its end of life along with the determination of
a funding structure. The Committee has been meeting since January. At this time, the
Committee is working with Federal Engineering to develop a request for proposals for the
radio project. The RFP is expected to be distributed to vendors to submit proposals later this
summer. Mayor Bray plans to continue discussions with the County on both projects and
timelines.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. Mayor Bray asked the Assistant City Clerk to read the items on the Consent Agenda.
I(A) Approve Minutes for May 24, 2022, Paducah Board of Commissioners Meeting
June 14, 2022
I(B)
RECEIVE AND FILE DOCUMENTS:
Minute File:
1. Special Called Meeting Notice of the Board of Commissioners — May 24,
2022 — change in location
Contract File:
1. Title Exam and Real Estate Purchase Agreement — 3179 Jackson Street —
MO #2573
2. Programmatic Agreement between MARAD, KY State Historic Preservation
Office, Osage Nation, USACE and the City of Paducah — BUILD Grant —
MO #2580
3. Worker Supply Agreement — Wise Staffing Group — MO 92581
4. Employment Agreement — Eric Stuber — Chief Technology Director — MO
#2582
Financials File:
1. Paducah Water Works — month ending April 30, 2022
I(C)
Reappointment of Susan Carr to the Paducah -McCracken County Joint Sewer
Agency. Said term shall expire June 30, 2026.
I(D)
Reappointment of Thomas M. Whittemore and Kiesha Curry to the Paducah Area
Transit System Board. Said terms shall expire June 30, 2026.
I(E)
Appointment of Edward Box to the Civil Service Commission to replace the late
Martin Bendick. Said term shall expire May 13, 2023.
I(F)
Personnel Actions
I(G)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH SYSTEM SOLUTIONS OF PADUCAH,
KENTUCKY IN AN AMOUNT OF $50,283.70 FOR PROCUREMENT OF
SECURITY SYSTEM SOFTWARE AND HARDWARE FOR THE
PADUCAH POLICE DEPARTMENT (MO # 2583; BK 12)
I(H)
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE
KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR A 2021
GRANT AWARD IN THE AMOUNT OF $93,900 FOR THE PURCHASE OF AN
X-RAY MACHINE FOR THE BOMB SQUAD, AND AUTHORIZING THE
MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS
RELATED TO SAME (MO # 2584; BK 12)
I(I)
A MUNICIPAL ORDER ACCEPTING THE BID OF SCANNA MSC, INC. FOR
SALE TO THE CITY OF PADUCAH ONE SCAN-SILC 1824 PORTABLE X-RAY
UNIT AND ACCESSORIES IN THE AMOUNT OF $93,864 FOR USE BY THE
PADUCAH POLICE DEPARTMENT BOMB SQUAD UNIT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME
(MO # 2585; BK 12)
I(J)
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO
MAKE PAYMENT TO TYLER TECHNOLOGIES, INC. FOR ONGOING
MAINTENANCE RELATED TO THE COMPUTER AIDED DISPATCH
SYSTEM FOR FISCAL YEAR 2022 AND SUBSEQUENT YEARS, AS
APPROPRIATED, IN ACCORDANCE WITH THE LICENSE AND SERVICES
AGREEMENT WITH TYLER TECHNOLOGIES, INC. MO # 2586; BK 12
June 14, 2022
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
MUNICIPAL ORDERS
CONTRACT BETWEEN CITY OF PADUCAH AND PADUCAH CONVENTION &
VISITORS BUREAU — SPRING 2022 QUILT SHOW
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH THE PADUCAH CONVENTION AND
VISITORS BUREAU IN THE AMOUNT OF $25,000 FOR SPECIFIC SERVICES RELATED TO
THE AMERICAN QUILTERS SOCIETY SPRING 2022 SHOW."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2592; BK 12)
I(K)
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED
EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT
WITH THE SMITHLAND FIRE DEPARTMENT, TO PROVIDE FLEET
MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO SAME (MO # 2587; BK 12)
I(L)
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT
CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM
TOTER, INC., IN AN AMOUNT NOT TO EXCEED $140,000 FOR THE PUBLIC
WORKS SOLID WASTE DIVISION (MO # 2588; BK 12)
I(M)
A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A CRUMB
RUBBER GRANT IN THE AMOUNT OF $22,000 FROM THE KENTUCKY
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A POURED -IN-
PLACE PLAYGROUND AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATED TO SAME (MO # 2589; BK 12)
I(N)
A MUNICIPAL ORDER ADOPTING THE FY2022-2023 JOB GRADE
SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH,
KENTUCKY (MO # 2590; BK 12)
I(0)
A MUNICIPAL ORDER ADOPTING THE FY2022-2023 POSITION AND PAY
SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH,
KENTUCKY MO # 2591; BK 12
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
MUNICIPAL ORDERS
CONTRACT BETWEEN CITY OF PADUCAH AND PADUCAH CONVENTION &
VISITORS BUREAU — SPRING 2022 QUILT SHOW
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH THE PADUCAH CONVENTION AND
VISITORS BUREAU IN THE AMOUNT OF $25,000 FOR SPECIFIC SERVICES RELATED TO
THE AMERICAN QUILTERS SOCIETY SPRING 2022 SHOW."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2592; BK 12)
June 14, 2022
ORDINANCE ADOPTIONS
PADUCAH RIVERFRONT HOTEL (HOLIDAY INN) INDUSTRIAL BUILDING
REVENUE BOND SERIES 2015 INTEREST RATE RESET
Commissioner Henderson offered motion, seconded by Commissioner Wilson that the Board
of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY AUTHORIZING THE AMENDMENT AND SUPPLEMENT
OF THE BOND PURCHASE AGREEMENT DATED AS OF NOVEMBER 1, 2015, BY
AND AMONG THE CITY, PADUCAH RIVERFRONT HOTEL, LP, INDEPENDENCE
BANK OF KENTUCKY, AS SERVICING AGENT, AND INDEPENDENCE BANK OF
KENTUCKY, AS ORIGINAL PURCHASER, FOR THE PURPOSES OF ESTABLISHING
THE INTEREST RATE APPLICABLE TO THE CITY'S INDUSTRIAL BUILDING
REVENUE BOND, SERIES 2015 (PADUCAH RIVERFRONT HOTEL, LP PROJECT)
FOR THE PERIOD BEGINNING ON AND INCLUDING MAY 1, 2022 TO BUT
EXCLUDING THE SECOND OPTIONAL TENDER DATE APPLICABLE THERETO;
AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE AMENDMENT
OF THE BOND PURCHASE AGREEMENT AND THE SERIES 2015 BOND." This
Ordinance is summarized as follows: This Ordinance amends and supplements an Ordinance
2015-8-8283 of the City previously adopted on August 25, 2015 (hereinafter titled the "Prior
Ordinance"). The Prior Ordinance authorized the issuance of the City of Paducah,
Kentucky, Industrial Building Revenue Bond, Series 2015 (Paducah Riverfront Hotel, LP
Project) in an amount up to $12,000,000 (the "Series 2015 Bond") to finance the costs of the
acquisition, construction, installation, and equipping of a building suitable for use as a hotel,
together with all related and subordinate facilities necessary for the operation thereof, for
lease to Paducah Riverfront Hotel, LP (the "Tenant"). Certain terms of the Series 2015 Bond
are governed by a Bond Purchase Agreement (the "Bond Purchase Agreement"), by and
among the City, the Tenant, Independence Bank of Kentucky, as Servicing Agent for the
City with respect to the Series 2015 Bond thereunder (the "Servicing Agent"), and
Independence Bank of Kentucky, as original purchaser of the Series 2015 Bond (the
"Original Purchaser"). The Amending Ordinance authorizes the amendment of the Bond
Purchase Agreement and the Series 2015 Bond to require an interest rate per annum of
4.75% to apply to the Series 2015 Bond from May 1, 2022 to April 30, 2027 and to provide
for eight consecutive monthly interest -only payments beginning June 1, 2022. The Prior
Ordinance provides that pursuant to Sections 103.200 through 103.285, inclusive, of the
Kentucky Revised Statutes, the Series 2015 Bond will constitute a special and limited
obligation of the City payable solely from receipts and security derived from the Tenant.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and
Mayor Bray (5). (ORD 2022-06-8737; BK 36)
APPROVAL — CONTRACT MODIFICATION #1— INCREASE SCOPE IN
PROFESSIONAL SERVICES CONTRACT WITH HDR, INC, FOR DREDGING
PROJECT IN THE AMOUNT OF $86,200
Commissioner Wilson offered motion, seconded by Commissioner Henderson that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH HDR,
INC. IN AN AMOUNT OF $86,200 TO INCREASE THE SCOPE IN THE PROFESSIONAL
June 14, 2022
SERVICES CONTRACT TO INCLUDE ENGINEERING DRAWINGS AND SPECIFICATIONS,
BIDDING ADMINISTRATION, PROJECT INSPECTION, MONITORING, ADMINISTRATION
AND REPORTING." This Ordinance is summarized as follows: The Mayor is hereby authorized to
execute Contract Modification No. 1 with HDR, Inc. for the dredging project for additional services
in an amount not to exceed $86,200 and a decrease in the amount of $25,785, for a net increase of
$60,415, and a new total contract cost of $326,665. This expenditure shall be charged to the
Dredging Project Account DT0047.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and
Mayor Bray (5). (ORD 2022-06-8738; BK 36)
APPROVE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF
MAYFIELD FOR BUILDING INSPECTION SERVICES
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH,
KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH
THE CITY OF MAYFIELD, KENTUCKY, REGARDING BUILDING INSPECTION AND
PLAN REVIEW SERVICES; AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS
RELATED TO SAME." This Ordinance is summarized as follows: This ordinance authorizes the
Mayor to execute an Interlocal Agreement and all documents relating to same with the City of
Mayfield, Kentucky, for the purpose of the City of Mayfield engaging the services of the City of
Paducah to assist with building inspection and building plan review. The duration of said agreement
shall be from the Effective Date of the Agreement to June 30, 2024, and may be renewed for one (1)
additional three (3) year term, upon agreement of the parties at least ninety (90) days prior to
expiration of the initial term with approval from the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and
Mayor Bray (5). (ORD 2022-06-8739; BK 36)
FY2023 BUDGET ORDINANCE
Commissioner Guess offered motion, seconded by Commissioner Gault that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF
PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY
1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This
Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year
July 1, 2022, through June 30, 2023, by estimating revenues and resources and appropriating funds
for the operation of City Government at $96,749,577, and summarized by fund as follows:
June 14, 2022
FUNDS
APPROPRIATIONS
1000 GENERAL
$ 43,276,785
2300 MAP
1,601,280
2400 INVESTMENT
5,810,790
2600 CDBG
200,000
2000 E911
2,571,530
2700 COURT AWARDS
90,800
2800 ROOM TAX
1,840,000
3000 DEBT
3,555,320
4000 CIP
1,760,000
4200 BOND FUND
19,800,000
5000 SOLID WASTE
6,900,651
5300 TRANSIENT BOAT DOCK
129,112
5100 CIVIC CENTER
35,445
1100 RENTAL
132,210
1200 RADIO DEPR
163,860
7000 FLEET MAINTENANCE
806,964
7100 FLEET LEASE TRUST
2,013,695
7200 INSURANCE
1,364,560
7300 HEALTH INSURANCE
3,665,600
8100 PFPF
945,655
8400 OTHER TRUSTS
85,320
$ 96,7
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and
Mayor Bray (5). (ORD 2022-06-8740; BK 36)
ORDINANCE INTRODUCTIONS
ZONING TEXT AMENDMENTS - SECTIONS 126-73,126-83, AND 126-108
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners, introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This Ordinance is
summarized as follows: This ordinance amends Sections 126-73, 126-83, and 126-108 of the
Paducah Code of Ordinances. This amendment allows for staff approval of certain home
occupations, greater tree canopy protections for proposed new developments, revised Mobile Food
Vehicles to reflect the changes adopted by the National Fire Prevention Association, and allows
hotel/motel rooms, short term rental rooms and bed & breakfast rooms to be allowed above, below
or in the rear one-third of the ground floor in the Downtown Business Townlift Zone (B -2-T) and
the Historic Commercial Zone (h-1) to protect street character and vitality.
PUBLIC COMMENT: Mayor Bray allowed Dujuan Thomas to speak regarding the Zoning
Ordinance and political signage.
June 14, 2022
CONSENSUAL ANNEXATION OF 5345 HINKLEVILLE ROAD
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners, introduce an Ordinance entitled, "AN ORDINANCE EXTENDING THE
BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN
PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH,
AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED
WITHIN THE SAID CORPORATE LIMIT." This Ordinance is summarized as follows: The City
of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the
present city limits, located at 5345 Hinkleville Road, containing approximately 5.22 acres of land.
DISCUSSION
Assistant City Manager Michelle Smolen gave a Commission Priorities Update. Communications
Manager Pam Spencer offered the following summary:
"After a February strategic planning retreat, the Paducah Board of Commissioners adopted
10 priorities for this calendar year. Assistant City Manager Michelle Smolen updated the
Board on the progress. The report can be viewed at Commission Priorities. The 10 priority
items are listed below in no particular order:
• 911 Radio/Tower Upgrades and Operational Funding
• Minority Inclusion
• Downtown
• Southside Enhancements
• Housing
• Beautification
• Community Growth
• Trails and Bike Paths Enhancements
• Continue Efforts to Improve Operational Efficiencies
• Protecting Key Historical and Cultural Resources
The list of City Commission Priorities also includes three continuous improvements action
items: stormwater, city facilities, and the joint city/county sports complex."
EXECUTIVE SESSION
Commissioner Gault offered 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)
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
RECONVENE IN OPEN SESSION
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Paducah
Board of Commissioners reconvene in open session.
June 14, 2022
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Guess, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
TIME ADJOURNED: 7:25 p.m.
ADOPTED: June 28, 2022
George P. Bray, Mayor
ATTEST:
Claudia Meeks, Assistant City Clerk
June 28, 2022
RECEIVE AND FILE DOCUMENTS:
Deed of Conveyance William G. Camp and Betty Heath Camp, Co -Executors of the
Estate of D. Joan Estes, Deceased. 3179 Jackson Street MO 92573
Contract File
1. Paducah Riverfront Hotel (Holiday Inn) — First Supplemental Bond Purchase Agreement
ORD 2022-06-8737
2. City of Paducah Fleet Maintenance Agreement with Smithland Fire Department —
MO #2587
Financials:
Paducah Water Works period ending May 31, 2022
CITY OF PADUCAH
June 28, 2022
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
wadeae s
City Manager's Office Signature
6/23/2022
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
June 28, 2022
NEW HIRES - FULL-TIME (F/T
FIRE - PREVENTION
POSITION
RATE OF PAY
NCS/CS FLSA
EFFECTIVE DATE
Prescott, Jeffrey L.
Deputy Electrical Inspector
$24.26/hr
NCS Non -Ex
June 30, 2022
PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS (FULL-TIME)
PREVIOUS POSITION
CURRENT POSITION
HUMAN RESOURCES
AND BASE RATE OF PAY
AND BASE RATE OF PAY
NCS/CS FLSA
EFFECTIVE DATE
Throgmorton, Braden
Risk / Safety Manager
Risk / Safety Manager
NCS Ex
July 14, 2022
$33.84/hr
$34.52/hr
PLANNING
Reason, Melanie R.
Business Development Specialist
Business Development Specialist
NCS Ex
July 14, 2022
$26.02/hr
$26.67/hr
TERMINATIONS - PART-TIME (P/T)
PARKS & RECREATION
POSITION
REASON
EFFECTIVE DATE
Beard, Justice T.
Lifeguard
Resignation
June 16, 2022
Peyton, Dylan W.
Lifeguard
Resignation
June 16, 2022
Wunch, Dillian R.
Lifeguard
Resignation
June 16, 2022
TERMINATIONS - FULL-TIME (FIT)
POLICE
POSITION
REASON
EFFECTIVE DATE
Jones, Matthew L.
Patrolman
Resignation
July 5, 2022
PUBLIC WORKS
Carruthers, Timothy K.
Solid Waste Truck Driver
Resignation
June 17, 2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Accept proposed premiums from the Kentucky League of Cities for Workers' Compensation,
Liability Insurance and Property Insurance Coverage in a total amount of $1,229,741.95 - S WILCOX
Category: Municipal Order
Staff Work By: Braden Throgmorton, Stefanie Wilcox
Presentation By: Stefanie Wilcox
Background Information: Each year the City of Paducah receives from the Kentucky League of Cities the
invoices for payment of premiums to cover these areas. Total Fiscal Year 2022-2023 (FY 2023) premiums are
for the following: (1) Workers' Compensation $516,381.56, (2) Liability Insurance $596,322.76, (3) Property
Insurance Coverage $117,037.63. The Health Department to reimburse $2,946.32, for property expenses
associated with coverage of the Health Department. Paxton Park Golf Course to reimburse $4,330.37 for
property expenses associated with the Golf Park Course.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available: Account Name: General Insurance Fund
Account Number: Fund 7200
Staff Recommendation: Recommend to continue with Kentucky League of Cities Insurance Coverage
Attachments:
I . MO - insurance — klc fy2023
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR
TO PAY KENTUCKY LEAGUE OF CITIES FOR WORKERS'
COMPENSATION, LIABILITY INSURANCE, AND PROPERTY
INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,229,741.95
FOR THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR
TO EXECUTE ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Finance
Director to pay Kentucky League of Cities in the total amount of $1,229,741.95 for
Workers' Compensation, Liability Insurance, and Property Insurance Coverage for the
City of Paducah for Fiscal Year ending June 30, 2023, for the following policies:
Workers' Compensation 1$516,381.56
Liability Insurance $596,322.76
Property Insurance $117,037.63
SECTION 2. This expenditure shall be charged to the Insurance Fund
accounts. The Health Department will reimburse $2,946.32 for property expenses
associated with coverage of the Health Department. Paxton Park Golf Course will
reimburse $4,330.37 for property expenses associated with the Golf Park Course.
SECTION 3. That the City of Paducah hereby authorizes the Mayor to
execute all documents related to the Kentucky League of Cities Worker's Compensation,
Liability Insurance and Property Insurance Coverage for FY2023 as authorized in Section
1 above.
SECTION 4. This Order shall be in full force and effect from and after
the date of its adoption.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 28, 2022
Recorded by Lindsay Parish, City Clerk, June 28, 2022
\mo\insurance — klc fy2023
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Declaration and Transfer of Surplus Property to Paducah Alliance of Neighbors (517 North 14th
Street) - N HUTCHISON
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Nicholas Hutchison
Background Information: The Paducah Alliance of Neighbors submitted a bid offering $1 for the
property. In consideration of the City transferring the property, P.A.N. proposes constructing a single-family
(two-bedroom, two -bath) home for a pre -qualified buyer, Eric Hoffman. Total investment $177,640. Funding
sources include KY Housing Corporation Homebuyer Development Grant of $84,000; Homeowner Mortgage:
$78,000; and City of Paducah Home Owner Incentive: $15,640.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Commission Priorities List Housing -New infill development
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Transfer the property at 517 North 14th Street to Paducah Alliance of Neighbors
for the purpose of constructing a single family residence for a pre -selected, qualified family.
Attachments:
1. SOA2022-0001 Staff Report 517 N 14th
2. MO - prop sale— 517 North 14th Street, Paducah, Kentucky
• STAFF REPORT
PADUCAH CITY COMMISSION
ADDRESS
517 North 141h Street
CASE No.
SOA2022-0001
OWNER
City of Paducah
APPLICANT
Midtown Alliance of Neighbors
AGENT
---
REQUEST
Sale of Asset
HEARING DATE
June 14, 2022
GENERAL SITE INFORMATION
CURRENT ZONING
NSZ Neighborhood Services Zone
CURRENT LAND USE
Vacant
COMPREHENSIVE PLAN
Neighborhood Plan 1
CURRENT IMPROVEMENTS
None
FLOODPLAIN
No
PUBLIC UTILITIES
Power, gas, water
PUBLIC SERVICES
Paducah Fire, Paducah Police
SURROUNDING AREA INFORMATION
GENERAL INFORMATION
The disposition of surplus or excess property is governed by City Code Section 2-668;
which references KRS 82.083.
The disposition of any property requires a written determination that includes: a
description of the property; its intended use at the time of acquisition; the reason why it is
in the best interest of the city to dispose of the item; and the method of disposition to be
used.
SURROUNDING ZONING
SURROUNDING LAND USE
NORTH
NSZ
Single-family
SOUTH
NSZ
Single-family
EAST
NSZ
North 14th Street/ Recreation
WEST
NSZ
Single-familv
GENERAL INFORMATION
The disposition of surplus or excess property is governed by City Code Section 2-668;
which references KRS 82.083.
The disposition of any property requires a written determination that includes: a
description of the property; its intended use at the time of acquisition; the reason why it is
in the best interest of the city to dispose of the item; and the method of disposition to be
used.
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3
STAFF REPORT (continued)
Future Land Use Map 1:2000
ACQUISITION OF THE PROPERTY
page 3 of 4
The Urban Renewal and Community Development Agency acquired this property in
May 2012 with the intention of using the lot in the Fountain Avenue Revitalization
Program. The building on the property was demolished several years ago.
DISPOSITION OF THE PROPERTY
Typically, it is in the best interest of the City to transfer ownership of underutilized
parcels to a responsible citizen, thereby placing the property back on the tax rolls and
eliminating the maintenance and liability costs. This lot is located in an established,
recently revitalized residential neighborhood. The Comprehensive Plan recommends
Neighborhood Plan 1, in which residential development should be designed and
configured to complement the existing neighborhood.
BID INFORMATION
This property was advertised on the City website and in the Paducah Sun on April 30,
2022. Deadline to bid was 4 PM, May 25, 2022. The bids were opened at 9 AM on
Thursday, May 26, 2022. The Paducah Alliance of Neighbors has submitted the only
bid received for this property.
STAFF REPORT (continued)
page 4 of 4
BID #1
Paducah Alliance of Neighbors
Bid Amount: $1
The Paducah Alliance of Neighbors submitted a proposal to construct
a single-family (two-bedroom, two -bath) home for pre -qualified
buyer Eric Hoffman. Total investment $177,640. Funding sources
include KY Housing Corporation Homebuyer Development Grant of
$84,000; Homeowner Mortgage: $78,000; and City of Paducah Home
Owner Incentive: $15,640.
STAFF RECOMMENDATION
The lot is located within the Neighborhood Services Zone, which requires Historic
Architecture Review Commission (HARC) review and approval of the plans and design
for new construction or exterior changes in this zone.
Therefore, it is recommended to determine that the property is surplus and accept the
request of the Paducah Alliance of Neighbors to transfer the property for $1, subject to
the standard clause applied in the Fountain Avenue Revitalization Area stating that the
property would revert back to the City if the owner fails to comply with the submitted
proposal and fails to substantially complete the project within two years.
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED
AT 517 NORTH 14TH STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY,
ACCEPTING THE BID OF PADUCAH ALLIANCE OF NEIGHBORS IN THE AMOUNT OF
ONE DOLLAR ($1.00) AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND
ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to KRS 82.083 a written determination has been made that
the City does not have any use at this time or in the future for property located at 517 North 14th
Street, Paducah, Kentucky, which constitutes surplus real estate; and
WHEREAS, the City advertised for bids on April 30, 2022, and one bid was
received and opened on May 26, 2022; and
WHEREAS, the City desires to accept the bid of Paducah Alliance of Neighbors,
in the amount of One Dollar ($1.00), who proposes to construct a single-family dwelling for pre-
qualified buyer, Eric Hoffman; and
WHEREAS, the Paducah Alliance of Neighbors proposes a total investment of
$177,640 including the following funding sources: KY Housing Corporation Homebuyer
Development Grant in the amount of $84,000, Homeowner Mortgage in the amount of $78,000
and City of Paducah Home Owner Incentive in the amount of $15,640.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property
located at 517 North 14th Street, Paducah, Kentucky to be surplus property as it relates to the
operations of the City. Further, the Board of Commissioners hereby accepts the bid of Paducah
Alliance of Neighbors in the amount of One Dollar ($1.00) for the purchase of real property
located at 517 North 14th Street, Paducah, Kentucky.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the
date of its adoption.
Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
\mo\prop sale— 517 North 14th Street, Paducah, Kentucky
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Authorize & Direct the City Manager to Initiate an RFP for Consulting Services Related to
Historical Assets & Neighborhoods - D JORDAN
Category: Motion
Staff Work By: Daron Jordan, Lindsay Parish
Presentation By: Daron Jordan
Background Information: The City of Paducah has certain historical and cultural assets within the City
which it wishes to preserve. The City Commission identified "Protecting Key Historical and Cultural
Resources" as a 2022 Commission Priority. The next step related to this priority is to seek out the services of a
consultant to provide consultation, advice, and recommendations for the preservation and stewardship of
identified cultural assets and neighborhoods. This Municipal Order authorizes and directs the City Manager to
prepare and initiate a Request for Proposals for the purpose of soliciting consulting services related to
preservation assessment and stewardship of certain historic assets and neighborhoods.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Protecting Key Historical and Cultural Resources.
Communications Plan: If approved, the RFP will be issued to known consultants, advertised in
the local newspaper, and on the City's website.
Funds Available: Account Name: Cultural Assets
Account Number: MR0088
Staff Recommendation: Approve.
Attachments:
I. MO RFP — Cultural & Historic Asset Services
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO
INITIATE A REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR
PRESERVATION ASSESSMENT AND STEWARDSHIP OF CERTAIN HISTORIC
ASSETS AND NEIGHBORHOODS
WHEREAS, the City of Paducah has certain historical and cultural assets
within the City which it wishes to preserve; and
WHEREAS, the City Commission identified Protecting Key Historical and
Cultural Resources as a 2022 Commission Priority; and
WHEREAS, the City of Paducah wishes to seek out a consultant to provide
consultation, advice, and recommendations for the preservation and stewardship of identified
cultural assets and neighborhoods; and
WHEREAS, the City Commission now wishes to direct the City Manager to
prepare and initiate a Request for Proposals for the purpose of soliciting consulting services
related to preservation assessment and stewardship of certain historic assets and
neighborhoods.
KENTUCKY:
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
SECTION 1. That the City Manager is hereby authorized and directed to
create and initiate a Request for Proposals for the purpose of soliciting consulting services
related to preservation assessment and stewardship of certain historic assets and
neighborhoods.
SECTION 2. This Order will be in full force and effect from and after the
date of its adoption.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners,
Recorded by Lindsay Parish, City Clerk,
MO\RFP — Cultural & Historic Asset Services
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Authorize Renewal Application for Local Expanded Jurisdiction - G CHERRY
Category: Municipal Order
Staff Work By: Greg Cherry
Presentation By: Greg Cherry
Background Information: The City of Paducah adopted Ordinance 2017-1-8465 on January 17, 2017
authorizing an agreement between the City of Paducah and the Commonwealth of Kentucky, Department of
Housing, Buildings and Construction for additional plan review and inspection responsibilities within the City
of Paducah. The agreement was for a term of three years.
In order to renew the agreement, the City must comply with 815 KAR 7:110 by submitting a Renewal
Application for Local Building Expanded Jurisdiction to the Department of Housing, Buildings and
Construction. This Municipal Order authorizes the Mayor to sign the application.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: To approve the expanded jurisdiction to better serve the contractors and business
owners in the City and to authorize the Mayor's signature on the renewal application.
Attachments:
I. MO - Renewal Application Local Expanded Jurisdiction 2022
2. Renewal Application
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE EXECUTION OF A
RENEWAL APPLICATION TO THE COMMONWEALTH OF KENTUCKY,
DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION FOR LOCAL
EXPANDED JURISDICTION FOR THE FIRE PREVENTION DIVISION AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a renewal application
and all documents relating to same, to the Commonwealth of Kentucky, Department of Housing,
Buildings and Construction for Local Expanded Jurisdiction for the Fire Prevention Division.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 28, 2022
Recorded by Lindsay Parish, City Clerk, June 28, 2022
\tno\Renewal Application Local Expanded Jurisdiction 2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Approve Contract For Services with Greater Paducah Economic Development Council for
FY2023 in the amount of $250,000 - D JORDAN
Category: Motion
Staff Work By: Daron Jordan, Claudia Meeks
Presentation By: D JORDAN
Background Information:
As part of the Investment Fund Decision Items for FY2023, the Commission approved appropriation of funding
for Greater Paducah Economic Development Council (GPEDC) in the amount of $250,000, to be paid in
quarterly installments.
When the City provides funds to any organization, we prepare a simple Contract For Services agreement
that describes the public services the organization will provide as a result of receiving the city funding.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available: Account Name: Investment Fund
Account Number: 24000401-580800
Staff Recommendation: Approve Contract For Services and authorize the Mayor to execute said Contract.
Attachments:
1. MO - contract-GPEDC FY23
2. GPEDC Contract FY23
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC
DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC SERVICES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with
Greater Paducah Economic Development Council in the amount of $250,000, to be paid in equal
quarterly allocations of $62,500, for performance of services as outlined in said Contract. This
contract shall become effective July 1, 2022 and expire June 30, 2023.
SECTION 2. This expenditure will be charged to the Investment Fund, Account
Number 24000401-580800.
SECTION 3. This Municipal Order shall be effective from and after the date of
its adoption.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 28, 2022
Recorded by Lindsay Parish, City Clerk, June 28, 2022
\mo\contract-GPEDC FY23
CONTRACT FOR SERVICES
This Contract for Services, effective this day of '2022, by and between the CITY
OF PADUCAH ("City") and GPEDC, Inc., d/b/a GREATER PADUCAH ECONOMIC
DEVELOPMENT COUNCIL (GPEDC), a Kentucky not-for-profit corporation.
WITNESSETH:
WHEREAS, GPEDC is a non-profit organization charged with the economic development of Paducah
and McCracken County.
WHEREAS, the services of GPEDC as described herein are for the direct benefit of the citizens of the
City of Paducah, and
WHEREAS, promoting investment and economic development in the Paducah area as well as
supporting entrepreneurs and business development in the community serves a valid public purpose;
and
WHEREAS, the City of Paducah desires to contract with GPEDC for the services to be described
herein under the terms and conditions set forth in this Contract for Services.
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein
set forth, the pasties do covenant and agree as follows:
SECTION 1: TERM The term of this contract for services shall be from the effective date of July 1,
2022 through June 30, 2023.
SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of
any party to comply with any provision of this agreement provided any such party notifies the other in
writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar
days of the notice.
SECTION 3: OPERATIONS PAYMENT
A. In consideration of the operating costs and debt service necessary to carry out the objectives
and services of GPEDC for services described herein, the City shall pay GPEDC Two Hundred
Fifty Thousand Dollars ($250,000) to be paid in equal quarterly allocations of Sixty -Two
Thousand Five Hundred Dollars $62,500 each by the end of each quarter. A quarterly invoice
will be provided by GPEDC prior to payment.
B. First Quarter Payment shall be made after ratification of this agreement by both parties. The
first quarterly payment shall be made by September 30, 2022, and subsequent payments shall
be made by December 31, 2022, March 31, 2023 and June 30, 2023.
C. In the event this Contract for Services is terminated, the City shall not be obligated to make
any further quarterly allocation payments.
SECTION 4: CHECK PRESENTATION — The City of Paducah and GPEDC, Inc. will coordinate
a check presentation celebrating this monetary assistance at a mutually convenient time and place.
SECTION 5: OBJECTIVES AND SERVICES GPEDC shall perform the following services for
and on behalf of the city in consideration for the allocation payments described above:
• Market the greater Paducah area and promote economic development through capital
investment, job creation, and business start-up and retention.
• Act as local liaison to the Kentucky Cabinet for Economic Development and other local and
regional economic development organizations.
• Provide staff support to the Paducah -McCracken Industrial Development Authority.
• Incur costs and expenses related to data compilation and maintenance required by companies
making site decisions. This includes conducting, analyzing, and maintaining ongoing
information including: competitive studies, the local labor market area, land availability,
market trends, and such other data for thepromotion of economic development.
• Monitor compliance with incentive agreements for the City and County and provide periodic
written reports of such to the City Manager
• Partner with the City in the creation and implementation of an effective local business retention
and expansion program.
SECTION 6: INCENTIVES GPEDC shall provide recommendations for incentives for the City
Manager, and staff to review, in accordance and in compliance with City of Paducah Municipal Order
No. 1714, "Guidelines for Providing Economic Incentives", as amended.
SECTION 7: ACCOUNTING
(A) GPEDC shall conduct all accounting, payroll, financial management, and shall make regular
reports of GPEDC's expenditures to ensure such expenditures are proper.
(B) City shall have the right to inspect the operations of GPEDC, including reviewing its books,
records, ledgers, or other documents, without prior notice of said inspection.
(C) GPEDC shall supply an annual financial audit to the City within two (2) weeks of its
completion.
SECTION 8: ENTIRE AGREEMENT This contract for services embodies the entire agreement
between the parties and all prior negotiations and agreements are merged in this agreement. This
agreement shall completely and fully supersede all other prior agreements, both written and oral,
between the parties.
SECTION 9: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract
for Services, in the event it is determined that any funds provided GPEDC are used for some purpose
other than in furtherance of the services described herein, the City shall have the right to immediately
withdraw any and all further funding and shall immediately have the right to terminate this Contract
for Services without advance notice and shall have the right to all remedies provided in the law to seek
reimbursement for all monies not properly accounted.
Witness the signature of the parties as of the year and date first written above.
CITY OF PADUCAH
Um -m
GEORGE BRAY, Mayor
GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL (GPEDC)
By /
Title %3rz..,cr
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Approve Contract with Weyland Ventures Development, LLC for City Block Public Facilities in
the amount of $3,664,336.00 - D JORDAN
Category: Municipal Order
Staff Work By: Nicholas Hutchison, Jonathan Perkins
Presentation By: Daron Jordan
Background Information: On June 23, 2021 the Board of Commissioners approved the City's intent to
reimburse itself for the cost of capital expenditures from the proceeds of tax-exempt obligations in the
reasonably anticipated amount of up to $3,000,000.00; for the purpose of capital expenditures for the City
Block project that may occur before the issuance of reimbursement bonds. On Tuesday, April 5th, 2022, sealed
bids were opened for the City Block Public Facilities. One (1) responsive and responsible bid was received,
with Ray Black & Son, INC, submitting the bid in the amount of $3,444,336.00. This bid was 13.79% above
the engineer's construction cost estimate. This bid amount includes an $80,000.00 contingency, and the staffs
recommendation is to increase the contingency by $220,000.00 for a total contingency amount of $300,000.00.
The total project cost with the $300,000.00 contingency is $3,664,336.00.
Based on the updated construction cost, the City must authorize an updated letter of commitment with Weyland
Ventures Development, authorize the use of Capital Improvement Fund fund balances, and declare the City's
intent to reimburse itself for the cost of the capital expenditures from the proceeds of tax-exempt obligations.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Downtown
Communications Plan:
Funds Available: Account Name: Capital Improvement Fund fund balances
Account Number:
Staff Recommendation: Approval.
Attachments:
1. MO - City Block Public Facilities Project Funding & Reimbursement 6-2022
2. NOTICE TO PROCEED WITH CONSTRUCTION
3. Development Agreement between City of Paducah and Weyland Ventures Development LLC ORD
2020-08-8650
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER DECLARING THE CITY'S INTENT TO
REIMBURSE ITSELF FOR THE COST OF CAPITAL EXPENDITURES FROM
THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS, AUTHORIZING A
NOTICE TO PROCEED WITH CONSTRUCTION AND UPDATED LETTER OF
COMMITMENT WITH WEYLAND VENTURES DEVELOPMENT, LLC,
AUTHORIZING THE USE OF CAPITAL IMPROVEMENT FUND FUND
BALANCES UNTIL SUCH TIME AS REIMBURSEMENT IS REALIZED, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED
TO SAME
WHEREAS, on August 12, 2020, the City of Paducah (hereinafter the
"City') entered into a Development Agreement (hereinafter the "Agreement") with
Weyland Ventures Development, LLC, (hereinafter "Developer") as authorized by
Ordinance No 2020-08-8650; and
WHEREAS, the Agreement authorizes and governs certain Public
Facilities, which include all of the facilities that are to be constructed by the Developer on
property retained in fee simple ownership by the City, including the parking facility,
Greenspace Park and urban park (collectively, the "City Block Public Facilities Project");
and
WHEREAS, the Agreement authorizes the reimbursement to the
Developer of the actual total costs that the Developer incurs in the development and
construction of the Public Facilities and provides that the City shall provide the
Developer with a not -to -exceed budget for the public facilities no later than the midpoint
of the design plan; and
WHEREAS, the City Commission adopted a Resolution on June 22, 2021
declaring the City's intent to reimburse itself with the proceeds of Reimbursement Bonds
in the reasonably anticipated amount of up to 53,000,000 for the purpose of Capital
Expenditures for the City Block Public Facilities Project that may occur before the
issuance of Reimbursement Bonds; and
WHEREAS, on June 23, 2021, a letter of commitment was issued to the
Developer stating that the City would fund up to S3 million for eligible expenses related
to the development and construction of the Public Facilities; and
WHEREAS, on Tuesday, April 5, 2022, sealed bids were opened for the
City Block Public Facilities; and
WHEREAS, one (1) responsive and responsible bid was received from
Ray Black & Son, Inc. in the amount of 53,444,336 which was 13.79% above the
engineer's construction cost estimate and includes an 580,000 contingency; and
WHEREAS, City of Paducah staff recommend to increase said
contingency by 5220,000 for a total contingency amount of 5300,000 and a total project
cost of 53,664,336; and
WHEREAS, Code Section 150 and the Reimbursement Regulations
permit the City to issue Tax -Exempt Obligations and to use the proceeds thereof to
reimburse the City for its prior payment of Capital Expenditures provided, among other
things, (i) the City makes a Declaration of Official Intent within sixty days after payment
of such Capital Expenditures, (ii) the City makes a Reimbursement Allocation within
eighteen months after the date a Capital Expenditure was paid or the date the property
acquired with the Capital Expenditure was placed in service, and in any event no later
than three years after the Capital Expenditure was paid; and
WHEREAS, the City desires to make a Declaration of Intent pursuant to
the Reimbursement Regulations related to the payment of Capital Expenditures for the
City Block Public Facilities Project in the new amount of S3.5 million; and
WHEREAS, the City expects to expend existing Capital Improvement
Fund fund balances to pay Capital Expenditures for the City Block Public Facilities
Project until such time as the City is able to reimburse itself with the proceeds of
Reimbursement Bonds; and
WHEREAS, the City desires to authorize an updated Letter of
Commitment and a Notice to Proceed with Construction between the City and the
Developer.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. Affirmation of Preamble. It is hereby found, determined,
and declared that the facts, recitals, and definitions set forth in the recitals of this
Municipal Order are true and correct and are hereby affirmed, and all acts described in
the recitals of this Municipal Order are hereby ratified. Such facts, recitals, and
definitions are hereby adopted and incorporated as a part of this Municipal Order.
SECTION 2. Definitions.
"Allocation" means written evidence that proceeds of Tax -Exempt
Obligations issued after the payment of a Capital Expenditure are to reimburse the
City for such payment.
"Capital Expenditure" means any expense related to the City Block Public
Facilities Project for an item that is properly depreciable or amortizable or is
otherwise treated as a capital expenditure for purposes of the Code, as well as any
costs of issuing Reimbursement Bonds.
"Code" means the Internal Revenue Code of 1986, as amended.
"Declaration of Official Intent" means a written declaration, including this
Resolution, which the City intends to fund Capital Expenditures with an issue of
Reimbursement Bonds and reasonably expects to reimburse the City from the
proceeds of such an issue.
"Reimbursement" means the restoration to the City of money temporarily
advanced from other funds, including moneys borrowed from other sources, by
the City to pay for Capital Expenditures before the issuance of Reimbursement
Bonds intended to fund such Capital Expenditures. "To reimburse" means to
make such a restoration.
"Reimbursement Bonds" means Tax -Exempt Obligations that are issued to
reimburse the City for Capital Expenditures, and for certain other expenses
permitted by the Reimbursement Regulations, previously paid by or for the City.
"Reimbursement Regulations" means Treasury Regulation § 1.150-2 and
any amendments thereto or superseding regulations, whether in proposed,
temporary, or final form, as applicable, prescribing conditions under which the
proceeds of Tax -Exempt Obligations may be allocated to reimburse the City for
Capital Expenditures and certain other expenses paid before the issuance of the
Tax -Exempt Obligations so that the proceeds of such Tax -Exempt Obligations
will be treated as "spent' for purposes of Code Sections 103 and 141 to 150.
"Tax -Exempt Obligations" means tax-exempt bonds, notes, certificates, or
other obligations included in the meaning of "bonds" under Code Section 150.
SECTION 3. Declaration of Official Intent. That the City hereby
declares, pursuant to the Reimbursement Regulations, its official intent to reimburse itself
with the proceeds of Reimbursement Bonds in the reasonably anticipated amount of up to
53,500,000 for the purpose of Capital Expenditures for the City Block Public Facilities
Project that may occur before the issuance of Reimbursement Bonds.
SECTION 4. Authorization of Notice to Proceed. That the Mayor of the
City of Paducah, Kentucky, is hereby authorized and directed to execute the Notice to
Proceed with Construction between the City and Weyland Ventures Development, LLC.
SECTION 5. Authorization for Updated Letter of Commitment. That
the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to issue
an updated Letter of Commitment to Weyland Ventures Development, LLC, to commit a
not -to -exceed amount of 53,664,336 for eligible expenses related to the development and
construction of the City Block Public Facilities Project.
SECTION 6. Authorization for Use of Fund Balances. That the City
hereby authorizes the use of existing Capital Improvement Fund fund balances to fund
reimbursement to Weyland Ventures Development, LLC, for the City Block Public
Facilities Project in an amount not to exceed 53,664,336 until such time as the City may
reimburse itself with the proceeds of reimbursement bonds as referenced herein.
SECTION 7. Severability. That if any section, paragraph or provision of
this Municipal Order 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 Municipal Order.
SECTION 8. Conflicts. That all resolutions, orders or parts thereof in
conflict with the provisions of this Municipal Order are, to the extent of such conflict,
hereby repealed and the provisions of this Municipal Order shall prevail and be given
effect.
SECTION 9. Effective Date. That this Order shall be in full force and
effect from and after the date of its adoption.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners,
Recorded by Lindsay Parish, City Clerk,
\mo\City Block Public Facilities Project Funding & Reimbursement 6-2022
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly qualified and acting City
Clerk of City of Paducah, Kentucky, and as such City Clerk, I further certify that the
foregoing is a true, correct, and complete copy of Municipal Order duly
enacted by the Board of Commissioners of the City at a duly convened meeting held on
, on the same occasion signed by the Mayor as evidence of his approval,
and now in full force and effect, all as appears from the official records of the City in my
possession and under my control.
Witness my hand as City Clerk of the City as of
Lindsay Parish
City Clerk
NOTICE TO PROCEED WITH CONSTRUCTION
June 28, 2022
Project: City Block Public Facilities
You are hereby notified to execute contract with Ray Black & Son, INC. in the amount of $3,444,336.00 on
behalf of the City of Paducah to commence work in accordance with the Development Agreement dated
August 12, 2020 within ninety (90) days of transfer of property from the City of Paducah. You are to
complete the work within an eighteen (18) month period from August 1St, 2022. The date of completion
of all work is therefore January 31, 2024.
A notice of Start of Construction and all required pre -construction documents must be submitted to the
City of Paducah no later than four (4) weeks prior to construction of work.
Sincerely,
George P. Bray
Title:
ACCEPTANCE OF NOTICE
Acknowledged by:
Weyland Ventures Development, LLC.
BY:
Signature
Title
Date
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Zoning Text Amendments - J SOMMER
Category: Ordinance
Staff Work By: Nicholas Hutchison, Josh Sommer
Presentation By: Josh Sommer
Background Information: On May 5, 2022; the Paducah Planning Commission forwarded a favorable
recommendation to change the zoning text of several sections of the Paducah Zoning Ordinance as contained
herein.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Beautification; Community Growth; Improve Operational
Efficiencies; Downtown; Protecting Key Historical & Cultural Resources
Communications Plan: Public hearing held May 5, 2022. Was duly advertised in accordance
with Kentucky State Law.
Funds Available: Account Name:
Account Number:
Staff Recommendation: Staff recommends approval
Attachments:
1. ORD 126 Zoning Text Amendment — Landscape, Mobile Food, Zoning 2022
2. Signed Resolution (9)
TEXT AMENDMENT
PADUCAH CITY COMMISSION
CASE NO.
TXT2022-0002
TITLES
126-73 Home occupations, 126-83 Landscape regulations, 126-87 Mobile Food Vehicles
and Food Tents; 126-108 Downtown Business Townlift Zone, B -2-T; 126-115 Historical
Zones, H-1 and H-2
DESCRIPTION
Text change to provide for:
• Staff approval of certain home occupations.
• Greater tree canopy protections for proposed new developments.
• Revise Mobile Food Vehicles to reflect changes adopted by the National Fire
Prevention Association. The Fire Prevention Department requested this change.
• Allow hotel/ motels rooms, short term rental rooms and bed & breakfast rooms to
be allowed above, below or in the rear 1/3 of the ground floor in the Downtown
Business Townlift Zone (B -2-T) to protect street character and vitality.
• Allow hotel/ motels rooms, short term rental rooms and bed & breakfast rooms to
be allowed above, below or in the rear 1/3 of the ground floor in the Historic
Commercial Zone H-1 to protect street character and vitality.
PROCEDURAL NOTE
Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing,
pursuant to KRS 100.211 (2). The Planning Commission has forwarded a positive recommendation to
the City Commission for the adoption of the following text amendments on May 5, 2022.
CONSIDERATIONS
Frequently Planning staff receives inquiries from residents who would like to operate a home occupation
that does not require signage or customers that come to the residence. The City of Hopkinsville has
adopted staff approval for certain home occupations that meet certain parameters. Staff would like to
replicate parameters for staff approval, listed in subsection (4). This would save a petitioner at least three
weeks in application processing and make it easier to obtain a business license. The parameters proposed
would not change the character of the residential use.
The current landscaping regulations state existing trees should be preserved where possible on proposed
new sites to be developed. However, it does not describe a tree protection zone that should be established.
The proposed new text amendment defines how to protect trees, how they should be inventoried and
revises the size trees should be when planted, depending on if they are shade trees, ornamental trees or
multi -stemmed trees. Further, a screen shall be required between business or industrial uses placed next
to residential land uses, irrespective of zone, in order to protect view -sheds and property values.
A revision is proposed to mobile food vehicles to follow all aspects of the National Fire Protection
Association (NFPA) as amended. The Fire Prevention Department requested this revision.
STAFF REPORT (continued)
page 2 of 10
As currently written, the Downtown Business Townlift Zone does not list hotels, motels and bed &
breakfasts as principal uses. This proposed text amendment would allow them specifically. Further, in
order to maintain an active streetscape, staff is proposing hotel & motel rooms, short-term rental unit
rooms and bed & breakfasts rooms to be located above, below or in the rear 1/3 of the ground floor.
Lobbies, workout areas, associated restaurants and other commercial uses associated with these type of
land uses would still be permitted on the ground floor. However, rooms in themselves do not generate an
active street life, which is historically typical of the B -2-T Zone.
In order to maintain an active streetscape in the H-1 Historic Commercial Zone, primarily around the
Market House, staff is proposing hotel & motel rooms, short-term rental unit rooms and bed & breakfasts
rooms to be located above, below or in the rear 1/3 of the ground floor. Lobbies, workout areas, associated
restaurants and other commercial uses associated with these type of land uses would still be permitted on
the ground floor. However, rooms in themselves do not generate an active street life, which is historically
typical of the H-1 Zone.
TEXT AMENDMENT
The proposed amendments are as follows:
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance with the
following regulations.
(1) Nature of use. Home occupations may include the office or studio in the residence of the
following:
a. Doctor;
b. Dentist;
C. Artist;
d. Lawyer;
e. Engineer;
f. Antique shop Tailor;
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor;
i. Insurance agent;
j. Dressmaker-;
1- Other similar uses except a barbershop, beauty shop, tearoom; or animal hospital (see
definition of home occupation, section 126-3).
(2) Use restrictions. The following restrictions shall be placed on the above home occupations:
a. Must be conducted exclusively by the resident and no more than one (1) employee.
b. Not more than one-fourth (1/4) of one (1) floor of the residence shall be used.
C. Alterations and construction shall be allowed, provided that the external character and
appearance of the building remains unchanged and the requirements of this article are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and shall be
attached flat against the dwelling.
STAFF REPORT (continued)
page 3 of 10
(3) Conditions. The Board of Adjustment may attach conditions to its approval which are necessary
to preserve the character of the district in which the proposed use will be located.
(4) Staff approval. Staff mayapprove home occupations when the proposed home occupation meets
the following provisions:
a. No employees who do not reside at the residence.
b. No storage of stock or goods.
c. No customers may come to the residence.
d. No signage on the property.
e. Home occupation must be clearly incidental and subordinate to the residential use.
f. Property owner must register their name and address with the Department of Planning.
g. Business owner must obtain a business license.
Sec. 126-83 Landscape regulations,
(A) Purpose.
(B) Landscape review procedure.
(C) General requirements.
1. All landscaping materials shall be installed in a sound manner, and according to accepted
good construction and planting procedures. Any landscape material, which fails to meet the
minimum requirements of this article at the time of installation, shall be removed and
replaced with acceptable materials. The per-soo io e4a+ge of A -r toe property
whetheF as owner, lessee, tenant; or occupant ^r ethe .A4se, shall be responsible for the
continued proper maintenance of all landscaping materials and shall keep them in a proper,
neat, and orderly appearance free from refuse, debris, noxious weeds and unwanted grass at
all times. All unhealthy or dead plant material shall be replaced within four (4) months or by
the next fall or spring planting season, whichever comes first; while other-. Other defective
landscape material shall be replaced or repaired within two (2) months. Plant material shall
not be severely pruned such that the natural growth pattern or characteristic form is
significantly altered. Topping or heading back trees, as defined by the International Society
of Arboriculture, is prohibited. The severe cutting of limbs to stubs larger than three (3)
inches in diameter is prohibited. Utility companies are exempt from this requirement.
2. Paducah, Kentucky is located within the USDA Plant Hardiness Zone 46 7a.
3. Existing trees shall be: pr-esefved where ^ sibk
a. Preserved where possible as determined by the Zoning Administrator or designee.
b. Inventoried on properties proposed for new development to include:
1. All trees greater than or equal to four (4) inches in diameter at breast height (dbh),
2. Trees growing immediately adjacent to and/ or over the property from adjacent
properties,
3. Trees in public Rights-of-way immediately adjacent to the property,
4. Tree dripline/extent of tree canopy shall be shown on site plans,
5. Tree protection zone (TPZ) shall be established, at a minimum, to the extent of the
drip line of trees to be preserved.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
STAFF REPORT (continued)
page 4 of 10
5. Sight triangles: See section "� 126-65.
6. Trees larger in diameter (dbh) than fifteen (15) inches shall be considered "Significant" and
shall be preserved intact without damage, unless approval is given for removal by the Zoning
Administrator or designee.
a. A TPZ shall be determined and remain undisturbed throughout the extent of construction.
b. Trees larger than thirty (30) inches in diameter (dbh) shall be considered "Historic" and
shall be labeled as such on submitted site plans.
7. Tree protection fencing shall be established around the limits of the TPZ, typically the extent
of the tree drinline.
8. Proposed trees shall be selected from a list of approved trees. Deviations from the approved
list shall be submitted to the Department of Planning for approval prior to acceptance.
9. Trees or other plant materials identified on a list of Unacceptable Trees & Plant Materials
shall not be selected or installed on any development.
10. Trees and understory vegetation shall only be approved as selected from the approved list of
trees for utili " trees.
Tree Protection Zone Notes:
1. Provide 4'+ tall chainlink "Tree
Protection Zone" (TPZ) fencing as
shown on Tree Protection Plan or
this detail, whichever is more
stringent, typ. 10' Diameter,
minimum.
2. Access within TPZ is to be prohibited
to foot traffic only unless additional
measures have been taken under
the guidance of the Project
Landscape Architect or Engineer.
3. Storage of equipment or materials
shall be prohibited.
4. Driving, parking, and servicing of
equipment and vehicles shall be
Strictly prohibited.
5. Chemical storage, mobile restrooms,
trailers, storage containers ("Conex"
boxes) and the like shall be
prohibited.
6. Storage of topsoil, excavated soils,
stone. sand, rock and the like shall
be prohibited.
LEGEND:
DBH = Diameter at Breast Heigh[ (4.5 -feel)
TPZ = Tree Protection Zone
"Tree Protection Zone", (10'4' Diameter Min.)
TREE PROTECTION FENCING SIZING IN CONSTRUCTION ZONE
STAFF REPORT (continued)
page 5 of 10
(D) Landscaping.
1. All parking lots of more than four (4) parking spaces shall include planted trees in accordance
with schedule 1, below:
Schedule 1
1 to 4 spaces
No trees required
5 to 30
1 tree for each 6 spaces or fraction
spaces
thereof up to 30 spaces
31 to 100
5 trees for the first 30 spaces, plus 1 tree
spaces
for each additional 7 spaces or
fraction thereof
101 to 196
15 trees for the first 100 spaces, plus 1
spaces
tree for each additional 8 spaces or
fraction thereof
197 to 304
27 trees for the first 196 spaces, plus 1
spaces
tree for each additional 9 spaces or
fraction thereof
305 to 504
39 trees for the first 305 spaces, plus I
spaces
tree for each additional 10 spaces or
fraction thereof
505 or more
59 trees for the first 505 spaces, plus 1
spaces
tree for each additional 11 spaces or
fraction thereof
2. Shade/ canoe trees rees Trees shall be at least one two and one-half inches 2 1/z" in
diameter at a point si* twelve inches (624 LM above the ground when planted, ornamental/
understory trees shall be at least one and three-fourths inches (1 3/4") in diameter at the point
twelve inches (12") above ground when planted and approved multi -stemmed trees shall be a
minimum of seven feet (7') tall. tree type shall be approved by the Zoning ^ ,af, inistfateF anA
All trees shall be protected from potential damage by vehicles. Thirty (30) percent of required
trees shall be placed within the perimeter of the actual parking surface area in those parking
lots of over twenty (20) spaces, spaced not closer together than twenty (20) feet.
3. Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees, shrubs,
flowers or other living matter and shall be provided for vehicular use areas in accordance with
the following standards:
i. A minimum of five (5) percent of the total VUA shall be landscaped and the landscaping
shall be dispersed throughout the paved area. The VUA landscaping shall only be required
for uses that have more than twenty (20) parking spaces. This seer o shall not .,pp"
ii. The VUA landscaping shall contain a variety of trees and be dispersed in the form of
planting islands or peninsulas throughout the VUA. Tho size of P'*i —
shall be eighty 4�,� et. The minimum size of a planting island or peninsula
STAFF REPORT (continued)
page 6 of 10
containing a tree(s) within the VUA shall be two hundred (200) square feet with minimum
dimensions of ten feet (10') by twept, feet (20') or a minimum of eight(80) square feet
if a tree is not proposed.
iii. No more than one (1) tree shall be planted per two hundred (200)square feet of islands or
peninsulas.
iv. Planting islands within the VUA shall be required at the end of every other parking row,
when parking rows are provided in the interior portions of the parking lot. (Illustration 91)
Illustration 91
1. All planting islands shall be planted with grass, low ground cover, shrubs, flowers;
or any combination of these. Hard surfaces or gravel are not permitted in lieu of
plant materials.
2. All planting islands shall have a minimum of six (6) inch curbs installed to protect
the planting area from vehicular traffic.
3. All plant material (other than grass; or ground cover) located within landscape
islands where vehicle overhangs are needed shall be setback a minimum of two (2)
feet, six (6) inches from the edge of pavement or the face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of freestanding
signs. The landscaping shall be ornamental in nature with shrubs, flowers and other
ornamental plant materials. Sign landscaping is not required for freestanding signs
permitted before the adoption of this article. The amount of landscape area required
shall be one (1) square foot of landscape area per one (1) square foot of sign area.
At least fifty (50) percent of the required landscaping area shall be planted with
trees and/or shrubs.
5. Building landscaping. Any blank fagade, or portion of a fagade, of a building that
is not used for outdoor display, storage or loading/unloading shall be required to
provide the following landscaping if the wall is visible from a public right-of-way.
Blank facades shall bei defined as any wall that does not have windows
used for display or entry doors for employees or the general public. Buildings,
which are ten thousand (10,000) square feet or smaller, shall be exempts from
the requirements of this section.
i. Trees shall be provided on an average of at least one (1) tree per forty (40)
linear feet of blank facade as defined above and shrubs shall be provided on an
average of at least one (1) shrub per ten (10) linear feet of blank facade. This
landscaping is not required to be placed in a linear design, but shall be required
to be dispersed throughout the length of the building fagade.
ii. Fagades that abut VUAs shall have a minimum eight (8) feet wide planting
area. This planting area can be reduced by four (4) feet if sidewalks are
installed.
(E) Screening requirements. The necessity of ser-eening and d+e type of screening required varies
greatly with each particular situation. Therefore, it is the intent of this section to provide a
STAFF REPORT (continued)
page 7 of 10
discretionary measure in deciding the appropriate height, width and type of screening necessary,
with the following provisions:
4- b>4eig4t 4H44s.b
1. Where a business zone abuts a City or County residential zone, a screen w41 shall be
required along the boundary of the business property adjacent to the residential property.
4- 2. Where an industrial zone abuts a City of County residential zone, a screen wi4 shall be
required along the boundary of the industrial property adjacent to the residential property.
E
Fe"iFedaleft. the beti,,.1afy .f the adja ent residential
4- 3. Where on any lot, or portion thereof,; automobiles, appliances and their
component parts are under repair or reduction, a screen shall be required.
4. Off-street parking lots shall be screened when located adjacent to or in a
residential zone.
5. Mobile home parks shall provide a screen along their property lines as required
by section til 60 (5) (b) 126-69 (5).
4 6. Commercial or industrial businesses shall provide a screen between the
commercial or industrial business and any residential use located adjacent to it,
irrespective of zone.
7. Fences in a residential zone, which may be placed along a boundary for the
purpose of providing privacy or security to the resident, shall follow the following
height limitations: (Illustration 92)
i. Front yard: Four (4) feet. Fences shall be of a decorative design,
(E4ai+ili chain-link, barbed wire, stock wire, chicken wire and
similar type fences are not permitted in the front yard).
ii. Side yard: Six (6) feet.
iii. Rear yard: Eight (8) feet.
(24 a. For the purpose of this section, the term "fence" shall be interpreted to include any type of
fence, wall, trellis or structure placed for the purpose of this section.
(-3} b. All fences shall be constructed of durable materials and shall be installed to withstand the
elements. Fences shall be maintained in good repair at all times.
(4} c. Uses specified above as requiring screening shall provide a visual obstruction from adjacent
properties in conformance with the following standards:
(1) The screen may be composed of view -obscuring vegetation, wall, fence; or berm.
Illustration #2
STAFF REPORT (continued)
page 8 of 10
(2) The items may be used individually or in combination. Fences constructed of e#aifili�
chain-link, barbed wire, stock wire, chicken wire or other similar type fences are not
permitted when used for screening.
(3) The result shall be a semi-opaque eighty (80) percent screen, which obscures views from
the ground to a height of the object being screened; however, the screen is not required to
exceed eight (8) feet.
(4) Plant materials shall be at least two (2) feet tall at the time of installation and reach the
desired height within three (3) to five (5) years.
(5) When a combination of features is proposed, one-fourth (1/4) of the surface area of -a walls,
fences or berms that face off-site must be covered with plant material within three (3) to
five (5) years.
(6) Additionally, ser-ee Screening areas shall be sufficient to allow for the mature growth of
plant materials when used.
(7) ,
8. A developer shall submit a site plan to the Planning and Zoning
Administrator and City En .: moo, and shall show the proposed type of screening to be located
along the boundary of the developer's property.
(F) Enforcement.
1. Inspections will be conducted by the Git-y pla+ ffiog eff4w Department of Planning after
the installation of landscaping to ensure compliance with the submitted and approved site
plan.
2. The removal or destruction of landscape material previously approved by the City shall
constitute a violation of this chapter. Replacement of landscape material shall be of like
size as that which was removed or destroyed.
3. Violation of this article shall be grounds for the refusal of a certificate of occupancy,
require replacement of landscape material; and/or will subject those in violation to the
established fines and penalties of this chapter.
(G) Waiver of requirements. The Planning Commission shall have the authority to grant a waiver of any
of the requirements in this section upon written request, which outlines the rationale for the
waiver. The Planning Commission shall review each written request and grant a waiver only:
a. under unusual or extreme circumstances which cause an unreasonable hardship such as the size
of the lot_
b. when an innovative or alternative approach can be made which still meets the intent and purpose
of this section.
Sec. 126-87. Mobile Food Vehicles and Food Tents.
(a) Purpose and intent.
(b) Definitions.
(c) Exemptions.
STAFF REPORT (continued)
page 9 of 10
(d) Zoning locations.
(e) Location and hours.
(f) Self-contained units and appurtenances.
(g) Garbage disposal.
(h) Serving articles and alcoholic beverages.
(i) Special events. Mobile Food Vehicles are prohibited from vending two thousand, five hundred
(2,500) feet from special event permitted areas; including, but not limited to, Barbeque on the
River and Quilt Week unless the Mobile Food Vehicle is permitted by the City; the City Parks
Services Department and/or the permit holder responsible for the special event. Viet
Guidelines f6r- Speeial Events and Mobile Food Vehieles" ffmst be obtained ffem the Pa"e-
nro Di414-qiA:R :nd o4orote Mobile Food Vehicles shall comply with all
aspects of applicable provisions of the National Fire Protection Association (NFPA, Code 1 2018
Edition), Chapter 50 (Commercial Cooking), and any future amendments thereto adopted by the
NFPA, unless specifically omitted by amendment to this article.
(j) Noise.
(k) Application and permitting.
(1) Food Tents.
Sec. 126-108. Downtown Business Townliff Zone, B -2-T.
The purpose of this zone is to encourage the development, redevelopment and the preservation of the
City's Townlift area.
(1) Principal permitted uses.
a. Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organizations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
£ Radio and TV stations;
g. Residential dwelling units;
h. Restaurant/bakery/pub (no drive through permitted);
i. Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Hotels/ motels
1. Bed & breakfasts
k m. Any other similar use which, in the Commission's opinion, would not impair the business
character of the downtown area.
(2) Minimum area and yard requirements. None.
(3) Maximum building height. None.
(4) Parking requirements.
(5) Minimum sight distance.
STAFF REPORT (continued)
page 10 of 10
(6) Ground floor use. The ground floor of all structures in the B -2-T Zone shall be a permitted use
as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term rental
rooms or bed & breakfast rooms may be permitted on any floor above or below the ground floor.
Residential uses, hotel/ motel rooms, short-term rental rooms or bed & breakfast rooms may also
be leeE�Ied permitted in the rear one-third (1/3) of the ground floor.
Sec. 126-11S. Historical Zones, H-1 and H-2.
(a) Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is to
encourage the development, redevelopment and the preservation of the City's historic commercial
area.
(1) Principal permitted uses.
(2) Minimum yard requirements.
(3) Minimum area requirements.
(4) Maximum building height.
(5) Parking requirements.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted use as
defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term rental rooms
or bed & breakfast rooms may be permitted on any floor above or below the ground floor.
Residential uses, hotel/ motel rooms, short-term rental rooms or bed & breakfast rooms may also
be 1eeated permitted in the rear one-third (1/3) of the ground floor.
STAFF RECOMMENDATION
Based upon the positive recommendation from the Planning Commission, staff recommends the City
Commission adopt the zoning text amendments contained herein.
ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on May 5, 2022 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Chapter
126 of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends the following sections
of the Paducah Code of Ordinances as follows:
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance with the
following regulations.
(1) Nature of use. Home occupations may include the office or studio in the residence of the
following:
a. Doctor;
b. Dentist;
c. Artist;
d. Lawyer;
e. Engineer;
f. [ ] Tailor;
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor;
i. Insurance agent;
j. [Dr-essmak]
k-. Other similar uses except a barbershop, beauty shop, tearoom; or animal hospital
(see definition of home occupation, section 126-3).
(2) Use restrictions. The following restrictions shall be placed on the above home
occupations:
a. Must be conducted exclusively by the resident and no more than one (1)
employee.
b. Not more than one-fourth (1/4) of one (1) floor of the residence shall be used.
c. Alterations and construction shall be allowed, provided that the external character
and appearance of the building remains unchanged and the requirements of this article
are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and
shall be attached flat against the dwelling.
(3) Conditions. The Board of Adjustment may attach conditions to its approval which are
necessary to preserve the character of the district in which the proposed use will be located.
(4) Staff approval. Staff may approve home occupations when the proposed home
occupation meets the following provisions:
a. No employees who do not reside at the residence.
b. No storage of stock orog ods.
c. No customers may come to the residence.
d. No signage on the property.
e. Home occupation must be clearly incidental and subordinate to the residential use.
f. Property owner must register their name and address with the Department of
Planning.
g. Business owner must obtain a business license.
Sec. 126-83 Landscape regulations_
(A) Purpose.
(B) Landscape review procedure.
(C) General requirements.
All landscaping materials shall be installed in a sound manner, and according to
accepted good construction and planting procedures. Any landscape material, which
fails to meet the minimum requirements of this article at the time of installation, shall
be removed and replaced with acceptable materials. The hafge of or in
p P ["o
eentre! of, the epei4y whether- as] owner, lessee, tenant[; ] or occupant [Of
e,] shall be responsible for the continued proper maintenance of all
landscaping materials and shall keep them in a proper, neat, and orderly appearance
free from refuse, debris, noxious weeds and unwanted grass at all times. All unhealthy
or dead plant material shall be replaced within four (4) months or by the next fall or
spring planting season, whichever comes first[; while other-] . Other defective
landscape material shall be replaced or repaired within two (2) months. Plant material
shall not be severely pruned such that the natural growth pattern or characteristic form
is significantly altered. Topping or heading back trees, as defined by the International
Society of Arboriculture, is prohibited. The severe cutting of limbs to stubs larger
than three (3) inches in diameter is prohibited. Utility companies are exempt from this
requirement.
2. Paducah, Kentucky is located within the USDA Plant Hardiness Zone [46] 7a.
Existing trees shall be: [pr-esefved where „ siWe ]
a. Preserved where possible as determined by the Zoning Administrator or
designee.
b. Inventoried on properties proposed for new development to include:
1. All trees greater than or equal to four (4) inches in diameter at breast height
d( bh),
2. Treesrg owing immediately adjacent to and/ or over the property from
adjacent properties,
3. Trees in public Rights-of-way immediately adjacent to the property,
4. Tree dripline/extent of tree canopy shall be shown on site plans,
5. Tree protection zone (TPZ) shall be established, at a minimum, to the extent
of the drip line of trees to be preserved.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
5. Sight triangles: See section [126 66] 126-65.
6. Trees larger in diameter (dbh) than fifteen (15) inches shall be considered "Significant"
and shall be preserved intact without damage, unless approval is given for removal by
the Zoning Administrator or designee.
a. A TPZ shall be determined and remain undisturbed throughout the extent of
construction.
b. Trees larger than thirty (30) inches in diameter (dbh) shall be considered "Historic"
and shall be labeled as such on submitted site plans.
7. Tree protection fencing shall be established around the limits of the TPZ, typically the
extent of the tree dripline.
8. Proposed trees shall be selected from a list of approved trees. Deviations from the
approved list shall be submitted to the Department of Planning for approval prior to
acceptance.
9. Trees or other plant materials identified on a list of Unacceptable Trees & Plant
Materials shall not be selected or installed on any development.
10. Trees and understory vegetation shall only be gpproved as selected from the approved
list of trees for utili . trees.
Tree Protection Zone Notes:
1. Provide 4'+ tall chainlink "Tree
Protection Zone" (TPZ) fencing as
shown on Tree Protection Plan or
this detail, whichever is more
stringent, typ. 10' Diameter,
minimum.
2. Access within TPZ is to be prohibited
to foot traffic only unless additional
measures have been taken under
the guidance of the Project
Landscape Architect or Engineer.
3. Storage of equipment or materials
shall be prohibited.
4. Driving, parking, and servicing of
equipment and vehicles shall be
strictly prohibited.
5. Chemical storage, mobile restroom!.
trailers, storage containers ("Conex'
boxes) and the like shall be
prohibited.
6. Storage of topsoil, excavated soils,
stone, sand, rock and the like shall
be prohibited.
I�
m
LEGEND:
DBH = Diameter at Breast Height (4.5 -feet)
TPZ = Tree Protection Zone
KEEP OUT
'Tree Protection Zone", (10'-0'Diameter
TREE PROTECTION FENCING SIZING IN CONSTRUCTION ZONE
Not to Scale
(D) Landscaping.
k
Ib
rn
Im
All parking lots of more than four (4) parking spaces shall include planted trees in
accordance with schedule 1, below:
Schedule 1
1 to 4 spaces
No trees required
5 to 30
1 tree for each 6 spaces or fraction
spaces
thereof up to 30 spaces
31 to 100
5 trees for the first 30 spaces, plus 1 tree
spaces
for each additional 7 spaces or
fraction thereof
101 to 196
15 trees for the first 100 spaces, plus 1
spaces
tree for each additional 8 spaces or
fraction thereof
197 to 304
27 trees for the first 196 spaces, plus 1
spaces
tree for each additional 9 spaces or
fraction thereof
305 to 504
39 trees for the first 305 spaces, plus 1
spaces
tree for each additional 10 spaces or
fraction thereof
505 or more
59 trees for the first 505 spaces, plus 1
spaces
tree for each additional 11 spaces or
fraction thereof
2. Shade/ canopy trees [Trees] shall be at least [ene] two and one-half inches [ 1/2")]
(21/2") in diameter at a point [six] twelve inches [ " ] 12" above the ground when
planted, ornamental/ understory trees shall be at least one and three-fourths inches (1
3/4") in diameter at the point twelve inches (12") above ground when planted and
aDDroved multi -stemmed trees shall be a minimum of seven feet (7') tall. fie
shall be appfe-,�ed by the Zeiiiiig Admiiiistfa+er- ] All trees shall be protected from
potential damage by vehicles. Thirty (30) percent of required trees shall be placed
within the perimeter of the actual parking surface area in those parking lots of over
twenty (20) spaces, spaced not closer together than twenty (20) feet.
3. Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees,
shrubs, flowers or other living matter and shall be provided for vehicular use areas in
accordance with the following standards:
i. A minimum of five (5) percent of the total VUA shall be landscaped and the
landscaping shall be dispersed throughout the paved area. The VUA landscaping
shall only be required for uses that have more than twenty (20) parking spaces.
[This seetion shall not apply to paFking lots that are used for- the sole pufpose e
selling .ehieles.]
ii. The VUA landscaping shall contain a variety of trees and be dispersed in the form
of planting islands or peninsulas throughout the VUA. [The minim -UM size of
] The minimum size of a planting
island or peninsula containing a tree(s) within the VUA shall be two hundred (200)
square feet with minimum dimensions of ten feet (10') by twenty feet 20') or a
minimum of eighty(80) square feet if a tree is not proposed.
iii. No more than one (1) tree shall be planted Der two hundred (200) sauare feet of
islands or peninsulas.
iv. Planting islands within the VUA shall be required at the end of every other parking
row, when parking rows are provided in the interior portions of the parking lot.
(Illustration # 1)
Illustration #1
Vehicle Use Area
iWWIM WW
KE
Planting Islands
1. All planting islands shall be planted with grass, low ground cover, shrubs,
flowers[;] or any combination of these. Hard surfaces or gravel are not
permitted in lieu of plant materials.
2. All planting islands shall have a minimum of six (6) inch curbs installed to
protect the planting area from vehicular traffic.
3. All plant material (other than grass; or ground cover) located within
landscape islands where vehicle overhangs are needed shall be setback a
minimum of two (2) feet, six (6) inches from the edge of pavement or the
face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of
freestanding signs. The landscaping shall be ornamental in nature with
shrubs, flowers and other ornamental plant materials. Sign landscaping is
not required for freestanding signs permitted before the adoption of this
article. The amount of landscape area required shall be one (1) square foot
of landscape area per one (1) square foot of sign area. At least fifty (50)
percent of the required landscaping area shall be planted with trees and/or
shrubs.
5. Building landscaping. Any blank facade, or portion of a fagade, of a
building that is not used for outdoor display, storage or loading/unloading
shall be required to provide the following landscaping if the wall is visible
from a public right-of-way. Blank facades shall be [elassifie defined as
any wall that does not have windows used for display or entry doors for
employees or the general public. Buildings, which are ten thousand
(10,000) square feet or smaller, shall be exempt[] from the
requirements of this section.
i. Trees shall be provided on an average of at least one (1) tree per forty
(40) linear feet of blank facade as defined above and shrubs shall be
provided on an average of at least one (1) shrub per ten (10) linear feet
of blank facade. This landscaping is not required to be placed in a linear
design, but shall be required to be dispersed throughout the length of
the building facade.
ii. Fagades that abut VUAs shall have a minimum eight (8) feet wide
planting area. This planting area can be reduced by four (4) feet if
sidewalks are installed.
(E) Screening requirements. The necessity [of ser-eeiiiiig] and [the] type of screening required
varies greatly with each particular situation. Therefore, it is the intent of this section to
provide a discretionary measure in deciding the appropriate height, width and type of
screening necessary, with the following provisions:
(4) [ ;
in the folio *S--41
1. Where a business zone abuts a City or County residential zone, a screen [will]
shall be required along the boundary of the business property adjacent to the
residential property.
1} 2. Where an industrial zone abuts a City of County residential zone, a screen [will]
shall be required along the boundary of the industrial property adjacent to the
residential property.
e— ......
3. Where on any lot, or portion thereof,; automobiles, appliances and their
component parts are under repair or reduction, a screen shall be required.
4. Off-street parking lots shall be screened when located adjacent to or in a
residential zone.
3- 5. Mobile home parks shall provide a screen along their property lines as
required by section [62 60 «' (b)] 126-69 (5).
4 6. Commercial or industrial businesses shall provide a screen between the
commercial or industrial business and any residential use located adjacent to
it, irrespective of zone.
5- 7. Fences in a residential zone, which may be placed along a boundary for
the purpose of providing privacy or security to the resident, shall follow the
following height limitations: (Illustration 92)
i. Front yard: Four (4) feet. Fences shall be of a decorative
design[,] ([ehainh chain-link, barbed wire, stock wire,
chicken wire and similar type fences are not permitted in the
front yard).
ii. Side yard: Six (6) feet.
iii. Rear yard: Eight (8) feet.
Illustration #2
rence nmgne Kequ¢emenes - i
Street
(-2) a. For the purpose of this section, the term "fence" shall be interpreted to include any
type of fence, wall, trellis or structure placed for the purpose of this section.
{} b. All fences shall be constructed of durable materials and shall be installed to
withstand the elements. Fences shall be maintained in good repair at all times.
(4) c. Uses specified above as requiring screening shall provide a visual obstruction from
adjacent properties in conformance with the following standards:
(1) The screen may be composed of view -obscuring vegetation, wall, fence[; ] or berm.
(2) The items may be used individually or in combination. Fences constructed of
[ehainh ] chain-link, barbed wire, stock wire, chicken wire or other similar type
fences are not permitted when used for screening.
(3) The result shall be a semi-opaque eighty (80) percent screen, which obscures views
from the ground to a height of the object being screened; however, the screen is
not required to exceed eight (8) feet.
(4) Plant materials shall be at least two (2) feet tall at the time of installation and reach
the desired height within three (3) to five (5) years.
(5) When a combination of features is proposed, one-fourth (1/4) of the surface area
of a walls, fences or berms that face off-site must be covered with plant material
within three (3) to five (5) years.
(6) [Additionally, dditionally, ~] Screening areas shall be sufficient to allow for the mature
growth of plant materials when used.
(7) [
lbws. The] 8. A developer shall submit [the developer's p! ] a site plan to the
Planning and Zoning Administrator [and Git-y Engine f] and shall show the proposed
type of screening to be located along the boundary of the developer's property.
(F) Enforcement.
1. Inspections will be conducted by the [G4y „'a„ ling o ffiee] Department of
Planning after the installation of landscaping to ensure compliance with the
submitted and approved site plan.
2. The removal or destruction of landscape material previously approved by the City
shall constitute a violation of this chapter. Replacement of landscape material shall
be of like size as that which was removed or destroyed.
3. Violation of this article shall be grounds for the refusal of a certificate of
occupancy, require replacement of landscape material; and/or will subject those in
violation to the established fines and penalties of this chapter.
(G) Waiver of requirements. The Planning Commission shall have the authority to grant a waiver
of any of the requirements in this section upon written request, which outlines the rationale
for the waiver. The Planning Commission shall review each written request and grant a
waiver only:
a. under unusual or extreme circumstances which cause an unreasonable hardship such as
the size of the lot_[ ]
b. when an innovative or alternative approach can be made which still meets the intent and
purpose of this section.
Sec. 126-87. Mobile Food Vehicles and Food Tents.
(a) Purpose and intent.
(b) Definitions.
(c) Exemptions.
(d) Zoning locations.
(e) Location and hours.
(f) Self-contained units and appurtenances.
(g) Garbage disposal.
(h) Serving articles and alcoholic beverages.
(i) Special events. Mobile Food Vehicles are prohibited from vending two thousand, five
hundred (2,500) feet from special event permitted areas; including, but not limited to,
Barbeque on the River and Quilt Week unless the Mobile Food Vehicle is permitted by
the City; the City Parks Services Department and/or the permit holder responsible for the
special event. [The "Sa=mac Guidelines for- oFeeial Events and wobble Food Vehi s"
n+ust be obtained 4ofn the Pa"eah Fire Prevention Division and followed ]
Mobile Food Vehicles shall comply with all aspects of applicable provisions of the
National Fire Protection Association (NFPA) Code 1 (2018 Edition), Chapter 50
(Commercial Cooking), and any future amendments thereto adopted by the NFPA, unless
specifically omitted by amendment to this article.
(j) Noise.
(k) Application and permitting.
(1) Food Tents.
Sec. 126-108. Downtown Business Townliff Zone, B -2-T.
The purpose of this zone is to encourage the development, redevelopment and the preservation of
the City's Townlift area.
(1) Principal permitted uses.
a. Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organizations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
f. Radio and TV stations;
g. Residential dwelling units;
h. Restaurant/bakery/pub (no drive through permitted);
i. Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Hotels/ motels
1. Bed & breakfasts
k m. Any other similar use which, in the Commission's opinion, would not impair the
business character of the downtown area.
(2) Minimum area and yard requirements. None.
(3) Maximum building height. None.
(4) Parking requirements.
(5) Minimum sight distance.
(6) Ground floor use. The ground floor of all structures in the B -2-T Zone shall be a permitted
use as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term
rental rooms or bed & breakfast rooms may be permitted on any floor above or below the
ground floor. Residential uses, hotel/ motel rooms, short-term rental rooms or bed &
breakfast rooms may also be [lee-atec ] permitted in the rear one-third (1/3) of the ground
floor.
Sec. 126-11S. Historical Zones, H-1 and H-2.
(a) Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is
to encourage the development, redevelopment and the preservation of the City's historic
commercial area.
(1) Principal permitted uses.
(2) Minimum yard requirements.
(3) Minimum area requirements.
(4) Maximum building height.
(5) Parking requirements.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted
use as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term
rental rooms or bed & breakfast rooms may be permitted on any floor above or below the
ground floor. Residential uses, hotel/ motel rooms, short-term rental rooms or bed &
breakfast rooms may also be [leeatec ] permitted in the rear one-third (1/3) of the ground
floor.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners,
Adopted by the Board of Commissioners,
Recorded by the City Clerk,
Published by The Paducah Sun,
ord\Plan\126 Zoning Text Amendment — Landscape, Mobile Food, Zoning 2022
A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING
CONMSSION ON THE PROPOSED ZONING TEXT AMENDMENT OF SECTION 126-73 HOME
OCCUPAHONS,• SECTION 126-83 LANDSCAPE REGULATIONS,• SECTION 126-87 MOBILE
FOOD VEHICLES AND FOOD TENTS; SECTION 126-108 DOWNTOWN BUSINESS TORWLIFT
ZONE, B -2-T AND SECTION 126-115 HISTORICAL ZONES, H-1 AND H-2 OF THE PADUCAH
ZONING ORDINANCE.
WHEREAS, any change to the text of the zoning code must be referred to the Paducah Planning Commission
before adoption and considered in accordance with KRS 100.211, and
WHEREAS, a public hearing was held on May 5, 2022 by the Planning Commission after advertisement pursuant
to law, and
WHEREAS, this Commission has duty considered said proposal and has heard and considered the objections and
suggestions of all interested parties who appeared at said hearing, and
WHEREAS, this Commission adopted a proposal to change the text of various sections of the City of Paducah
zoning ordinance as included herein.
NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION:
SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners of the
City of Paducah to revise the Paducah Zoning Ordinance as follows:
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance with the following
regulations.
(1) Nature of use. Home occupations may include the office or studio in the residence of the following:
a. Doctor,
b. Dentist;
c. Artist;
d.Lawyer;
e. Engineer,
f.Antique shag Tailor:
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor,
i. Insurance agent;
j. DEassz
k- Other similar uses except a barbershop, beauty shop, tearoom or animal hospital (see definition
of home occupation, section 126-3).
(2) Use restrictions. The following restrictions shall be placed on the above home occupations:
a. Must be conducted exclusively by the resident and no more than one (1) employee.
b. Not more than one-fourth (114) of one (1) floor of the residence shall be used.
c. Alterations and construction shall be allowed, provided that the external character and
appearance of the building remains unchanged and the requirements of this article are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and shall be
attached flat against the dwelling.
(3) Conditions. The Board. of Adjustment may attach conditions to its approval which are necessary to
preserve the character of the district in which the proposed use will be located.
(4) Staff approval staff gjU approve home occupations when the proWsed home occupation meets tae
following pmvisions•
a. No ernployms who do not Mile _at the residence.
b. No storage of stock or roods.
c. No customers may, come to the residence.
d. No signage on the urooerty.
e. Home occuvation must be clearly incidental and subordinate to the residential use.
f. Pnp a owner must rester their name and address with the Department of Planning.
g. Business owner must obtain g business license.
Sec.126-83 Landscape regulalbns�
(A) Plurpose.
(B) Landscape review procedure.
(C) General requirements.
All landscaping materials shall be installed in a sound manner and according to accepted good
construction and planting procedures. Any landscape material, which fails to meet the minimum
requirements of this article at the time of installation, shall be removed and replaced with acceptable
materials. The owner, lessee, tenant
occupant shall be responsible for the continued proper maintenance of all landscaping
materials and shall keep them in a proper, neat and orderly appearance free from refuse, debris,
noxious weeds and unwanted grass at all times. All unhealthy or dead plant material shall be
replaced within f nu (4) months or by the next planting season, whichever comes first
w�L�- . Other defective landscape material shall be replaced or repaired within two (2) months.
Plant material shall not be severely pruned such that the natural growth pattern or characteristic
form is significantly altered Topping trccs at SociCt
of Arboriculture, is prohibited The severe cutting of limbs to stubs larger than three (3) inches in
diameter is prohibited. Utility companies are exempt from this requirement.
2. Paducah, Kentucky is located within the USDA Plant Hardiness Zone 46 7a.
3. Existing trees shall be .
a.Preserved whereixissible as determined by the Lorins Administrator or desiynee.
b.lnventoried on Mperties proposed for new development to include:
1. All trees gm� @a vj than or Sgttgrl to four (4), inches in diameter at breast height i dbhl_
2. Trees growing immediately adjacent to and/ or over the property from adjacent
properties.
3. Trees in public Rights-of-way immediately adjacent to the property.
4. Tree driphadextent of tree canoyN- shall be shown on sit.- plans.
5. Tree protection zone (TPZ) shall be established, at a m m, to the extent of the drip
lir s to be preserved.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
5. Sight triangles: See section 126-66126-65.
6. i:r: r jdbh! than fifteen (15 1 inches shall be considered "Sicnificane and shall be
preserved intact without damage, unless approval is given for removal by the Zoning Administrator
or designee.
a. A TPZ shall be determined and remain undisturbed OrMd lout the extent of construction,
b. Trees_tacger than tKay-301 inches in diameter a dbhl shall be considered "Historic" and shall be
labeled as such on submitted site Plans.
7. Tree_2rutei_tion fencing shall be established around the limits of the TPZ. t%Tieally the extent of the
tree dripline.
8. ProIN5scd trM "be selected from a list of approved. trees. Deviations from the aegru%,cd list shall
be submitted to the Department of Planning for approval prior to acceptance.
9. Trees orof _grslant materials identified on a_list of Unorccptahle Trees &Plant Materials shall not
be selected or installed on an4 development.
10. Trees and understory vegetation shall only be approved as selected from the approved list of trees for
utility trees.
TNff PNOTECTM Fh]IeNO 111 1 M CONSTanenOM ZONE
(D) Landscaping.
1. All parking lots of more than four (4) parking spaces shall include planted trees in accordance with
schedule 1, below:
Schedule 1
1 to 4 spaces
No trees required
5 to 30 spaces
1 tree for each 6 spaces or fraction thereof
up to 30 spaces
31 to 100
5 trees for the first 30 spaces, plus 1 tree for
spaces
each additional 7 spaces or fraction
thereof
_
101 to 196
15 trees for the fust 100 spaces, plus 1 tree
spaces
for each additional 8 spaces or fraction
thereof
197 to 304
27 trees for the fust 196 spaces, plus 1 tree
spaces
for each additional 9 spaces or fraction
thereof
305 to 504
39 trees for the first 305 spaces, plus 1 tree
spaces
for each additional 10 spaces or fraction
thereof
505 or more
59 trees for the first 505 spaces, plus 1 tree
spaces
for each additional 11 spaces or fraction
thereof
2. Shade( canopy trees T -re shall be at least a two and one-half inches" 2j '�z'i in diameter at
a point mm twelve inches ((H j i� , above the ground when planted, ornamental/ understory trees
shall be at least one and three-fourtd., ...,es 0 %-i :;fie o,int twelve inches {12" )
above sm)und when Planted and approved multi -stemmed trees shall be emir ren feet (T
tall. 4Fee-t® ",, ' shall be protected from
potential damage by vehicles. Thirty (30) percent of required trees shall be placed within the
perimeter of the actual parking surface area in those parking lots of over twenty (20) spaces_spaced
not cl -jan twenty (20) feet.
3. Interior landscaping for vehicular use areas (V UAs). Landscaping ,hall include trees. shrubs, flowers
or otl" ter and shall be provided for vehicular use areas in accordance with the following
standards:
i. A minimum of five (5) percent of the total VUA shall be landscaped and the landscaping shall be
dispersed throughout the paved area. The VUA landscaping shall only be required for uses that
have more than twenty (20) parking spaces. This seetmm shall net apply to pedEffig lots that an
ii. The VUA landscaping shall contain a variety of trees and be dispersed in the form of planting
islands or peninsulas throughout the VUA
(89) sqHam The minimum size of a planting island or peninsula containing a trce(s) within
the VUA shall be two hundred .(200) square feet with minimum dimensio is of ten feet f 10' f by
twenty feet (20') or a minimum of eighty (80) square feet if a tree is not proposed
iii. NQ more than onet 11 tree shall be planted per two hundred 1200) sci u;� rc few of islands or
iv. Planting islands within the VUA shall be required at the end of every other parking row, when
parking rows are provided in the interior portions of the parking lot. (Illustration #1)
Illustration #1
1. All planting islands shall be planted with grass, low ground cover, shrubs, flowers or
any combination of these. bard surfaces or gravel are not permitted __ r
materials.
2. All planting islands shall have a mimmam of six (6) inch curbs installed to protect the
planting area from vehicular traffic.
3. All plant material (other than grass or ground cover) located within landscape islands
where vehicle overhangs are needed shall be setback a minimum of two (2) feet, six (6)
inches from the edge of pavement or the face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of freestanding signs.
Ile landscaping shall be ornamental in nature with shrubs, flowers and other ornamental
plant materials. Sign landscaping is not required for freestanding signs permitted before
the adoption of this article. The amount of landscape area required shall be one (1)
square foot of landscape area per one (1) square foot of sign area. At least fifty (50)
percent of the required landscaping area shall be planted with trees and/or shrubs.
5. Building landscaping. Any blank fagade or portion of a facade of a building that is not
used for outdoor display, storage or loadinglunloading shall be required to provide the
following landscaping if the wall is visible from a public right-of-way. Blank facades
shall be assi£ed defined as any wall that does not have windows used for display or
entry doors for employees or the general public. Buildings, which are ten thousand
(10,000) square feet or smaller shall be exempt the requirements of this
section.
i. Trees shall be provided on an average of at least one (1) tree per forty (40) linear feet
of blank fagade as defined above and shrubs shall be provided on an average of at
least one (1) shrub per ten (10) linear feet of blank facade. This landscaping is not
required to be placed in a linear design, but shall be required to be dispersed
throughout the length of the building facade.
ii. Fagades that abut VUAs shall have a minimum eight (8) feet wide planting area.
This planting area can be reduced by four (4) feet if sidewalks are installed
(E) Screening requirements. The necessity and type of screening required varies greatly with
each particular situation. Therefore, it is the intent of this section to provide a discretionary measure in
deciding the appropriate height, width and type of screening necessary, with the following provisions:
fellg sitrtao
a l Where a business zone abuts a City or County residential zone, a screen 44 shall be required
along the boundary of the business property adjacent to the residential property.
b. 2.Where an industrial zone abuts a City of County residential zone, a screen wig shall be
required along the boundary of the industrial property adjacent to the residential property.
3. Where on any lot, or portion thereof automobiles, appliances and their component
parts are under repair or reduction, a screen shall be required
;L Off4treet parking lots shall be screened when located adjacent to or in a residential
zone.
3 Mobile home parks shall provide a screen along their property lines as required by
section 0 126-69 L5).
4.¢,_ racial or industrial businesses shall ixiiavide a screen between the commercial or
industrial busir—, r-. °`' -"-'7'ir--nttoit. irrcnnrctive-`-_—
7. Fences in a residential zone, which may be placed along a boundary for the purpose of
providing privacy or security to the resident, shall follow the following height limitations:
(Illustration #2)
i. Front yard. Four (4) feet. Fences shall be of a decorative design
( , barbed wire, stock wire, chicken wire and similar
type fences are not permitted in the front yard).
ii. Side yard: Six (6) feet.
iii. Rear yard: Eight (8) feet.
(2) s For the purpose of this section, the term "fence" shall be interpreted to include any type of fence,
wall, trellis or structure placed for the purpose of this section.
(3) ': All fences shall be constructed of durable materials and shall be installed to withstand the
elements. Fences shall be maintained in good repair at all times.
f4) c Uses specified above as requiring screening shall provide a visual obstruction from adjacent
properties in conformance with the following standards:
(1) The screen may be composed of view -obscuring vegetation, wall, fence or berm.
(2) The items may be used individually or in combination. Fences constructed of
lam barbed wire, stock wire, chicken wire or other similar type fences are not permitted when
used for screening.
(3) The result shall be semi-opaque eighty (80) percent screen, which obscures views from the
ground to a height of the object being screened, however, the screen is not required to exceed
eight (8) feet.
(4) Plant materials shall be at least two (2) feet tall at the time of installation and reach the desired
height within three (3) to five (5) years.
(5) When a combination of features is proposed, one-fourth (1/4) of the surface area of walls,
fences or berms that face off-site must be covered with plant material within three (3) to five (5)
yam•
(6) Ad"ena%r-, senem Semeninpr areas shall be sufficient to allow for the mature growth of plant
materials when used.
('7) 8A
developer shall submit the developer's plet a site Plan to the Planning and Zoning Administrator and
Ci,, Fwpneer and shall show the pro sed type of screening to be located along the boundary of the
developer's property.
(F) Enforcement
1. Inspections will be conducted by the �, after the
installation of landscaping to ensure compliance with the submitted and approved site plan.
2. The removal or destruction of landscape material previously approved by the City shall
constitute a violation of this chapter. Replacement of landscape material shall be of like size as
that which was removed or destroyed.
3. Violation of this article shall be grounds for the refusal of a certificate of occupancy, require
replacement of landscape material and/or will subject those in violation to the established fines
and penalties of this chapter.
(G) Waiver of requirements. The Planning Commission shall have the authority to grant a waiver of any of the
requirements in this section upon written request, which outlines the rationale for the waiver. The
Planning Commission shall review each written request and grant a waiver only:
a. under unusual or extreme circumstances which cause an unreasonable hardship such as the size of the
lot,
b. when an innovative or alternative approach can be made which still meets the intent and purpose of this
section.
Sec. 126-87. Mobile Food Vehicles and Food Tents
(a) Purpose and intent.
(b) Definitions.
(C) Exemptions.
(d) Zoning locations.
(e) .Location and hours.
(f) Self-contained units and appurtenances.
(g) Garbage disposal.
(h) Serving articles and alcoholic beverages.
(i) Special events. Mobile Food Vehicles are prohibited from vending two thousand, five hundred (2,500)
feet from special event permitted areas; including, but not limited to, Barbeque on the River and Quilt
Week unless the Mobile Food Vehicle is permitted by the City; the City Parks Services Department
and/or the permit holder responsible for the special event. 'Ae "Safety Guidelines for- Speeial Rq4gn#4 And
,>
-A.4-ebilffl Food
thefete. Mobile Food Vehicles shall comply with all aspects of applicable provisions of the National Fire
Protection Association (sTPAI Code 1 (2018 Editioni. Chapter 50 (Commercial Cookin ,_and Anti
future amendments thereto adojtted ythe NFP,4unlesss-ccificallv omitted by amendment to this
article.
0) Noise.
(k) Application and permitting.
(I) Food Tents.
Sec. 126-106. Downtown Business TownHlt Zone, B -2-T.
The purpose of this zone is to encourage the development, redevelopment and the preservation of the City's
Townlift area
(1) Principal permitted uses.
a Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organ ations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
L Radio and TV stations;
g. Residential dwelling units;
h. RestauranUbakery/pub (no drive through permitted);
i. Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Ii
1. E'
k in. Any other similar use which, in the Commission's opinion, would not impair the business
character of the downtown area
(2) Minimum area and yard requirements. None.
(3) Maximum building height. None.
(4) Parking requirements.
(5) Minimum sight distance.
(6) (mound floor use. The ground floor of all structures in the B -2-T Zone shall be a permitted use as
defined in subsection (1) except that residential uwes or bed
may be permitted on any floor above or below the ground floor. Residential uses,
--Fi.i'f_I> may also be a m4W in
the rear one-third (1/3) of the ground floor.
Sec. 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is to encourage the
development, redevelopment and the preservation of the City's historic commercial area.
(1) Principal permitted uses.
(2) Minimum yard requirements.
(3) Minimum area requirements.
(4) Maximum building height.
(5) Parking requirements.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted use as defined
in subsection (1) except that residential uses tel rooms, short-term rem:
breakiast rooms may be permitted on any floor above or below the ground floor. Residential uses
motel rooms, short-term r; may also be in the rear
one-third (1/3) of the ground floor.
SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning
Commission respecting the matters appearing herein.
SECTION 3. That if any section, paragraph or provision of this Resolution shall be found to be
inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or
provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this
Resolution to make each and every section, paragraph and provision hereof separable from all other sections,
paragraphs and provisions.
Cathy. Chairwoman
Adopted by the Paducah Planning Commission on May 5, 2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Consensual Annexation of 5345 Hinkleville Road - J SOMMER
Category: Ordinance
Staff Work By: Nicholas Hutchison, Josh Sommer
Presentation By: Josh Sommer
Background Information: The property owner has requested consensual annexation into the City of
Paducah. The property contains two tracts on both sides of Hinkleville Road. She would like to utilize the
City of Paducah Real Estate incentive. The total annexed area is proposed to be 5.22 acres, including a portion
of Highway 60 Right -of -Way.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Community Growth
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Staff recommends approval.
Attachments:
MO - Annex — Consensual 5345 Hinkleville Road
2. Annexation request letter
3. 5345 Hinkleville Road Annex Plat
4. Tract 1 Description
ORDINANCE NO. 2022 -
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH,
KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE
BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE
LIMITS
WHEREAS, the property, approximately 5.22 acres of land located at 5345 Hinkleville
Road is contiguous to the boundaries of the City of Paducah and particularly and accurately set
out in the legal description below; and
WHEREAS, said property is suitable for development for urban purposes without
unreasonable delay because of population density, commercial, industrial, or governmental use of
land, or subdivision of land; and
WHEREAS, said property does not include any territory that is already within the
jurisdiction of another incorporated city, or another county; and
WHEREAS, said property is not part of an agricultural district formed pursuant to
KRS 262.850(10); and
WHEREAS, the owners of said property, Harriett Reed (Harriett & Walter Reed Trust),
has requested said consensual annexation in writing to the Board of Commissioners, and she
intends to take advantage of the City of Paducah Real Estate Property Tax reimbursement; and
WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the
requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior
written consent to the annexation; and
WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the
land described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and
makes a part of the City of Paducah, Kentucky, said real property being more particularly and
accurately described as follows:
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60,
Paducah, McCracken County, Kentucky, more particularly described as:
Beginning at a point in the north right-of-way line of U.S. Highway 60 (a.k.a. Hinkleville
Road), said point also being the southwest corner of the Howe Properties Incorporated
property (recorded in Deed Book 1403, Page 801), said point also being a point in the
existing City of Paducah limits;
Thence along the above said right-of-way and with the existing City of Paducah limits,
S52016'09"W a distance of 111.47 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S 10036'30"E a distance of 43.00 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S86006'32"W a distance of 217.94 ft. to a point;
Thence leaving the above said right-of-way and with the existing City of Paducah limits,
S03°53'28"E a distance of 216.26 ft. to a point, said point also being in the south right-of-
way line of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being in the north
right-of-way of Old Highway 60;
Thence along the north right-of-way of Old Highway 60 and with the existing City of
Paducah limits, S77°52'25"W a distance of 68.99 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S71°09'57"W a distance of 450.86 ft. to a point, said point being the
southeast corner of the Michael Johnson property (recorded in Deed Book 1180, Page
194);
Thence leaving the above said right-of-way and with the new City of Paducah limits,
N32015'55"E a distance of 108.12 ft. to a point, said point being in the south right-of-way
of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being the northeast corner
of the Michael Johnson property (recorded in Deed Book 1180, Page 194);
Thence continuing along the new City of Paducah limits, N32018'27"E a distance of
316.03 ft. to a point, said point being in the north right-of-way of U.S. Highway 60 (a.k.a.
Hinkleville Road), said point also being in the southeast corner of the Harriet S. Reed,
Trustee of the Walter R. Reed Trust under the Walter R. & Harriet S. Reed Revocable
Living Trust property (recorded in Deed Book 1198, Page 432);
Thence with the existing City of Paducah limits and along the east property line of the
above said Reed Revocable Living Trust property, N32024'1 FE a distance of 338.25 ft.
to a point;
Thence continuing along the existing City of Paducah limits and the east property line of
the above said Reed Revocable Living Trust property, N32024'46"E a distance of 259.75
ft. to a point, said point being the northwest corner of the Howe Properties Incorporated
property (recorded in Deed Book 1403, Page 801);
Thence with the existing City of Paducah limits and the west property line of the above
said Howe Property Incorporated property, S32024'52"E a distance of 429.19 ft. to the
Point of Beginning.
The above described Tract contains 5.220 acres.
The above described tract is the entire property of the Harriet S. Reed, Trustee of the
Walter R. Reed Trust under the Walter R. & Harriet S. Reed Revocable Living Trust
(recorded in Deed Book 1294, Page 75 8) and a part of Commonwealth of Kentucky -
U. S. Highway 60 right-of-way.
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
SECTION 2. The City of Paducah hereby declares it desirable to annex the property
described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion
shall be deemed severable and shall not affect the validity of the remaining sections of the
ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent
of such conflict hereby repealed.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, June 14, 2022
Adopted by the Board of Commissioners,
Recorded by Paducah City Clerk,
Published by The Paducah Sun,
ORD\Plan\Annex — Consensual 5345 Hinkleville Road
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance
2022- - adopted by the Board of Commissioners of the City of Paducah at a meeting
held on
WITNESS, my hand and seal of the City of Paducah, this day of 92022.
Lindsay Parish, City Clerk
April 1, 2022
City of Paducah Planning Department
Attn: Joshua P. Sommer
300 South 5' Street
Paducah, KY 42003
Re: Annexation request
Dear Josh:
I, Harriett Reed, am requesting annexation of 5345 Hinkleville Road into the City of Paducah, pursuant to KRS
81A.412. This parcel totals approximately 3.79 acres on both sides of Hinkleville Road and meets the
requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive for this
property and also for my nine -acre tract, located at 5435 Highway 60 West. It is further requested that this parcel
be zoned Highway Business Zone (HBZ) by the Paducah Planning Commission upon annexation.
Thank you,
Harriett Reed
Harriett & Walter Reed Trust
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ENGINEERING & TESTING, INC.
500 SOUTH 17th STREET ! PADUCAH. KY 42003
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along U.S. Highway 60 (a.k.a.
Hinkleville Road) and Old U.S. Highway 60, Paducah, McCracken County, Kentucky, more particularly described as:
Beginning at a point in the north right-of-way line of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being the
southwest corner of the Howe Properties Incorporated property (recorded in Deed Book 1403, Page 801), said point also
being a point in the existing City of Paducah limits;
Thence along the above said right-of-way and with the existing City of Paducah limits, S52016'09"W a distance of 111.47 ft. to
a point;
Thence continuing along the above said right-of-way and with the existing City of Paducah limits, S10°36'30"E a distance of
43.00 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of Paducah limits, S86006'32"W a distance of
217.94 ft. to a point;
Thence leaving the above said right-of-way and with the existing City of Paducah limits, S03053'28"E a distance of 216.26 ft.
to a point, said point also being in the south right-of-way line of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being
in the north right-of-way of Old Highway 60;
Thence along the north right-of-way of Old Highway 60 and with the existing City of Paducah limits, S77°52'25"W a distance
of 68.99 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of Paducah limits, S71°09'57"W a distance of
450.86 ft. to a point, said point being the southeast corner of the Michael Johnson property (recorded in Deed Book 1180,
Page 194);
Thence leaving the above said right-of-way and with the new City of Paducah limits, N32015'55"E a distance of 108.12 ft. to a
point, said point being in the south right-of-way of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being the northeast
corner of the Michael Johnson property (recorded in Deed Book 1180, Page 194);
Thence continuing along the new City of Paducah limits, N32018'27"E a distance of 316.03 ft. to a point, said point being in
the north right-of-way of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being in the southeast corner of the Harriet
S. Reed, Trustee of the Walter R. Reed Trust under the Walter R. & Harriet S. Reed Revocable Living Trust property (recorded
in Deed Book 1198, Page 432);
Thence with the existing City of Paducah limits and along the east property line of the above said Reed Revocable Living Trust
property, N32°24'11"E a distance of 338.25 ft. to a point;
Thence continuing along the existing City of Paducah limits and the east property line of the above said Reed Revocable Living
Trust property, N32024'46"E a distance of 259.75 ft. to a point, said point being the northwest corner of the Howe Properties
Incorporated property (recorded in Deed Book 1403, Page 801);
Thence with the existing City of Paducah limits and the west property line of the above said Howe Property Incorporated
property, S32024'52"E a distance of 429.19 ft. to the Point of Beginning.
The above described Tract contains 5.220 acres.
www.bfwengineers.com
Paducah, KY I Murray. KY I Lexington, KY i Marion, IL i Champaign, IL I Springfield. IL I Cape Girardeau, MO I Lewisburg, TN
The above described tract is the entire property of the Harriet S. Reed, Trustee of the Walter R. Reed Trust under the Walter R.
& Harriet S. Reed Revocable Living Trust (recorded in Deed Book 1294, Page 758) and a part of Commonwealth of Kentucky -
U.S. Highway 60 right-of-way.
The above described Tract is not for Land Title Transfer but for annexation proposes only.
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ENGINEERING 8 TESTING INC
Agenda Action Form
Paducah City Commission
Meeting Date: June 28, 2022
Short Title: Consensual Annexation of 1630 North Friendship Road - J SOMMER
Category: Ordinance
Staff Work By: Josh Sommer, Nicholas Hutchison
Presentation By: Josh Sommer
Background Information: The property owner, Mr. William Evans, has requested consensual annexation
into the City of Paducah. The parcel contains approximately 1.93 acres.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Community Growth
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1. ORD - Annex — Consensual 1630 North Friendship Road
2. Signed annexation request letter
3. 1630 North Friendship Road Annex Plat
4. Tract 1 Desc - signed
ORDINANCE NO. 2022- -
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH,
KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE
BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE
LIMITS
WHEREAS, the property, approximately 1.93 acres of land located at 1630 North
Friendship Road is contiguous to the boundaries of the City of Paducah and particularly and
accurately set out in the legal description below; and
WHEREAS, said property is suitable for development for urban purposes without
unreasonable delay because of population density, commercial, industrial, or governmental use of
land, or subdivision of land; and
WHEREAS, said property does not include any territory that is already within the
jurisdiction of another incorporated city, or another county; and
WHEREAS, said property is not part of an agricultural district formed pursuant to
KRS 262.850(10); and
WHEREAS, the owners of said property, William Anthony Evans, has requested said
consensual annexation in writing to the Board of Commissioners, and he intends to take advantage
of the City of Paducah Real Estate Property Tax reimbursement and sanitation incentive; and
WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the
requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior
written consent to the annexation; and
WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the
land described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and
makes a part of the City of Paducah, Kentucky, said real property being more particularly and
accurately described as follows:
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.93445 and being generally
located south of North Friendship Road, Paducah, McCracken County, Kentucky, more
particularly described as:
Beginning at a point in the north right-of-way line of North Friendship Road, said point
being a point in the existing City of Paducah limits;
Thence along the north right-of-way line of North Friendship Road and with existing City
of Paducah limits, S66°54'43"E a distance of 298.35 ft. to a point;
Thence leaving the above said right-of-way line of North Friendship Road and along new
City of Paducah limits with the east property line of said Tract 1 and the west property
line of the Randy and Melissa Dumes property (recorded in Deed Book 1278, Page 311),
S26°28'50"W a distance of 410.53 ft. to a point, said point being the southeast corner of
said Tract 1, said point also being in the east property line of the Faith Missionary Baptist
Church (recorded in Deed Book 576, page 154);
Thence along the east property line of above said Faith Missionary Baptist Church
property and with new City of Paducah limits, N27°39'21"W a distance of 338.13 ft. to a
point, said point being the northeast corner of the Faith Missionary Baptist Church
property, said point also being the southeast corner of the Bobby G. & Joanna Smith
property (no record found), said point also being the northwest corner of said Tract 1;
Thence along the west property line of said Tract 1 and along the east property line of the
above said Smith property with new City of Paducah limits, N19°30'51"E a distance of
196.23 ft. to the Point of Beginning.
The above described Tract contains 1.962 acres.
The above described tract is the entire property of William Anthony Evans (recorded in
Deed Book 1440, Page 344) and a part of Commonwealth of Kentucky — North
Friendship Road right-of-way.
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
SECTION 2. The City of Paducah hereby declares it desirable to annex the property
described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion
shall be deemed severable and shall not affect the validity of the remaining sections of the
ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent
of such conflict hereby repealed.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, June 28, 2022
Adopted by the Board of Commissioners,
Recorded by Paducah City Clerk,
Published by The Paducah Sun,
ORD\Plan\Annex — Consensual 1630 North Friendship Road
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance
2022- - adopted by the Board of Commissioners of the City of Paducah at a meeting
held on
WITNESS, my hand and seal of the City of Paducah, this day of , 2022.
Lindsay Parish, City Clerk
May 4, 2022
City of Paducah Planning Department
Attn: Joshua P. Sommer
300 South 5a` Street
Paducah, KY 42003
Re: Annexation request
Dear Josh:
I, William Evans, am requesting annexation of 1630 North Friendship Road into the City of Paducah, pursuant to
KRS 81A.412. This parcel totals approximately 1.93 acres and meets the requirement of KRS 81A.410. I request
to utilize the City of Paducah Real Estate property tax incentive and the sanitation pick up incentive for this
property. It is further requested that this parcel be zoned Convenience and Service Zone (B-1) by the Paducah
Planning Commission upon annexation.
Thank you,
William Evans
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BACON I FARMER I WORKMAN
ENGINEERING & TESTING, INC.
500 SOUTH 17th STREET I PADUCAH, KY 42003
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located south of North Friendship
Road, Paducah, McCracken County, Kentucky, more particularly described as:
Beginning at a point in the north right-of-way line of North Friendship Road, said point being a point in the existing City of
Paducah limits;
Thence along the north right-of-way line of North Friendship Road and with existing City of Paducah limits, S66054'43"E a
distance of 298.35 ft. to a point;
Thence leaving the above said right-of-way line of North Friendship Road and along new City of Paducah limits with the east
property line of said Tract 1 and the west property line of the Randy and Melissa Dumes property (recorded in Deed Book
1278, Page 311), S26028'50"W a distance of 410.53 ft. to a point, said point being the southeast corner of said Tract 1, said
point also being in the east property line of the Faith Missionary Baptist Church (recorded in Deed Book 576, page 154);
Thence along the east property line of above said Faith Missionary Baptist Church property and with new City of Paducah
limits, N27039'21"W a distance of 338.13 ft. to a point, said point being the northeast corner of the Faith Missionary Baptist
Church property, said point also being the southeast corner of the Bobby G. & Joanna Smith property (no record found), said
point also being the northwest corner of said Tract 1;
Thence along the west property line of said Tract 1 and along the east property line of the above said Smith property with new
City of Paducah limits, N19°30'51"E a distance of 196.23 ft. to the Point of Beginning.
The above described Tract contains 1.962 acres.
The above described tract is the entire property of William Anthony Evans (recorded in Deed Book 1440, Page 344) and a part
of Commonwealth of Kentucky - North Friendship Road right-of-way.
The above described Tract is not for Land Title Transfer but for annexation proposes only.
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