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Board of Commissioners

Regular Meeting

Bowling Green, KY · April 20, 2004

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held APRIL 20, 2004 The Board of Commissioners of the City of Bowling Green, Kentucky met in regular session in the Commission Chamber of City Hall, Bowling Green, Kentucky at 7:00 p.m. on April 20, 2004. Mayor Sandy Jones called the meeting to order. An invocation was given by Police Chaplain Don Dorris, and all present recited the Pledge of Allegiance. City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Jim Bullington, Commissioner Joe W. Denning, Commissioner Dan Hall, Commissioner Alan Palmer and Mayor Sandy Jones. Absent: none. There was a full quorum of the Board of Commissioners. PUBLIC COMMENTS Mayor Jones opened the floor for any public comments and there were none. CITY MANAGER City Manager Charles W. Coates requested a closed session for the purpose of discussion on the future acquisition or sale of real property by the City as publicity would likely affect the value of the specific piece of property to be acquired for public use or sold by the City and discussion of proposed or pending litigation against or on behalf of the City. Motion was made by Hall and seconded by Palmer to convene in closed session following the regular meeting pursuant to KRS 61.810 (b) and (c). Jones called for roll call vote. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b) and (c) was approved by unanimous vote. Coates updated the Board regarding a training workshop sponsored by the City to be held May 3 and May 19, 2004 for boards, commissions and agencies regarding requirements under the law. PRESENTATION Code Enforcement Coordinator Alex Colovos gave a presentation on Partnership Cleanup 2004, which was implemented to raise community awareness and initiative for improving neighborhoods. This program was initiated in a specific target area and was implemented in phases. Colovos responded to questions related to the demolition of vacant and dilapidated structures, the amount of debris and trash collected during the amnesty period, the code enforcement procedures and involvement of the Code Enforcement Board and the assistance of other agencies during the cleanup efforts. APPROVAL OF MINUTES *Note: Minutes are a summary of the discussions; a video tape of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-April 20, 2004) Minutes of Regular Meeting April 6, 2004 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Palmer and seconded by Hall to approve said minutes as written. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Motion to approve the minutes of the regular meeting of April 6, 2004 was approved by unanimous vote. ORDINANCE NO. BG2004 – 6 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 1.43 ACRES FROM LI (LIGHT INDUSTRY) TO GB (GENERAL BUSINESS) LOCATED AT 746 BEECH STREET, WITH BINDING ELEMENTS, PRESENTLY OWNED BY CHESTER HIBBITT AND JOYCE COVARRUBIAS, CONTRACT VENDEE Title and summary of Ordinance No. BG2004 - 6 was read by City Clerk Katie Schaller. Motion was made by Denning and seconded by Hall for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 – 6 was adopted by unanimous vote. ORDINANCE NO. BG2004 – 13 (Second Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF AN ACCESS ROAD LOCATED OFF OF RAIN TREE DRIVE Title and summary of Ordinance No. BG2004 - 13 was read by the City Clerk. Motion was made by Hall and seconded by Palmer for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 - 13 was adopted by unanimous vote. ORDINANCE NO. BG2004 – 14 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TWO TRACTS OF LAND CONTAINING 6.6784 ACRES FROM OP-C (OFFICE PROFESSIONAL- COMMERCIAL) AND RS-1A (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED ON DISHMAN LANE EXTENSION AND RAIN TREE DRIVE, WITH BINDING 2 (Minutes-Board of Commissioners-April 20, 2004) ELEMENTS, PRESENTLY OWNED BY DISHMAN LANE PROPERTIES, LLC, RHOADES PROPERTIES, INC. AND TIMBERPEG CONSTRUCTION, LTD Title and summary of Ordinance No. BG2004 - 14 was read by the City Clerk. Motion was made by Denning and seconded by Palmer for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 - 14 was adopted by unanimous vote. ORDINANCE NO. BG2004 – 15 (Second Reading) ORDINANCE ANNEXING PROPERTY BY CONSENT ORDINANCE ANNEXING 26.40 ACRES OF PROPERTY LOCATED ON GLASGOW ROAD (US 68/KY 80) AND 37.6711 ACRES OF PROPERTY LOCATED AT THE INTERSECTION OF GLASGOW ROAD (US 68/KY 80) AND SUNNYSIDE-GOTT ROAD, WITH BOTH PROPERTIES PRESENTLY OWNED BY DANNY AND MARGIE DUVALL, AND SAID TERRITORY BEING CONTIGUOUS TO EXISTING CITY LIMITS Title and summary of Ordinance No. BG2004 - 15 was read by the City Clerk. Motion was made by Hall and seconded by Palmer for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hall, Palmer and Jones Voting Nay: None Voting Abstain: Bullington Ordinance No. BG2004 - 15 was adopted by majority vote. ORDINANCE NO. BG2004 – 16 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 51.44 ACRES FROM AG (AGRICULTURE) AND RM-4 (MULTI-FAMILY RESIDENTIAL) TO RS-1A (SINGLE FAMILY RESIDENTIAL) AND RS-1C (SINGLE FAMILY RESIDENTIAL) LOCATED ON DOUBLE SPRINGS ROAD AND WEBB DRIVE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY THE HOUSING AUTHORITY OF BOWLING GREEN Title and summary of Ordinance No. BG2004 - 16 was read by the City Clerk. Motion was made by Denning and seconded by Hall for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 - 16 was adopted by unanimous vote. 3 (Minutes-Board of Commissioners-April 20, 2004) ORDINANCE NO. BG2004 – 17 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 23 (WATER AND SEWER) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES RELATED TO INDUSTRIAL PRETREATMENT LIMITS FOR THE BOWLING GREEN MUNICIPAL UTILITIES WASTEWATER TREATMENT PLANT Title and summary of Ordinance No. BG2004 - 17 was read by the City Clerk. Motion was made by Palmer and seconded by Bullington for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 - 17 was adopted by unanimous vote. ORDINANCE NO. BG2004 – 18 (Second Reading) ORDINANCE RELATING TO CLASSIFICATION/PAY SCHEDULE ORDINANCE REVISING THE CLASSIFICATION/PAY SCHEDULE FOR CLASSIFIED AND NON-CLASSIFIED EMPLOYEES OF THE CITY OF BOWLING GREEN, KENTUCKY FOR FISCAL YEAR 2004 Title and summary of Ordinance No. BG2004 - 18 was read by the City Clerk. Motion was made by Bullington and seconded by Hall for second reading of said Ordinance. Mayor Jones asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Ordinance No. BG2004 - 18 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2004 – 79 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS AND THE CITY OF BOWLING GREEN RELATED TO REHABILITATION AND EXTENSION OF ALVATON ROAD TO SHIVE LANE Summary of Municipal Order No. 2004 - 79 was read by the City Clerk. Coates indicated the State agreed to provide $800,000 for this project, with $400,000 in funding to come from the Bale family and the City would cover any remaining costs. Relating to the project timeline, Housing and Community Development Director Richard Rector indicated that the initial property acquisition process had already begun. Motion was made by Hall and seconded by Bullington for consideration of said 4 (Minutes-Board of Commissioners-April 20, 2004) Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 79 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 80 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO JAMESTOWN, KENTUCKY FOR CITY MANAGER CHARLES W. COATES Summary of Municipal Order No. 2004 - 80 was read by the City Clerk. Motion was made by Hall and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 80 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 81 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2004- 31 FOR A RESCUE-PUMPER FIRE APPARATUS FROM SUTPHEN CORPORATION OF AMLIN, OHIO IN THE AMOUNT OF $386,929 Summary of Municipal Order No. 2004 - 81 was read by the City Clerk. Fire Chief Gerry Brown stated that this new truck would replace a 1988 pumper apparatus. He reviewed the bid evaluation process and recommended the purchase from the best evaluated bidder. Motion was made by Bullington and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 81 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 82 MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH DOWNTOWN REDEVELOPMENT AUTHORITY, INC. TO LEASE FOUNTAIN SQUARE PARK FOR CONCERTS IN THE PARK Summary of Municipal Order No. 2004 - 82 was read by the City Clerk. Mayor Jones stated this was an annual agreement. Motion was made by Denning and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones 5 (Minutes-Board of Commissioners-April 20, 2004) Voting Nay: None Municipal Order No. 2004 - 82 was approved by unanimous vote. ORDINANCE NO. BG2004 – 19 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.24 ACRE FROM RM-3 (MULTI-FAMILY RESIDENTIAL) TO OP-R (OFFICE PROFESSIONAL-RESIDENTIAL) LOCATED AT 909 CABELL DRIVE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY RICHARD FELDMAN Title and summary of Ordinance No. BG2004 - 19 was read by the City Clerk. Planning Commission Director Andy Gillies described the recommended rezoning as an adaptive reuse and listed the associated binding elements. Motion was made by Denning and seconded by Hall for first reading of said Ordinance. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None First reading of Ordinance No. BG2004 - 19 was approved by unanimous vote. ORDINANCE NO. BG2004 – 20 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TWO TRACTS OF LAND CONTAINING 16.5497 ACRES FROM GB (GENERAL BUSINESS) AND RM-4 (MULTI-FAMILY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LOCATED AT 1527 MORGANTOWN ROAD AND ON VETERANS MEMORIAL LANE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY THE C. HENRY ENGLISH ESTATE AND THE EVANS PROPERTY COMPANY, LLC Title and summary of Ordinance No. BG2004 - 20 was read by the City Clerk. Gillies reviewed the recommended rezoning for use as retail and office space, including the associated binding elements, and indicated there would be one access point with a four-way intersection. Motion was made by Palmer and seconded by Hall for first reading of said Ordinance. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None First reading of Ordinance No. BG2004 - 20 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 83 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF TOMMY J. WILLIS TO THE POSITION OF LABORER II FOR THE PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION 6 (Minutes-Board of Commissioners-April 20, 2004) Summary of Municipal Order No. 2004 - 83 was read by the City Clerk. Human Resources Director Michele Tolbert reviewed the position, application process and qualifications of the recommended applicant. Motion was made by Bullington and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 83 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 84 MUNICIPAL ORDER AUTHORIZING AND APPROVING A TAX- EXEMPT LEASE PURCHASE IN THE AMOUNT OF $149,000 WITH U.S. BANK NATIONAL ASSOCIATION FOR THE FINANCING OF THE ACQUISITION OF GOLF CARTS FOR CROSSWINDS GOLF COURSE Summary of Municipal Order No. 2004 - 84 was read by the City Clerk. Chief Financial Officer Davis Cooper recommended the lease purchase at a 2.35% fixed interest rate over a four-year period. Motion was made by Hall and seconded by Denning for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 84 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 85 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FEDERAL VICTIMS OF CRIME ACT (VOCA) GRANT FUNDS THROUGH THE COMMONWEALTH OF KENTUCKY, JUSTICE CABINET, FOR THE PARTIAL FUNDING OF A VICTIM ADVOCATE POSITION FOR THE POLICE DEPARTMENT, INVESTIGATIONS UNIT IN A TOTAL AMOUNT OF $28,173 Summary of Municipal Order No. 2004 - 85 was read by the City Clerk. Mayor Jones stated this was an annual grant submission. Motion was made by Palmer and seconded by Denning for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 85 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 86 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2004- 39 FOR A DUMP TRUCK FROM KENWORTH OF BOWLING 7 (Minutes-Board of Commissioners-April 20, 2004) GREEN OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $75,477 Summary of Municipal Order No. 2004 - 86 was read by the City Clerk. Public Works Director Emmett Wood indicated that this new truck would replace a damaged vehicle. Motion was made by Hall and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 86 was approved by unanimous vote. Chief Financial Officer Cooper reminded everyone of the annual City auction of surplus property scheduled to be held beginning at 5:00 p.m. on April 22, 2004. Coates noted that the City would also be initiating for the first time an on-line auction to sell four used vehicles. Depending on its success, Coates stated that future on-line auctions may be conducted. MUNICIPAL ORDER NO. 2004 – 87 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FARMERS INVESTMENT COMPANY, INC. RELATED TO THE ALVATON ROAD AND KEN BALE BOULEVARD ROAD PROJECT Summary of Municipal Order No. 2004 - 87 was read by the City Clerk. Motion was made by Denning and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 87 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 88 MUNICIPAL ORDER AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO NEGOTIATE THE PURCHASE OF AND TO EXECUTE DEEDS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES FOR THE ALVATON ROAD AND KEN BALE BOULEVARD ROAD PROJECT Summary of Municipal Order No. 2004 - 88 was read by the City Clerk. HCD Director Richard Rector stated that eleven parcels have been indicated for purchase. Motion was made by Palmer and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 88 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 89 8 (Minutes-Board of Commissioners-April 20, 2004) MUNICIPAL ORDER AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO NEGOTIATE THE PURCHASE OF AND TO EXECUTE DEEDS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES FOR PHASE II OF THE DOWNTOWN REVITALIZATION PROJECT Summary of Municipal Order No. 2004 - 89 was read by the City Clerk. Assistant to the Housing and Community Development Director Alice Burks stated that the next series of items related to projects underway in the downtown area with funding provided through grants. Motion was made by Palmer and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 89 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 90 MUNICIPAL ORDER AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO NEGOTIATE THE PURCHASE OF AND TO EXECUTE DEEDS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES FOR THE LEE SQUARE HOUSING PROJECT Summary of Municipal Order No. 2004 - 90 was read by the City Clerk. Comm. Denning made a motion, which was seconded by Hall, to amend the attachment to this Municipal Order to add “237 State Street” as one of the listed properties for purchase. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Motion to amend Municipal Order No. 2004 - 90 was approved by unanimous vote. Motion was made by Denning and seconded by Hall for consideration of said Municipal Order as amended. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 90 as amended was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 91 MUNICIPAL ORDER AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO NEGOTIATE THE PURCHASE OF AND TO EXECUTE DEEDS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES FOR THE PARKS AND RECREATION COMMUNITY CENTER RENOVATION AND EXPANSION PROJECT Summary of Municipal Order No. 2004 – 91 was read by the City Clerk. Motion was made by Hall and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones 9 (Minutes-Board of Commissioners-April 20, 2004) Voting Nay: None Municipal Order No. 2004 - 91 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 92 MUNICIPAL ORDER AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO NEGOTIATE THE PURCHASE OF AND TO EXECUTE DEEDS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES FOR PROPERTIES RELATED TO THE DOWNTOWN REVITALIZATION PROJECT TO BE FUNDED FROM GENERAL OBLIGATION BOND ISSUANCE Summary of Municipal Order No. 2004 - 92 was read by the City Clerk. Rector noted that all property owners, as well as renters, would receive written notice regarding the purchase of properties by the City, including information regarding the eligibility for relocation assistance. Motion was made by Bullington and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 92 was approved by unanimous vote. ORDINANCE NO. BG2004 – 21 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 26 (PUBLIC TREES) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE THE BOWLING GREEN COMMUNITY ADVISORY TREE BOARD COMPOSITION, DUTIES AND RESPONSIBILITIES AND TO MAKE OTHER VARIOUS ADMINISTRATIVE CHANGES Title and summary of Ordinance No. BG2004 - 21 was read by the City Clerk. City Arborist Jay Dougherty reviewed the recommended changes to Chapter 26 and responded to questions regarding the composition of the Tree Advisory Board and the reintroduction of the American Elm tree back into this area. Motion was made by Palmer and seconded by Bullington for first reading of said Ordinance. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None First reading of Ordinance No. BG2004 - 21 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 93 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF DORIAN WALKER AND MARK E. HOOD TO THE HISTORIC PRESERVATION BOARD Summary of Municipal Order No. 2004 - 93 was read by the City Clerk. Mayor Jones recommended the reappointments. Motion was made by Denning and seconded by Hall for 10 (Minutes-Board of Commissioners-April 20, 2004) consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 93 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 94 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF THOMAS W. RICHARDS TO THE BOARD OF PARK COMMISSIONERS Summary of Municipal Order No. 2004 - 94 was read by the City Clerk. Mayor Jones recommended the reappointment. Motion was made by Palmer and seconded by Hall for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 94 was approved by unanimous vote. MUNICIPAL ORDER NO. 2004 – 95 MUNICIPAL ORDER DESIGNATING THE CITY-COUNTY PLANNING COMMISSION AS THE CITY AND COUNTY REPRESENTATIVE RELATED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD HAZARD MAPPING PROGRAM, COOPERATING TECHNICAL PARTNER (CTP) PROGRAM Summary of Municipal Order No. 2004 - 95 was read by the City Clerk. Gillies explained the purpose of this designation and the ability of the Planning Commission to eventually amend flood insurance rate maps, including the implementation of digital mapping. In addition, Gillies stated that the Planning Commission would be eligible for grant funds. Motion was made by Hall and seconded by Palmer for consideration of said Municipal Order. Mayor Jones asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Bullington, Denning, Hall, Palmer and Jones Voting Nay: None Municipal Order No. 2004 - 95 was approved by unanimous vote. BOARD OF COMMISSIONERS COMMENTS Comm. Denning expressed concern regarding the sound system in the Commission Chamber. Mayor Jones announced that May 4, 2004 was the next scheduled meeting of the Board. CLOSED SESSION 11 (Minutes-Board of Commissioners-April 20, 2004) Following a brief recess to clear the Chamber, the Board of Commissioners convened in closed session pursuant to KRS 61.810 (b) and (c) as previously approved. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:40 p.m., Mayor Jones declared this meeting adjourned. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by City Clerk Katie Schaller 12

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL April 20, 2004, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS CITY MANAGER COMMENTS Partnership Cleanup 2004 presentation by Code Enforcement Coordinator Alex Colovos ITEMS FOR CONSIDERATION: 1. Approval of Minutes Regular Meeting on April 6, 2004 2. Ordinance No. BG2004 – 6 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 1.43 acres from LI (Light Industry) to GB (General Business) located at 746 Beech Street, with binding elements, presently owned by Chester Hibbitt and Joyce Covarrubias, contract vendee 3. Ordinance No. BG2004 – 13 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (Second Reading) Ordinance approving the closing of an access road located off of Rain Tree Drive 4. Ordinance No. BG2004 – 14 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning two tracts of land containing 6.6784 acres from OP-C (Office Professional-Commercial) and RS-1A (Single Family Residential) to PUD (Planned Unit Development) located on Dishman Lane Extension and Rain Tree Drive, with binding elements, presently owned by Dishman Lane Properties, LLC, Rhoades Properties, Inc. and Timberpeg Construction, Ltd (Agenda-April 20, 2004) 5. Ordinance No. BG2004 – 15 ORDINANCE ANNEXING PROPERTY BY CONSENT (Second Reading) Ordinance annexing 26.40 acres of property located on Glasgow Road (US 68/KY 80) and 37.6711 acres of property located at the intersection of Glasgow Road (US 68/KY 80) and Sunnyside-Gott Road, with both properties presently owned by Danny and Margie Duvall, and said territory being contiguous to existing City limits 6. Ordinance No. BG2004 – 16 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 51.44 acres from AG (Agriculture) and RM-4 (Multi-Family Residential) to RS- 1A (Single Family Residential) and RS-1C (Single Family Residential) located on Double Springs Road and Webb Drive, with binding elements, presently owned by the Housing Authority of Bowling Green 7. Ordinance No. BG2004 – 17 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 23 (Water and Sewer) of the City of Bowling Green Code of Ordinances related to industrial pretreatment limits for the Bowling Green Municipal Utilities Wastewater Treatment Plant 8. Ordinance No. BG2004 – 18 ORDINANCE RELATING TO CLASSIFICATION/PAY (Second Reading) SCHEDULE Ordinance revising the Classification/Pay Schedule for Classified and Non-Classified Employees of the City of Bowling Green, Kentucky for Fiscal Year 2004 9. Municipal Order No. 2004 – 79 Municipal Order approving and authorizing the Mayor to execute Supplemental Agreement No. 1 between the Commonwealth of Kentucky Transportation Cabinet, Department of Highways and the City of Bowling Green related to rehabilitation and extension of Alvaton Road to Shive Lane (Filed 04/02/2004, 3:45 p.m.) 10. Municipal Order No. 2004 – 80 Municipal Order approving and authorizing reimbursement of out-of-town travel expenses to Jamestown, Kentucky for City Manager Charles W. Coates (Filed 04/06/2004, 1:00 p.m.) 11. Municipal Order No. 2004 – 81 Municipal Order authorizing and accepting Bid #2004-31 for a rescue-pumper fire apparatus from Sutphen Corporation of 2 (Agenda-April 20, 2004) Amlin, Ohio in the amount of $386,929 (Filed 04/07/2004, 11:25 a.m.) 12. Municipal Order No. 2004 – 82 Municipal Order authorizing the Mayor to execute a lease agreement with Downtown Redevelopment Authority, Inc. to lease Fountain Square Park for concerts in the park (Filed 04/12/2004, 11:00 a.m.) 13. Ordinance No. BG2004 – 19 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 0.24 acre from RM-3 (Multi-Family Residential) to OP-R (Office Professional-Residential) located at 909 Cabell Drive, with binding elements, presently owned by Richard Feldman (Filed 04/12/2004, 11:30 a.m.) 14. Ordinance No. BG2004 – 20 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning two tracts of land containing 16.5497 acres from GB (General Business) and RM-4 (Multi-Family Residential) to HB (Highway Business) located at 1527 Morgantown Road and on Veterans Memorial Lane, with binding elements, presently owned by the C. Henry English Estate and The Evans Property Company, LLC (Filed 04/12/2004, 11:30 a.m.) 15. Municipal Order No. 2004 – 83 Municipal Order approving the probationary appointment of Tommy J. Willis to the position of Laborer II for the Public Works Department, Operations Division (Filed 04/12/2004, 12:00 p.m.) 16. Municipal Order No. 2004 – 84 Municipal Order authorizing and approving a tax-exempt lease purchase in the amount of $149,000 with U.S. Bank National Association for the financing of the acquisition of golf carts for Crosswinds Golf Course (Filed 04/13/2004, 2:30 p.m.) 17. Municipal Order No. 2004 – 85 Municipal Order authorizing the submission of an application for Federal Victims of Crime Act (VOCA) grant funds through the Commonwealth of Kentucky, Justice Cabinet, for the partial funding of a Victim Advocate position for the Police Department, Investigations Unit in a total amount of $28,173 (Filed 04/14/2004, 10:20 a.m.) 3 (Agenda-April 20, 2004) 18. Municipal Order No. 2004 – 86 Municipal Order authorizing and accepting Bid #2004-39 for a dump truck from Kenworth of Bowling Green of Bowling Green, Kentucky in the amount of $75,477 (Filed 04/14/2004, 12:05 p.m.) 19. Municipal Order No. 2004 – 87 Municipal Order approving and authorizing the Mayor to execute an agreement with Farmers Investment Company, Inc. related to the Alvaton Road and Ken Bale Boulevard Road Project (Filed 04/14/2004, 12:30 p.m.) 20. Municipal Order No. 2004 – 88 Municipal Order authorizing the Housing and Community Development Director to negotiate the purchase of and to execute deeds and other documents related to land purchases for the Alvaton Road and Ken Bale Boulevard Road Project (Filed 04/14/2004, 1:00 p.m.) 21. Municipal Order No. 2004 – 89 Municipal Order authorizing the Housing and Community Development Director to negotiate the purchase of and to execute deeds and other documents related to land purchases for Phase II of the Downtown Revitalization Project (Filed 04/14/2004, 1:00 p.m.) 22. Municipal Order No. 2004 – 90 Municipal Order authorizing the Housing and Community Development Director to negotiate the purchase of and to execute deeds and other documents related to land purchases for the Lee Square Housing Project (Filed 04/14/2004, 1:00 p.m.) 23. Municipal Order No. 2004 – 91 Municipal Order authorizing the Housing and Community Development Director to negotiate the purchase of and to execute deeds and other documents related to land purchases for the Parks and Recreation Community Center Renovation and Expansion Project (Filed 04/14/2004, 1:00 p.m.) 24. Municipal Order No. 2004 – 92 Municipal Order authorizing the Housing and Community Development Director to negotiate the purchase of and to execute deeds and other documents related to land purchases for properties related to the Downtown Revitalization Project to be funded from General Obligation Bond issuance (Filed 04/14/2004, 1:00 p.m.) 4 (Agenda-April 20, 2004) 25. Ordinance No. BG2004 – 21 ORDINANCE AMENDING CODE OF ORDINANCES (First Reading) Ordinance amending Chapter 26 (Public Trees) of the City of Bowling Green Code of Ordinances to revise the Bowling Green Community Advisory Tree Board composition, duties and responsibilities and to make other various administrative changes (Filed 04/14/2004, 2:15 p.m.) 26. Municipal Order No. 2004 – 93 Municipal Order approving the reappointments of Dorian Walker and Mark E. Hood to the Historic Preservation Board (Filed 04/14/2004, 2:50 p.m.) 27. Municipal Order No. 2004 – 94 Municipal Order approving the reappointment of Thomas W. Richards to the Board of Park Commissioners (Filed 04/14/2004, 3:00 p.m.) 28. Municipal Order No. 2004 – 95 Municipal Order designating the City-County Planning Commission as the City and County representative related to the Federal Emergency Management Agency (FEMA) Flood Hazard Mapping Program, Cooperating Technical Partner (CTP) Program (Filed 04/14/2004, 3:30 p.m.) NEXT SCHEDULED MEETING May 4, 2004 ADJOURNMENT 5

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