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Board of Commissioners

Regular Meeting

Bowling Green, KY · June 3, 2008

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JUNE 3, 2008 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 June 3, 2008. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Housing and Community Development Director Alice Burks, and all present recited the Pledge of Allegiance. Assistant City Manager/City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Bruce Wilkerson, Commissioner Joe W. Denning, Commissioner Brian “Slim” Nash, Commissioner Brian K. Strow and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future acquisition 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. Motion was made by Wilkerson and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (b). Walker called for roll call vote. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b) was approved by unanimous vote. Mr. DeFebbo stated that there were ten individuals who deserved special recognition for their contributions to public service and who were selected from their peers to receive the Excellence in Service Award. Nominating Committee Chairman (Police Officer) Michael Keffer introduced Code Enforcement Officer Melissa Christerson, Neighborhood Action Coordinator Karen Foley, Operations Crew Supervisor Gary Hardin, Police Detective Jamie Luttrell, Service Center Shop Supervisor Robert Kirby, Golf Crew Supervisor II Gabe Nealon, Operations Lead Equipment Operator Ricky Jones, Police Detective Tim Wilson, Parks Administrative Services Supervisor Anna Jones and Senior System Engineer Steve Milam. The Board of Commissioners presented each of them with a $1,000 check. Mr. DeFebbo also provided an update regarding research completed on the Standard Oil Building and the City’s acceptance of Community Development Block Grant (CDBG) funds to purchase the property for the purpose of rehabilitating it. He stated that the Governor’s Office for Local Development (GOLD) had agreed to allow the City to use remaining CDBG funds, which were previously awarded in 2004 for the specific purpose of property acquisition and relocation costs for Circus Square, toward the renovation of the building. He noted that GOLD had formerly denied use of those funds for other purposes. Mr. DeFebbo stated that he would work with the appropriate state and federal agencies to move forward on this project as quickly as possible. There was a consensus by the Board to allow the City Manager to proceed. *Note: Minutes are a summary of the discussions; a video recording of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-June 3, 2008) APPROVAL OF MINUTES Minutes of Special Meeting May 20, 2008 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Wilkerson and seconded by Nash to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Motion to approve the minutes of the special meeting of May 20, 2008 was approved by unanimous vote. PUBLIC COMMENTS Mayor Walker opened the floor for any public comments and there were none. CONSENT AGENDA Mayor Walker requested if there were any items to be removed from the Consent Agenda prior to its consideration. With none, Assistant City Manager/City Clerk Katie Schaller read the summaries of each of the following items: MUNICIPAL ORDER NO. 2008 – 125 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 $34,851 MUNICIPAL ORDER NO. 2008 – 126 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF DAN RUDLOFF TO THE CITY OF BOWLING GREEN BOARD OF ETHICS MUNICIPAL ORDER NO. 2008 – 127 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF ALTON LITTLE TO THE BOARD OF PARK COMMISSIONERS Motion was made by Wilkerson and seconded by Nash for acceptance of the Consent Agenda as presented. With no discussion, a roll call vote was taken. 2 (Minutes-Board of Commissioners-June 3, 2008) ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2008 – 25 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 20.13 ACRES FROM AG (AGRICULTURE) AND F (GENERAL FLOOD PLAIN) TO HB (HIGHWAY BUSINESS), RE (RESIDENTIAL ESTATE) AND F (GENERAL FLOOD PLAIN) LOCATED AT 291 OLD SCOTTSVILLE ROAD, WITH BINDING ELEMENTS, PRESENTLY OWNED BY HARRIS MONTGOMERY Title and summary of Ordinance No. BG2008 - 25 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Ordinance No. BG2008 - 25 was adopted by unanimous vote. ORDINANCE NO. BG2008 – 26 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 48.63 +/- ACRES FROM RS-1C (SINGLE FAMILY RESIDENTIAL), RM-3 & 4 (MULTI-FAMILY RESIDENTIAL) AND OP-C (OFFICE PROFESSIONAL COMMERCIAL) TO HB (HIGHWAY BUSINESS) LOCATED ON WESTPARK DRIVE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY AUBURNDALE GARY LIMITED PARTNERSHIP III, VERNON GARY, TRUSTEE FOR THE DOROTHY GARY IRREVOCABLE TRUST, AND BUBBA & COMPANY, LLC Title and summary of Ordinance No. BG2008 - 26 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Ordinance No. BG2008 - 26 was adopted by unanimous vote. 3 (Minutes-Board of Commissioners-June 3, 2008) MUNICIPAL ORDER NO. 2008 – 128 MUNICIPAL ORDER APPROVING THE PROMOTION OF JENNIFER O. EDWARDS TO THE POSITION OF COMMUNICATIONS DISPATCHER SUPERVISOR IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2008 - 128 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for consideration of said Municipal Order. DeFebbo commented about the vacancy in the Communications Center. Police Chief Doug Hawkins recommended the promotion and reviewed the individual’s qualifications. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 128 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 129 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF MELISSA DANIELLE PIPER TO THE POSITION OF COMMUNICATIONS DISPATCHER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2008 - 129 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the appointment. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 129 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 130 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF MICKEY BARREN GOODMAN TO THE POSITION OF EQUIPMENT TECHNICIAN IN THE PUBLIC WORKS DEPARTMENT, FLEET DIVISION Summary of Municipal Order No. 2008 - 130 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the appointment. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 130 was approved by unanimous vote. 4 (Minutes-Board of Commissioners-June 3, 2008) MUNICIPAL ORDER NO. 2008 – 131 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-54 FOR HVAC MAINTENANCE, REPAIRS AND REPLACEMENT CONTRACT FROM ROLLIN MECHANICAL OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $13,700 EACH YEAR FOR FIVE (5) YEARS Summary of Municipal Order No. 2008 - 131 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed and recommended the bid award. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 131 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 132 MUNICIPAL ORDER AUTHORIZING THE CONTINUATION OF A CONTRACT WITH J & F JANITORIAL SERVICE TO PROVIDE CUSTODIAL SERVICES FOR FISCAL YEAR 2009 Summary of Municipal Order No. 2008 - 132 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed and recommended the continuation of the contract. He noted that the cost was slightly reduced from last year. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 132 was approved by unanimous vote. ORDINANCE NO. BG2008 – 27 (First Reading) ORDINANCE REPEALING CHAPTER 15 OF THE CODE OF ORDINANCES ORDINANCE REPEALING CHAPTER 15 (LIBRARY) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES DUE TO THE CREATION OF THE WARREN COUNTY LIBRARY DISTRICT AND DIRECTING STAFF TO REDUCE THE CITY’S PROPERTY TAX RATE IN THE FISCAL YEAR 2008/2009 ANNUAL BUDGET Title and summary of Ordinance No. BG2008 - 27 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. DeFebbo indicated that this issue was discussed during the budget presentation at the work session that afternoon. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 5 (Minutes-Board of Commissioners-June 3, 2008) ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 27 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 133 MUNICIPAL ORDER APPROVING A CONTRACT WITH THE BARREN RIVER AREA DEVELOPMENT DISTRICT (BRADD) FOR ADMINISTRATION OF THE HOMEOWNER REHABILITATION PROGRAM IN THE AMOUNT OF $36,000 Summary of Municipal Order No. 2008 – 133 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed the program and recommended the contract for rehabilitation of twelve homes. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 133 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 134 MUNICIPAL ORDER APPROVING THE DOWNTOWN PARKS MANAGEMENT AGREEMENT WITH THE DOWNTOWN REDEVELOPMENT AUTHORITY, INC. AND THE DOWNTOWN PARKS RENTAL FEES Summary of Municipal Order No. 2008 - 134 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for consideration of said Municipal Order. DeFebbo indicated that this agreement was designed to consolidate rentals for the Riverwalk at Mitch McConnell Park, Circus Square Park and Fountain Square Park under a single entity for public convenience. Citizen Information and Assistance Director Michael Grubbs outlined the agreement and proposed fees. City Attorney Gene Harmon clarified that the lease of downtown sidewalks would still require approval by the Board of Commissioners and that future adjustments in the rental fees for the downtown parks would also be subject to the approval by the Board. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None Municipal Order No. 2008 - 134 was approved by unanimous vote. ORDINANCE NO. BG2008 – 28 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF OLD 7TH AVENUE TO INCLUDE A PORTION OF CENTER STREET 6 (Minutes-Board of Commissioners-June 3, 2008) Title and summary of Ordinance No. BG2008 - 28 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter provided an overview of both the recommended street closing and the rezoning (Ordinance No. BG2008 - 29) for the proposed TIF “Block 8” for the ballpark development. Mr. Hunter responded to questions about the proposed development and a new portion of Center Street included in the conceptual drawings. There was also discussion about a right-of-way located between Kentucky and Adams Streets which allows access to Old 7th Avenue from Adams Street. Comm. Strow expressed concern for public safety since that portion of right-of-way had limited use. Comm. Nash indicated that a street closing would be proposed when BGMU was ready to develop the triangular block where that roadway currently exists. Mayor Walker asked staff to revisit the issue once Old 7th Avenue was finally closed. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 28 was approved by unanimous vote. ORDINANCE NO. BG2008 – 29 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 8.46 ACRES FROM LI (LIGHT INDUSTRY) AND GB (GENERAL BUSINESS) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT THE PROPOSED BLOCK “8” OF THE TIF DISTRICT, WITH BINDING ELEMENTS, PRESENTLY OWNED BY OR UNDER CONTRACT BY ALLIANCE CORPORATION ET AL Title and summary of Ordinance No. BG2008 - 29 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. This item was discussed along with the previous item (Ordinance No. BG2008 – 28). Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash, Strow and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 29 was approved by unanimous vote. DISCUSSION OF DOWNTOWN REDEVELOPMENT PROPSAL AND TAX INCREMENT FINANCING (TIF) DISTRICT Attorney Jim Parsons, the City’s economic development legal consultant, provided an overview regarding some issues of concern discussed at the May 6, 2008 work session and the resolution to those concerns. He outlined the various documents which required approval by the Board of Commissioners, including the Amended and Restated Local Participation Agreement, the Amended and Restated Master Development Agreement, the Agreement on Sharing of Revenues and the WKU Gateway to Downtown Bowling Green Interlocal Cooperation Agreement. Mr. Parsons confirmed that the City would still be responsible for approving subdeveloper agreements, but 7 (Minutes-Board of Commissioners-June 3, 2008) otherwise the Warren County Downtown Economic Development Authority (“Authority”) would act on behalf of the City throughout the development. In addition, there was discussion about the Master Developer Services and Compensation Agreement between Alliance Corporation and the Authority, which was an exhibit to the Amended and Restated Master Development Agreement. Mayor Walker and Comm. Denning expressed concern with the Authority paying fees for the development of Circus Square since that project was already done. Comm. Strow suggested that more incentive should be emphasized for the developer to reach the $200 million investment versus $150 million in order for the State to provide 80% of its incremental taxes back to the TIF District. Attorney Jamie Cox, representing Alliance Corporation, responded to questions about the compensation agreement and stated that she would discuss the Board’s concerns with her client and the Authority. Since the City was not specifically involved with the compensation agreement and it was included as an exhibit, Mr. Parsons requested that the Board move forward with first reading of an ordinance to approve all the other pertinent agreements. Regarding the issue of providing parking spaces to the Southern Kentucky Performing Arts Center (SKyPAC) in exchange for the sale of some property to the developer of the ballpark, Attorney Charles English, representing SKyPAC, pointed out that the City was obligated by a previously approved contract to purchase all of the necessary property and to turn it over to SKyPAC. He inquired about the City’s response to a letter from SKyPAC sent to Mr. DeFebbo asking for clarification on this issue. Mayor Walker explained that there were two possible scenarios for consideration: 1) selling the land to the developer and turning the money over to SKyPAC; or 2) selling the land to the developer, keeping the money and letting SKyPAC park for free. Mr. English disagreed that there were only two possible options and said that his clients were willing to take part in any discussions. Commissioners Denning and Wilkerson asserted that the City should complete its purchase of the properties as stated in the contract and turn them over to SKyPAC, at which point SKyPAC could decided whether or not to sell some of the property for the development of the ballpark. Comm. Nash also agreed, however, he was also willing to negotiate a change in the contract if SKyPAC was interested. Comm. Strow expressed concern over the possible delay in the project if the issue was not resolved quickly. Mr. DeFebbo agreed to meet with SKyPAC regarding the issue and to report back to the Board. ADD ITEMS TO AGENDA Once all discussion concluded, motion was made by Strow and seconded by Nash to add Ordinance Nos. BG2008 – 30 and BG2008 - 31 to the agenda for consideration. Comm. Wilkerson stated that it was unfair to ask for approval of these documents since the stack of papers had just been provided to them that afternoon. A roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow and Walker Voting Nay: Wilkerson and Denning Motion to add Ordinance Nos. BG2008 – 30 and BG2008 - 31 to the agenda was approved by majority vote. 8 (Minutes-Board of Commissioners-June 3, 2008) ORDINANCE NO. BG2008 – 30 (First Reading) ORDINANCE APPROVING DOCUMENTS RELATED TO THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN DEVELOPMENT AREA ORDINANCE APPROVING AN AMENDED AND RESTATED LOCAL PARTICIPATION AGREEMENT, THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN INTERLOCAL COOPERATION AGREEMENT, THE AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT AND THE AGREEMENT ON THE SHARING OF REVENUES, ALL RELATED TO THE ESTABLISHMENT, FINANCING AND IMPLEMENTATION OF A DEVELOPMENT AREA TAX INCREMENT FINANCING DISTRICT KNOWN AS THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN Title and summary of Ordinance No. BG2008 - 30 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for first reading of said Ordinance. Comm. Strow agreed that there was not much time to review the documents prior to consideration; however, since there was two weeks between first and second reading of the ordinance, he was comfortable with moving forward. He declared that he reserved the right to vote no at second reading if he did not agree with the provisions once given the opportunity to review in more detail. Comm. Nash concurred with Comm. Strow and stated that the only vote that officially counted was the one taken at second reading of the ordinance. Comm. Wilkerson once again voiced his frustration with the amount of documents received at the last minute. Mayor Walker commented that none of the information was brand new and that the Board had been kept appraised of the developments, including having discussed in detail on a number of occasions. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow and Walker Voting Nay: Wilkerson and Denning First reading of Ordinance No. BG2008 – 30 was approved by majority vote. ORDINANCE NO. BG2008 – 31 (First Reading) ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AN ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY AUTHORIZING THE ISSUANCE OF (I) GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2008A IN THE AGGREGATE PRINCIPAL AMOUNT OF $25,000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF THE CONSTRUCTION AND INSTALLATION OF A BASEBALL STADIUM AND RELATED APPROVED PUBLIC INFRASTRUCTURE COSTS (II) GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2008B IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO 9 (Minutes-Board of Commissioners-June 3, 2008) EXCEED $7,200,000 FOR THE PURPOSES OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF THE GREENWOOD FIRE STATION AND THE EXPANSION OF FIRE DEPARTMENT HEADQUARTERS AND THE AIRPORT FIRE STATION; APPROVING FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS AND CONSTRUCTION FUNDS; AUTHORIZING ACCEPTANCE OF THE BID OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS FOLLOWING THE ADVERTISED SALE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES Title and summary of Ordinance No. BG2008 - 31 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for first reading of said Ordinance. In response to concern regarding the combining of the TIF related bonds with Fire improvement bonds, Chief Financial Officer Jeff Meisel explained the benefits with issuing the bonds together. Comm. Wilkerson stated that he supported the Fire improvement bonds, but did not support the $25,000,000 issue for the ballpark. Comm. Denning concurred and stated he too would vote no based on the two issues being lumped together. Comm. Strow indicated that he could not commit to supporting the ballpark issue at this time since he did not have sufficient information. Following the discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash and Walker Voting Nay: Wilkerson, Denning and Strow First reading of Ordinance No. BG2008 - 31 failed by majority vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session pursuant to KRS 61.810 (b) 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 9:50 p.m., Mayor Walker declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subject: City Manager Kevin D. DeFebbo presented the recommended City of Bowling Green’s Annual Operating Budget for Fiscal Year 2008/2009. Assistant City Manager/City Clerk Katie Schaller, Chief Financial Officer Jeff Meisel, Comptroller Wilma Brown and Citizen 10 (Minutes-Board of Commissioners-June 3, 2008) Information and Assistance Director J. Michael Grubbs presented additional information and responded to questions regarding projected revenues and expenditures. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL June 3, 2008, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL CITY MANAGER COMMENTS APPROVAL OF MINUTES Special Meeting May 20, 2008 PUBLIC COMMENTS CONSENT AGENDA: 1. Municipal Order No. 2008 – 125 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 $34,851 (Filed 05/21/2008, 11:45 a.m.) 2. Municipal Order No. 2008 – 126 Municipal Order approving the appointment of Dan Rudloff to the City of Bowling Green Board of Ethics (Filed 05/27/2008, 1:30 p.m.) 3. Municipal Order No. 2008 – 127 Municipal Order approving the appointment of Alton Little to the Board of Park Commissioners (Filed 05/27/2008, 1:30 p.m.) REGULAR AGENDA ITEMS FOR CONSIDERATION: 4. Ordinance No. BG2008 – 25 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 20.13 acres from AG (Agriculture) and F (General Flood Plain) to HB (Highway Business), RE (Residential Estate) and F (General Flood Plain) located at 291 Old Scottsville Road, with binding elements, presently owned by Harris Montgomery (Agenda-June 3, 2008) 5. Ordinance No. BG2008 – 26 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 48.63 +/- acres from RS-1C (Single Family Residential), RM-3 & 4 (Multi- Family Residential) and OP-C (Office Professional Commercial) to HB (Highway Business) located on Westpark Drive, with binding elements, presently owned by Auburndale Gary Limited Partnership III, Vernon Gary, Trustee for the Dorothy Gary Irrevocable Trust, and Bubba & Company, LLC 6. Municipal Order No. 2008 – 128 Municipal Order approving the promotion of Jennifer O. Edwards to the position of Communications Dispatcher Supervisor in the Police Department (Filed 05/28/2008, 10:30 a.m.) 7. Municipal Order No. 2008 – 129 Municipal Order approving the probationary appointment of Melissa Danielle Piper to the position of Communications Dispatcher in the Police Department (Filed 05/28/2008, 10:30 a.m.) 8. Municipal Order No. 2008 – 130 Municipal Order approving the probationary appointment of Mickey Barren Goodman to the position of Equipment Technician in the Public Works Department, Fleet Division (Filed 05/28/2008, 10:45 a.m.) 9. Municipal Order No. 2008 – 131 Municipal Order authorizing and accepting Bid #2008-54 for HVAC maintenance, repairs and replacement contract from Rollin Mechanical of Bowling Green, Kentucky in the amount of $13,700 each year for five (5) years (Filed 05/27/2008, 1:30 p.m.) 10. Municipal Order No. 2008 – 132 Municipal Order authorizing the continuation of a contract with J & F Janitorial Service to provide custodial services for Fiscal Year 2009 (Filed 05/27/2008, 1:30 p.m.) 11. Ordinance No. BG2008 – 27 ORDINANCE REPEALING CHAPTER 15 OF THE CODE (First Reading) OF ORDINANCES Ordinance repealing Chapter 15 (Library) of the City of Bowling Green Code of Ordinances due to the creation of the Warren County Library District and directing staff to reduce the City’s property tax rate in the Fiscal Year 2008/2009 annual budget (Filed 05/28/2008, 7:30 a.m.) 2 (Agenda-June 3, 2008) 12. Municipal Order No. 2008 – 133 Municipal Order approving a contract with the Barren River Area Development District (BRADD) for administration of the Homeowner Rehabilitation Program in the amount of $36,000 (Filed 05/19/2008, 7:30 a.m.) 13. Municipal Order No. 2008 – 134 Municipal Order approving the Downtown Parks Management Agreement with the Downtown Redevelopment Authority, Inc. and the downtown parks rental fees (Filed 05/28/2008, 11:15 a.m.) 14. Ordinance No. BG2008 – 28 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (First Reading) Ordinance approving the closing of Old 7th Avenue to include a portion of Center Street (Filed 05/28/2008, 12:00 p.m.) 15. Ordinance No. BG2008 – 29 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 8.46 acres from LI (Light Industry) and GB (General Business) to PUD (Planned Unit Development) located at the proposed Block “8” of the TIF District, with binding elements, presently owned by or under contract by Alliance Corporation et al (Filed 05/28/2008, 12:00 p.m.) DISCUSSION Downtown Redevelopment proposal and Tax Increment Financing (TIF) District, including possible amendments to the Master Development Agreement and Local Participation Agreement, and possible interlocal agreement and sale of bonds related to the Redevelopment proposal. Action may follow. NEXT SCHEDULED MEETING Regular Meeting June 17, 2008 ADJOURNMENT 3

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