Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held AUGUST 5, 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 August 5, 2008. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Imran Hussain of the Islamic Center, 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 Brian K. Strow, Commissioner Bruce Wilkerson, Commissioner Joe W. Denning, Commissioner Brian “Slim” Nash and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS Mayor Walker announced that the Finance Department was recently awarded a Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for Fiscal Year 2007 from the Government Finance Officers Association of the United States and Canada. CITY MANAGER City Manager Kevin D. DeFebbo welcomed Police Officer Wade Hughes who was in attendance to provide increased security during the meeting. He requested a closed session for the purpose of discussion regarding 1) the future sale of real property by the City as publicity would likely affect the value of the specific piece of property to be sold by the City; 2) proposed and pending litigation against and on behalf of the City; 3) personnel matter which might lead to the discipline or dismissal of an individual employee without restricting that employee’s right to a public hearing if requested; and 4) for discussion between the City and a representative of business entities and discussions concerning specific proposals, if open discussions would jeopardize the siting, retention, expansion or upgrading of the businesses. Motion was made by Wilkerson and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (b), (c), (f) and (g). Walker called for roll call vote. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b), (c), (f) and (g) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting July 15, 2008 and Special Meeting July 18, 2008 Minutes of the above-referenced meetings 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: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None *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-August 5, 2008) Motion to approve the minutes of the regular meeting of July 15, 2008 and special meeting of July 18, 2008 was approved by unanimous vote. PUBLIC COMMENTS Jane Shreve, resident of Callaway Gardens, requested that no additional sidewalks be built on Wilkinson Trace. She noted that sidewalks already exist on one side of the street and that the area residents did not want to loose any green space with the addition of sidewalks on the other side of the street. RECOGNITIONS Mayor Walker recognized Boy Scout Turner Burns who was attending the meeting to obtain a merit badge. 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 – 195 MUNICIPAL ORDER AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE COMMONWEALTH OF KENTUCKY, JUSTICE AND PUBLIC SAFETY CABINET FOR OVERTIME TRAFFIC ALCOHOL PATROL (TAP) THROUGH THE 2008-2009 LAW ENFORCEMENT SERVICE FEE PROGRAM IN THE AMOUNT OF $14,191 MUNICIPAL ORDER NO. 2008 – 196 MUNICIPAL ORDER AUTHORIZING AND APPROVING THE ANNUAL DUES PAYMENT IN THE AMOUNT OF $26,745 TO BARREN RIVER AREA DEVELOPMENT DISTRICT (BRADD) FOR FISCAL YEAR 2009 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. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. 2 (Minutes-Board of Commissioners-August 5, 2008) REGULAR AGENDA ORDINANCE NO. BG2008 – 39 (Second Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF FAIRMONT AVENUE Title and summary of Ordinance No. BG2008 - 39 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: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Ordinance No. BG2008 - 39 was adopted by unanimous vote. ORDINANCE NO. BG2008 – 40 (Second Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2008 Title and summary of Ordinance No. BG2008 - 40 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: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Ordinance No. BG2008 - 40 was adopted by unanimous vote. ORDINANCE NO. BG2008 – 41 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), SUBCHAPTER 2-17 (HUMAN RIGHTS COMMISSION) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE THE COMPOSITION REQUIREMENTS OF THE HUMAN RIGHTS COMMISSION Title and summary of Ordinance No. BG2008 - 41 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: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Ordinance No. BG2008 - 41 was adopted by unanimous vote. 3 (Minutes-Board of Commissioners-August 5, 2008) MUNICIPAL ORDER NO. 2008 – 197 MUNICIPAL ORDER APPROVING THE TRANSFER OF WANDA FAYE PALAZZI FROM THE POSITION OF ADMINISTRATIVE ASSISTANT TO THE POSITION OF GRANTS ASSOCIATE IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2008 - 197 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 the position opening from a recent resignation. Police Chief Doug Hawkins recommended the transfer. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 197 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 198 MUNICIPAL ORDER APPROVING THE PROMOTION OF DAVID WAYNE WILBERT TO THE POSITION OF OPERATIONS AND MAINTENANCE TECHNICIAN II IN THE PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION Summary of Municipal Order No. 2008 - 198 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo commented about the previously adopted career path program. Public Works Director Emmett Wood reviewed the qualifications and recommended the promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 198 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 199 MUNICIPAL ORDER APPROVING THE PROMOTION OF BENJAMIN THOMAS STOREY TO THE POSITION OF FIRE APPARATUS OPERATOR/EMT IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2008 - 199 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 position opening from a recent retirement. Deputy Fire Chief John Weatherbee recommended the promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 199 was approved by unanimous vote. 4 (Minutes-Board of Commissioners-August 5, 2008) MUNICIPAL ORDER NO. 2008 – 200 MUNICIPAL ORDER APPROVING THE PROMOTION OF JEFFREY ALLEN WALDEN TO THE POSITION OF OPERATIONS AND MAINTENANCE TECHNICIAN III IN THE PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION Summary of Municipal Order No. 2008 - 200 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo explained that this promotion was also based on the approved career path program. Public Works Director Emmett Wood reviewed the qualifications and recommended the promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 200 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 201 MUNICIPAL ORDER APPROVING THE PROMOTION OF DENISE LOUISE HILL TO THE POSITION OF COMMUNITY CENTER SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2008 - 201 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 indicated that the recent opening was due to a resignation. Parks and Recreation Director Ernie Gouvas reviewed the qualification and recommended the promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 201 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 202 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-39 FOR SOUTH CAMPUS GREENWAYS, PHASE II, DIVISION “A” GREENWAYS AND “B” SIDEWALKS FROM SCOTT & MURPHY, INC. OF BOWLING GREEN, KENTUCKY IN THE TOTAL AMOUNT OF $661,307.75 Summary of Municipal Order No. 2008 - 202 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 recommended bid award. City-County Planning Commission Staff Engineer Mac Yowell reviewed the project and collaboration among the City, Warren County, Western Kentucky University, Kentucky Transportation Cabinet and the Greenways Commission to provide the necessary funding. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 5 (Minutes-Board of Commissioners-August 5, 2008) ROLL CALL: Voting Yea: Strow, Wilkerson, Nash and Walker Voting Nay: None Abstain: Denning Municipal Order No. 2008 - 202 was approved by majority vote. Comm. Denning is employed by Scott & Murphy, Inc. MUNICIPAL ORDER NO. 2008 – 203 MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF PARTS AND EQUIPMENT REQUIRED FOR THE TRAFFIC SIGNAL PRE- EMPTION PROJECT FROM TRAFFIC CONTROL PRODUCTS OF CLEVELAND, OHIO IN THE AMOUNT OF $31,375 Summary of Municipal Order No. 2008 - 203 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 recommended the purchase which would be part of the downtown signalization improvement project. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 203 was approved by unanimous vote. ORDINANCE NO. BG2008 – 42 (First Reading) ORDINANCE ANNEXING PROPERTY ORDINANCE ANNEXING UNINCORPORATED TERRITORY CONTAINING APPROXIMATELY 15.44 ACRES IN THE WHITESBORO SUBDIVISION IN THE VICINITY OF CAVE MILL ROAD AND SMALLHOUSE ROAD, WITH ALL SUCH TERRITORY BEING CONTIGUOUS TO EXISTING CITY LIMITS Title and summary of Ordinance No. BG2008 - 42 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Wilkerson for first reading of said Ordinance. DeFebbo indicated that this was the final step in the process for annexation of property which included one property owner who did not consent to the annexation. Citizen Information and Assistance Director Michael Grubbs explained the process for annexation and reviewed the development proposal for a portion of the property being annexed. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 42 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 204 MUNICIPAL ORDER APPROVING THE SLOAN CONVENTION CENTER EVENT PARKING LOT DEVELOPMENT AND 6 (Minutes-Board of Commissioners-August 5, 2008) MAINTENANCE AGREEMENT WITH THE BOWLING GREEN HOTEL AND MOTEL ASSOCIATION, INC. Summary of Municipal Order No. 2008 - 204 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 indicated that this agreement had previously been approved by the Convention Center Corporation and now required approval by the Board of Commissioners. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 204 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 205 MUNICIPAL ORDER APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY, OFFICE OF HOUSING, BUILDINGS AND CONSTRUCTION RELATED TO THE GRANTING OF ADDITIONAL RESPONSIBILITY FOR PLAN REVIEW AND INSPECTIONS Summary of Municipal Order No. 2008 - 205 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 approval of the agreement, which was renewable every three years. Chief Building Inspector Glenn Burns responded to a question about plumbing inspections performed exclusively by State officials. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 205 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 206 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN GREYSTONE SUBDIVISION, SECTION FOUR Summary of Municipal Order No. 2008 - 206 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo recommended acceptance of street maintenance. City-County Planning Commission Staff Engineer Mac Yowell confirmed that Section Four was completely built out and that construction was in progress on other sections. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 206 was approved by unanimous vote. 7 (Minutes-Board of Commissioners-August 5, 2008) ORDINANCE NO. BG2008 – 43 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF THREE UNNAMED ALLEYS WITHIN BLOCK “8” OF THE TIF DISTRICT Title and summary of Ordinance No. BG2008 - 43 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 reviewed the need to reconfigure the development area for the ballpark. He stated that the closing was unanimously approved by the City-County Planning Commission. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2008 – 43 was approved by unanimous vote. ORDINANCE NO. BG2008 – 44 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING BLOCKS “4” AND “6” OF THE TIF DISTRICT CONTAINING 6.76 ACRES FROM CB (CENTRAL BUSINESS) AND GB (GENERAL BUSINESS) TO PUD (PLANNED UNIT DEVELOPMENT), WITH BINDING ELEMENTS, PRESENTLY OWNED BY TEG ACQUISITIONS, LLC ET AL Title and summary of Ordinance No. BG2008 - 44 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 stated that the City-County Planning Commission unanimously recommended approval of this rezoning. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2008 – 44 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 168 MUNICIPAL ORDER APPROVING AN AGREEMENT FOR THE CONVEYANCE OF PROPERTY LOCATED AT 728 AND 730 COLLEGE STREET RELATED TO THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN DEVELOPMENT PROJECT Summary of Municipal Order No. 2008 - 168 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. DeFebbo indicated that this item was previously withdrawn to address some issues and those issues have now be resolved. City Attorney Gene Harmon explained that this property was located in Block “4” of the TIF District. He reviewed the stipulations regarding the conveyance of property to the 8 (Minutes-Board of Commissioners-August 5, 2008) Warren County Downtown Economic Development Authority and that the Authority was responsible for demolition and all fees associated with the transfer of ownership. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 168 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session at approximately 7:35 p.m. pursuant to KRS 61.810 (b), (c), (f) and (g) as previously approved. RECONVENE IN OPEN SESSION Once all discussion concluded in closed session, the Board of Commissioners reconvened in open session at approximately 8:40 p.m. to consider action. Motion was made by Nash and seconded by Wilkerson to add Municipal Order No. 2008 – 207 to the agenda for consideration. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to add Municipal Order No. 2008 – 207 to the agenda was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 207 MUNICIPAL ORDER APPROVING A JOB DEVELOPMENT INCENTIVE FUND EMPLOYEE WITHHOLDINGS CREDIT AGREEMENT WITH METALS-N-MORE Summary of Municipal Order No. 2008 - 207 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2008 - 207 was approved by unanimous vote. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 8:42 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 9 (Minutes-Board of Commissioners-August 5, 2008) following subjects: 1) draft ordinance prohibiting solicitation of occupants of motor vehicles on public streets; 2) overview and update of Sidewalk Program; and 3) traffic lights on Park Row located at the corners of State Street and College Street. A majority of the Board members concurred with the recommendation by staff that the two traffic lights remain on Park Row for increased pedestrian safety. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 10