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Board of Commissioners

Regular Meeting

Bowling Green, KY · January 5, 2010

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JANUARY 5, 2010 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 January 5, 2010. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Commissioner Hamilton, 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 Joe W. Denning, Commissioner Catherine Hamilton, Commissioner Brian “Slim” Nash, Commissioner Bruce Wilkerson and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. CITY MANAGER City Manager Kevin D. DeFebbo had not comments at this time. APPROVAL OF MINUTES Minutes of Regular Meeting December 15, 2009 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 Denning to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of December 15, 2009 was approved by unanimous vote. PUBLIC COMMENTS Robin Baldwin of 614 Covington Street began to express concerns about prior discussions of the Board of Commissioners related to the prohibition of traffic calming devices. Since there was an item on the agenda related to this topic, Mayor Walker asked if Ms. Baldwin would hold her comments until the Neighborhood Traffic Control Policy was up for discussion. Ms. Baldwin agreed. Janet Bowman of 1149 College Street stated concerns about her recent interaction with the Police Department. She confirmed that she had filed a formal complaint against two Police Officers with the Office of City Clerk. Mayor Walker said the City would look into the issue. CHANGE ORDER OF AGENDA Comm. Wilkerson made a motion, seconded by Nash, to change the order of the agenda to consider item number 13 (Ordinance No. BG2010 – 3) regarding rezoning at John D. Jones Road at this time. Walker called for roll call vote. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson 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-January 5, 2010) Motion to change the order of the agenda to consider Ordinance No. BG2010 – 3 at this time was approved by unanimous vote. ORDINANCE NO. BG2010 – 3 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 45.23 ACRES FROM AG (AGRICULTURE) TO RS-1D (SINGLE FAMILY RESIDENTIAL) LOCATED AT 280 JOHN D. JONES ROAD, WITH BINDING ELEMENTS, PRESENTLY OWNED BY JERSEY DEVELOPMENT, LLC Title and summary of Ordinance No. BG2010 - 3 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hamilton for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter provided an overview of the recommended rezoning and its associated binding elements. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2010 - 3 was approved by unanimous vote. RESUME REGULAR AGENDA MUNICIPAL ORDER NO. 2010 – 1 MUNICIPAL ORDER RECONSIDERING AND RESCINDING VOTE ON MUNICIPAL ORDER NO. 2009-251 RELATED TO REIMBURSEMENT OF TRAVEL EXPENSES FOR MAYOR ELAINE N. WALKER TO PARTICIPATE AS A PANELIST AT THE NATIONAL LEAGUE OF CITIES (NLC) AND BROOKINGS INSTITUTION / FISCAL CHALLENGES AND ECONOMIC RECOVERY SEMINAR IN WASHINGTON D.C. Summary of Municipal Order No. 2010 – 1 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hamilton for consideration of said Municipal Order. Mayor Walker explained that there may have been some confusion at the last meeting regarding this travel approval. She said the Board simply needed to accept the funds from NLC for reimbursement of the expenses charged to the City. She acknowledged that she understood Comm. Nash’s comments from the previous meeting with relation to not charging expenses to the City in the future if another organization would be responsible for those costs. Mayor Walker pointed out that the City had already received and deposited the funds from NLC and in order to save staff time, she requested that the Board reconsider and accept the reimbursement. There was discussion regarding whether or not travel expenses related to NLC should be considered City business since the Board removed the cost of membership dues to the organization when the Legislative budget was developed for this fiscal year. In response to questions about the intent of the Municipal Order by Comm. Nash, City Attorney Gene Harmon confirmed that if this 2 (Minutes-Board of Commissioners-January 5, 2010) item was not approved the Mayor would be personally responsible to reimburse the City for the expenses. He explained that the City would need to send the funds received back to NLC and NLC would then need to issue a reimbursement check directly to Mayor Walker. Mayor Walker remarked there was no guarantee that NLC would issue a second check back to her. Comm. Nash stated his position on the issue had not changed. He asserted that the City credit card should not be used for NLC trips. Comm. Wilkerson indicated it was clear what was voted on at the last meeting and his vote had not changed either. Mayor Walker outlined the purpose of the trip which was to discuss fiscal conditions among local governments and she handed out materials for review. She indicated that she had been invited to be a panelist as a representative from a city that was dependent on the automotive industry. While in Washington, Mayor Walker specified that she also met with officials to discuss the proposed consolidation of the postal service facilities and to voice the City’s opposition to such a move. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning and Hamilton Voting Nay: Nash and Wilkerson Abstain: Walker Municipal Order No. 2010 - 1 failed for lack of a majority vote. MUNICIPAL ORDER NO. 2010 – 2 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF ALEX RAY LACKEY AND JERRY W. PHELPS TO THE BOWLING GREEN-WARREN COUNTY MILITARY LIAISON BOARD Summary of Municipal Order No. 2010 - 2 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. Mayor Walker indicated that these reappointments were requested by the Military Liaison Board. She asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 2 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 3 MUNICIPAL ORDER AUTHORIZING CHANGE ORDER NO. THREE TO THE CONTRACT WITH SCOTTY’S CONTRACTING AND STONE, LLC OF BOWLING GREEN, KENTUCKY FOR THE WEST CAMPUS GREENWAYS CONNECTOR, PHASE II PROJECT IN THE AMOUNT OF $31,783.23 Summary of Municipal Order No. 2010 – 3 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hamilton for consideration of said Municipal Order. DeFebbo reviewed the greenways project which was being paid for with grant funding. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None 3 (Minutes-Board of Commissioners-January 5, 2010) Municipal Order No. 2010 - 3 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 4 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2010-24 FOR THE SLOAN CONVENTION CENTER LOBBY TILE REPLACEMENT PROJECT FROM DEWEESE CARPET & FLOOR COVERING OF BOWLING GREEN, KENTUCKY AND HS DEVELOPMENT LLC OF RICHMOND, KENTUCKY IN THE TOTAL AMOUNT OF $37,953.63 Summary of Municipal Order No. 2010 – 4 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 noted that the Board members had discussed this item at the Convention Center Corporation Board of Directors meeting held earlier that afternoon. He reviewed the bidding process and recommended its approval. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 4 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 5 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF 2010 GRANT FUNDS FROM THE APPALACHIA HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) THROUGH THE OFFICE OF NATIONAL DRUG CONTROL POLICY IN THE AMOUNT OF $30,000 Summary of Municipal Order No. 2010 - 5 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 explained that these grant funds would be used to pay overtime costs related to two Police Officers assigned to the Drug Task Force. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 5 was approved by unanimous vote. ORDINANCE NO. BG2010 – 1 (First Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER TWO TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2010 Title and summary of Ordinance No. BG2010 - 1 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hamilton for first reading of said Ordinance. 4 (Minutes-Board of Commissioners-January 5, 2010) DeFebbo remarked that periodic changes were needed throughout the year to adjust the adopted budget. Chief Financial Officer Jeff Meisel outlined the amendments recommended at this time. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2010 - 1 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 6 MUNICIPAL ORDER APPROVING RECOMMENDATION FROM THE BOWLING GREEN AREA CONVENTION AND VISITORS BUREAU (CVB) TO DISTRIBUTE $35,000 OF TRANSIENT ROOM TAXES TO THE KENTUCKY MUSEUM THROUGH THE WKU FOUNDATION Summary of Municipal Order No. 2010 - 6 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 reviewed both this item and the next (Municipal Order No. 2010 – 7) which related to the use of special tourism funds and were recommended by the CVB. Bowling Green Area Convention and Visitors Bureau Executive Director Vicki Fitch expressed enthusiasm for the installation of a horse exhibit at the Kentucky Museum in time for the World Equestrian Games to be held this fall in Lexington. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 6 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 7 MUNICIPAL ORDER APPROVING RECOMMENDATION FROM THE BOWLING GREEN AREA CONVENTION AND VISITORS BUREAU (CVB) TO DISTRIBUTE $25,000 OF TRANSIENT ROOM TAXES TO THE FRIENDS OF LOST RIVER, INC. Summary of Municipal Order No. 2010 - 7 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hamilton for consideration of said Municipal Order. DeFebbo reviewed this item with Municipal Order No. 2010 – 6. Ms. Fitch commented about the ability to increase boat tours at Lost River Cave with the completion of improvements to the cave. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 7 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 8 MUNICIPAL ORDER APPROVING A KENTUCKY INFRASTRUCTURE AUTHORITY FEDERALLY ASSISTED WASTEWATER REVOLVING LOAN FUND ASSISTANCE 5 (Minutes-Board of Commissioners-January 5, 2010) AGREEMENT IN THE AMOUNT OF $135,000 FOR WASTEWATER SYSTEM IMPROVEMENTS Summary of Municipal Order No. 2010 - 8 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hamilton for consideration of said Municipal Order. DeFebbo recounted that the City previously approved the application (by Municipal Order No. 2009 – 177) for stimulus funding which would be used by Bowling Green Municipal Utilities (BGMU) to purchase two (2) mobile emergency generators for the wastewater pumping stations. He indicated this item related to the approval of the agreement for that funding and that BGMU would be responsible for the loan. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 8 was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 9 MUNICIPAL ORDER ESTABLISHING THE TRAFFIC FEATURE MAP AND APPROVING NEIGHBORHOOD TRAFFIC CONTROL POLICY Summary of Municipal Order No. 2010 - 9 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hamilton for consideration of said Municipal Order. DeFebbo outlined the culmination of this Policy which was discussed at the last work session (December 15, 2009) and considers the science, neighbor requests and political resolve related to traffic issues. He advised that based on the consensus of the Board at that work session all reference to the use of traffic calming devices, such as speed bumps, humps and tables, as a possible solution to address traffic issues had been removed from the Policy. Robin Baldwin of 614 Covington Street spoke about safety concerns and traffic issues in her neighborhood and near Potter Gray Elementary School, some of which were addressed with the addition of a flashing stop sign and installation of thermal rumble strips. She said she worked successfully with City staff to find a solution to reduce speeding and that the rumble strips were considered a great alternative to speed bumps, since they were the least intrusive. Ms. Baldwin urged the Board to allow the consideration of rumble strips as a possible means to slow drivers and increase safety. Mr. DeFebbo confirmed that the Policy was silent on the use of rumble strips and that he considered them to be a traffic calming device prohibited from use. Comm. Wilkerson agreed that assessment was also his impression. Comm. Denning expressed concerns about closing the door completely on the ability to address unique intersections, like the one at Collette Lane, by eliminating the use of any kind of traffic calming device, even the use of rumble strips. In response to a question from Mayor Walker, Mr. DeFebbo suggested that the possible use of rumble strips be specifically added to the Policy in order to avoid any ambiguity in the future if that was the desire of the Board. Motion was made by Denning, seconded by Nash, to amend the Neighborhood Traffic Control Policy to include the use of rumble strips as a possible requested solution to address traffic conditions in neighborhoods (Page 5, part 3 Amendment by Request, new letter D. Rumble Strips, with other 6 (Minutes-Board of Commissioners-January 5, 2010) conditions designated…as letter E). With no further discussion, a roll call vote was taken on the amendment. ROLL CALL: Voting Yea: Denning, Hamilton, Nash and Walker Voting Nay: Wilkerson Motion to amend the Neighborhood Traffic Control Policy incorporated in Municipal Order No. 2010 – 9 was approved by majority vote. Comm. Nash stated he would support this action tonight because he believed that the Policy as a whole was well crafted. However, he wanted to once again register his objection to eliminating the use of speed bumps, humps and tables altogether from consideration. Mayor Walker commended staff for their work on drafting the Policy. She remarked that the comments made by Assistant Fire Chief Keith Mefford during the work session discussion regarding the impact that traffic calming devices had on emergency response time was the most telling to her. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 9 as amended was approved by unanimous vote. MUNICIPAL ORDER NO. 2010 – 10 MUNICIPAL ORDER APPROVING APPLICATION RELATED TO TAX INCREMENT FINANCING (TIF) PROJECTS Summary of Municipal Order No. 2010 - 10 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hamilton for consideration of said Municipal Order. DeFebbo recounted that a draft application was discussed at the last work session and was developed to assist with providing a consistent information gathering tool for consideration of proposed TIF projects. Based on comments from the Board during that work session discussion, he noted that the application presented tonight was a more streamlined version. City Attorney Gene Harmon confirmed that this application was only required for projects proposed to locate in the WKU Gateway to Downtown TIF District and only for those requesting TIF assistance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2010 - 10 was approved by unanimous vote. ORDINANCE NO. BG2010 – 2 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF AN ALLEY NEAR 11TH AVENUE AND STATE STREET Title and summary of Ordinance No. BG2010 - 2 was read by the Assistant City Manager/City Clerk. Motion was made by Hamilton and seconded by Nash for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter reviewed the recommended street closure 7 (Minutes-Board of Commissioners-January 5, 2010) which was at the request of the State Street Methodist Church for a planned expansion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash and Walker Voting Nay: None Abstain: Wilkerson First reading of Ordinance No. BG2010 - 2 was approved by majority vote. Comm. Wilkerson stated he had a conflict of interest as a property owner in the area. Note: First reading of Ordinance No. BG2010 – 3 was considered at the beginning of the agenda. ORDINANCE NO. BG2010 – 4 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 5.94 +/- ACRES FROM RM-4 (MULTI-FAMILY RESIDENTIAL), P (PUBLIC), GB (GENERAL BUSINESS) AND NB (NEIGHBORHOOD BUSINESS) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED IN BLOCK 12 OF THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN TAX INCREMENT FINANCING (TIF) DISTRICT, WITH BINDING ELEMENTS, PRESENTLY OWNED BY WESTERN KENTUCKY UNIVERSITY AND BOWLING GREEN SPE, INC. Title and summary of Ordinance No. BG2010 - 4 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 summarized the elements of this recommended rezoning and its binding elements. He indicated that the property was located within the University District Overlay area and was a part of the Western Kentucky University (WKU) Growth Area Revitalization Project Chapter 99 Plan adopted by the City in 2004. Mr. Hunter responded to questions about estimated parking for the development and a completed traffic study which only looked at adjacent roadways. Mayor Walker expressed concerns about the increased traffic flow from the proposed development and the impact it would have on the residential neighborhood, specifically the safety of its children. In comparison to traffic issues arising out of a near by development to the Shawnee Way neighborhood a few years ago, Mayor Walker inquired why the surrounding area to this development was not included in the traffic study. Mr. Hunter stated that the traffic study did recommend that a future circulation study be done; however, it was not required at this time. City Engineer Jeff Lashlee reviewed the requirements for a traffic impact study which would identify areas that need to be looked at for intersection and pedestrian safety. Kevin Brooks, attorney representing Bowling Green SPE, Inc., addressed the commitments (subsequent binding elements) made by the property owners and developers during the Planning Commission’s public hearing of the rezoning. He indicated that further study could be completed, but at whose expense he was not certain. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash and Wilkerson Voting Nay: Walker 8 (Minutes-Board of Commissioners-January 5, 2010) First reading of Ordinance No. BG2010 - 4 was approved by majority vote. ORDINANCE NO. BG2010 – 5 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF 14TH AVENUE AND AN UNUSED ALLEY, LOCATED BETWEEN CENTER STREET AND KENTUCKY STREET Title and summary of Ordinance No. BG2010 - 5 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 reviewed the recommended street and alley closures as part of the Block 12 development discussed with the previous item for consideration (Ordinance No. BG2010 – 4). He remarked that the existing roadway was located in the middle of the proposed development. Mr. DeFebbo reported that the City had initially invested approximately $400,000 to realign th 14 Avenue about three years ago and that the City still carried the debt from that project. In addition, he specified that GASB34 accounting requirements provided that all assets, including roadways and infrastructure, be assigned a value which is to be reported annually to the IRS. Since the Chapter 58 Corporation (also known as Warren County Downtown Economic Development Authority and associated with Bowling Green SPE, Inc.), WKU and developers were buying property in this area, he recommended that the City also be paid for the value of its property as well. Based on the GASB34 accounting methods, the closure of only a portion of 14th Avenue, the depreciation of the asset to date and the amount of debt remaining, Mr. DeFebbo declared the asset value to be approximately $175,650. He further recommended that the City be paid in cash for its property prior to the second reading of this ordinance. Comm. Denning concurred with the City Manager’s assessment. Kevin Brooks, attorney for Bowling Green SPE, Inc. and Chapter 58 Corporation, acknowledged that $175,650 was a reasonable amount. He indicated that he and City Attorney Gene Harmon were working to determine the legal process by which to proceed. In the mean time, Mr. Brooks requested that the Board approve first reading of the ordinance. In response to a question from Mayor Walker about the ability to amend the ordinance to stipulate the requirement for payment, Mr. Harmon voiced concern with placing a condition on a street closing ordinance. He explained that as soon as the ordinance received second reading and was published in the newspaper, the road would be immediately and permanently closed. He opined that a determination of the matter of payment should be made prior to second reading. Comm. Hamilton stated she did not want to give anything away and she supported the amount recommended by the City Manager. Comm. Nash inquired if the Chapter 58 Corporation might be allowed to make payment for the portion of the City’s mortgage (debt) designated to 14th Avenue over time as an alternative to a cash payment. Chief Financial Officer Jeff Meisel indicated it would be difficult to accurately administer such payments and he also recommended the cash payout based on the value assigned by GASB34. Mr. DeFebbo advised that it would be cleaner for the City to receive 9 (Minutes-Board of Commissioners-January 5, 2010) payment in full. There was a consensus from Board members that they agreed to the value recommended by the City Manager of $175,650. On an unrelated topic to the street closing, but in relation to TIF development, Mr. DeFebbo mentioned the City had made no commitment to date to share in additional costs incurred by the Chapter 58 Corporation as it related to stormwater development tied to the retention basin being installed in Block 6. He explained that the City had proposed to apply CDBG-R grant funds to complete improvements to stormwater infrastructure at 8th Avenue and State Street which would tie into the retention basin. However, he was not certain what funding if any would be left over from the City’s project. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2010 - 5 was approved by unanimous vote. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 9:00 p.m., Mayor Walker declared this meeting adjourned. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 10

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL January 5, 2010, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting December 15, 2009 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Municipal Order No. 2010 – 1 Municipal Order reconsidering and rescinding vote on Municipal Order No. 2009-251 related to reimbursement of travel expenses for Mayor Elaine N. Walker to participate as a panelist at the National League of Cities and Brookings Institution / Fiscal Challenges and Economic Recovery Seminar in Washington D.C. (Filed 12/29/2009, 1:45 p.m.) 2. Municipal Order No. 2010 – 2 Municipal Order approving the reappointments of Alex Ray Lackey and Jerry W. Phelps to the Bowling Green-Warren County Military Liaison Board (Filed 12/29/2009, 7:30 a.m.) 3. Municipal Order No. 2010 – 3 Municipal Order authorizing Change Order No. Three to the contract with Scotty’s Contracting and Stone, LLC of Bowling Green, Kentucky for the West Campus Greenways Connector, Phase II project in the amount of $31,783.23 (Filed 12/29/2009, 3:00 p.m.) (Agenda-January 5, 2010) 4. Municipal Order No. 2010 – 4 Municipal Order authorizing and accepting Bid #2010-24 for the Sloan Convention Center Lobby Tile Replacement Project from Deweese Carpet & Floor Covering of Bowling Green, Kentucky and HS Development LLC of Richmond, Kentucky in the total amount of $37,953.63 (Filed 12/29/2009, 3:40 p.m.) 5. Municipal Order No. 2010 – 5 Municipal Order authorizing the acceptance of 2010 grant funds from the Appalachia High Intensity Drug Trafficking Area (HIDTA) through the Office of National Drug Control Policy in the amount of $30,000 (Filed 12/30/2009, 9:30 a.m.) 6. Ordinance No. BG2010 – 1 ORDINANCE RELATING TO BUDGET AMENDMENT (First Reading) Ordinance approving Amendment Number Two to the City of Bowling Green, Kentucky Annual Operating Budget for Fiscal Year 2010 (Filed 12/30/2009, 11:55 a.m.) 7. Municipal Order No. 2010 – 6 Municipal Order approving recommendation from the Bowling Green Area Convention and Visitors Bureau to distribute $35,000 of transient room taxes to the Kentucky Museum through the WKU Foundation (Filed 12/16/2009, 8:30 a.m.) 8. Municipal Order No. 2010 – 7 Municipal Order approving recommendation from the Bowling Green Area Convention and Visitors Bureau to distribute $25,000 of transient room taxes to the Friends of Lost River, Inc. (Filed 12/16/2009, 8:30 a.m.) 9. Municipal Order No. 2010 – 8 Municipal Order approving a Kentucky Infrastructure Authority Federally Assisted Wastewater Revolving Loan Fund Assistance Agreement in the amount of $135,000 for wastewater system improvements (Filed 12/30/2009, 1:00 p.m.) 10. Municipal Order No. 2010 – 9 Municipal Order establishing the Traffic Feature Map and approving Neighborhood Traffic Control Policy (Filed 12/21/2009, 9:00 a.m.) 11. Municipal Order No. 2010 – 10 Municipal Order approving application related to Tax Increment Financing Projects (Filed 12/29/2009, 4:10 p.m.) 2 (Agenda-January 5, 2010) 12. Ordinance No. BG2010 – 2 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (First Reading) Ordinance approving the closing of a portion of an alley near 11th Avenue and State Street (Filed 12/14/2009, 2:30 p.m.) 13. Ordinance No. BG2010 – 3 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 45.23 acres from AG (Agriculture) to RS-1D (Single Family Residential) located at 280 John D. Jones Road, with binding elements, presently owned by Jersey Development, LLC (Filed 12/17/2009, 2:15 p.m.) 14. Ordinance No. BG2010 – 4 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 5.94 +/- acres from RM-4 (Multi-Family Residential), P (Public), GB (General Business) and NB (Neighborhood Business) to PUD (Planned Unit Development) located in Block 12 of the WKU Gateway to Downtown Bowling Green Tax Increment Financing (TIF) District, with binding elements, presently owned by Western Kentucky University and Bowling Green SPE, Inc. (Filed 12/14/2009, 2:30 p.m.) 15. Ordinance No. BG2010 – 5 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (First Reading) Ordinance approving the closing of a portion of 14th Avenue and an unused alley, located between Center Street and Kentucky Street (Filed 12/14/2009, 2:30 p.m.) NEXT SCHEDULED MEETING January 19, 2010 ADJOURNMENT 3

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