Board of Commissioners
Regular MeetingBowling Green, KY · January 5, 2010
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
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(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
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(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.
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(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
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(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
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(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
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(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
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(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
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(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
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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
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