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Board of Commissioners

Regular Meeting

Bowling Green, KY · April 5, 2011

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held APRIL 5, 2011 The Board of Commissioners of the City of Bowling Green, Kentucky met in regular session in the Commission Chamber of City Hall, Bowling Green, Kentucky at 7:00 p.m. on April 5, 2011. Mayor Joe W. Denning called the meeting to order. An invocation was given by Commissioner Brian “Slim” Nash, 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 Melinda M. Hill, Commissioner Brian “Slim” Nash, Commissioner Bill Waltrip, Commissioner Bruce Wilkerson and Mayor Joe W. Denning. Absent: none. There was a full quorum of the Board of Commissioners. PUBLIC HEARING Housing and Grants Manager Brent Childers conducted a public hearing for the purpose of receiving comments about the Annual Action Plan draft for the Year 8 Community Development Block Grant (CDBG) Entitlement Program. He provided an overview of the program, the eligible uses of funding received from the U.S. Department of Housing and Urban Development (HUD), and the involvement of citizens in the planning process. Subject to the availability of funds which was estimated to be $560,000 for Fiscal Year 2012, Mr. Childers announced that the Citizen Review Committee recommended funding nine out of eleven programs submitted for consideration, including the following: 1. $25,000 to the BG/WC Welfare Center to provide one-time rental or utility assistance to low- to-moderate income (LMI) individuals; 2. $33,000 to the Bowling Green Human Rights Commission to continue its fair housing education program; 3. $12,250 to Bellewood Presbyterian Homes for Children to help fund the first year of an Independent Living Counselor position to teach homeless youths basic living skills; 4. $60,000 to the Housing Authority of Bowling Green to expand the Learning Center at the Phenix Place Apartments; 5. $50,000 to the Housing Authority of Bowling Green for its Small Business Training and Technical Assistance Program; 6. $50,000 to Community Ventures Corporation to provide small business training/technical assistance and micro-lending to LMI individuals; 7. $31,750 to Community Action of Southern Kentucky to provide childcare services in LMI areas; 8. $15,000 to Community Action of Southern Kentucky to provide transportation services for disable persons; and, 9. $150,000 to CASA of Southern Kentucky to acquire a building to house offices and space for counseling and volunteer training. In addition, Mr. Childers reported that $56,000 would be set aside for infrastructure improvements within approved Census tracts and $77,000, or approximately 13%, of the total allocation would be used for administrative expenses. *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-April 5, 2011) Mr. Childers also reviewed a recommendation to amend the Year 3 Action Plan from Fiscal Year 2007. He reported that $250,000 was allocated to The Housing Fund to develop a financing pool for low-income housing construction, of which only $168,000 had been spent. Since The Housing Fund closed its local office in November 2010, a remaining balance of $82,000 was available for another use. Mr. Childers recommended allocating the $82,000 for public infrastructure improvements and be utilized as part of the CDBG funded Boatlanding Road Sidewalk Project which was expected to begin construction in July 2011. With no comments received from the public during the hearing, Mr. Childers noted that the public comment period would end on April 18, 2011, with the final draft of the Year 8 Annual Action Plan and amendment to the Year 3 Action Plan presented to the Board of Commissioners for its consideration at the May 3rd regular meeting. AWARDS & RECOGNITIONS City Manager Kevin D. DeFebbo explained that the City provides a tuition assistance program to help employees continue their education. He congratulated Code Enforcement Support Specialist Tabitha Joiner, who has been with the City for ten years, for receiving her college degree last week. Mayor Denning congratulated Ms. Joiner and stated he was glad to have her as a City employee. Mayor Denning recognized and welcomed six WKU students who were in attendance at the meeting. He also commended the Police Department and Detective Barry Raley for recently solving the cold case of a 2005 double homicide which led to an indictment by the Warren County grand jury. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion about 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, and discussion of proposed and pending litigation against the City. Motion was made by Wilkerson and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (b) and (c). Denning called for roll call vote. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (b) and (c) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting March 15, 2011 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 Waltrip to approve said minutes as written. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Motion to approve the minutes of the regular meeting of March 15, 2011 was approved by unanimous vote. 2 (Minutes-Board of Commissioners-April 5, 2011) BOARD OF COMMISSIONERS COMMENTS After seeing the list of candidates reported in the Daily News recently that had applied for the vacant Commissioner seat, Comm. Hill expressed her appreciation to the Board of Commissioners for selecting her among the group of highly qualified individuals. She announced that over the past few weeks she had met with the various senior management staff and was impressed by each one of them and with the quality and commitment all the employees have made to the citizens of the City. Comm. Hill thanked Mr. DeFebbo for doing such a great job managing the City, and she encouraged the public to take the time to thank a City employee. Along those lines, Comm. Nash remarked about a recent letter to the editor in the Daily News that recognized Kevin Meredith, a Public Works employee, who was driving along in a City vehicle and noticed a small dog being attacked and stopped to help the dog’s owners and to save the dog. Comm. Nash stated that action shows the caliber of employees the City recruits and he voiced his appreciation to the ladies for writing the letter. Comm. Wilkerson reminded everyone that Saturday, April 23rd would be Warren County’s household hazardous waste collection day and encouraged residents to take advantage of this opportunity to dispose of those things that cannot simply be thrown in the trash. PUBLIC COMMENTS Attorney Alan Simpson, resident of Bowling Green and representing a couple of business owners, asked the Board of Commissioners to reconsider the smoke-free workplace Ordinance No. BG2011-5 (amending Chapter 13 (Health) of the Code of Ordinances), which was set to take effect April 28th, particularly with the new composition of the Board having added Comm. Hill. He further requested that the Board open a dialogue with citizens and businesses to discuss the ordinance and the impact a smoking ban might have on the survival of some businesses. Mr. Simpson asserted that the Bowling Green Police Department had better things to do than issue smoking citations to individuals who did not comply with the new regulations and that it was unfair to double fines if someone contested a citation and lost the appeal. He suggested that the Board seriously consider certain exemptions to the ordinance, similar to those outlined in a Tennessee state-wide law, a copy of which was handed out for review. Mr. Simpson alleged that there were many problems with the ordinance that needed to be addressed and he asked to discuss those further with the City. Doug Cropper, owner of Other Side Fun Park, inquired if private clubs or member only clubs were exempt. City Attorney Gene Harmon declined to provide a specific answer without more information to determine if Mr. Cropper’s business fit within the definition of a private club. Mr. Cropper expressed his opposition to the ordinance because he believed it would hurt businesses and cost the City revenues. As an alterative to the City-wide ban, he suggested the City consider a permit requirement for a business that wanted to operate a smoking facility. Regardless of his personal vote on the issue, Mayor Denning reiterated that Ordinance No. BG2011-5 was adopted by the Board of Commissioners and packets containing informational materials were being prepared to be distributed in the next week. He stated he appreciated the concerns expressed, but replied that he did not know of any interest from the other Board members to revisit the ordinance at this time. 3 (Minutes-Board of Commissioners-April 5, 2011) ORDINANCE NO. BG2011 – 10 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 2.046 ACRES FROM OP-R (OFFICE PROFESSIONAL – RESIDENTIAL) TO GB (GENERAL BUSINESS) LOCATED AT DISHMAN LANE EXTENSION, LOTS 12, 13 AND 14 OF WOODLAND STATION SUBDIVISION, PRESENTLY OWNED BY SHELTON INVESTMENTS, LLC Title and summary of Ordinance No. BG2011 - 10 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Wilkerson for second reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 10 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 11 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 9.0239 ACRES FROM HI (HIGHWAY INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT THE INTERSECTION OF NASHVILLE ROAD AND MEMPHIS JUNCTION ROAD, PRESENTLY OWNED BY LEON TARTER AND REEVES FAMILY, LLC, WITH KANUBHAI PATEL AS CONTRACT VENDEE Title and summary of Ordinance No. BG2011 - 11 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for second reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 11 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 12 (Second Reading) ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING ARTICLES 1, 2, 3 AND 4 OF THE ZONING ORDINANCE FOR THE CITY OF BOWLING GREEN, KENTUCKY AS RECOMMENDED BY THE CITY-COUNTY PLANNING COMMISSION Title and summary of Ordinance No. BG2011 - 12 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for second reading of 4 (Minutes-Board of Commissioners-April 5, 2011) said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 12 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 13 (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 2011 Title and summary of Ordinance No. BG2011 - 13 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for second reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 13 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 14 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 4 (ALCOHOLIC BEVERAGE CONTROL) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO RESCIND LANGUAGE RELATING TO THE POSSESSION OF DEADLY WEAPONS ON PREMISES LICENSED FOR THE SALE OF ALCOHOLIC BEVERAGES AND TO MAKE OTHER ADMINISTRATIVE AMENDMENTS Title and summary of Ordinance No. BG2011 - 14 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 Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 14 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 15 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 22 (TRAFFIC AND MOTOR VEHICLES) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO PERMIT THE OPERATION OF GOLF CARTS ON CITY STREETS 5 (Minutes-Board of Commissioners-April 5, 2011) Title and summary of Ordinance No. BG2011 - 15 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for second reading of said Ordinance. Comm. Waltrip commented about a concern with underage people using golf carts in Talbot Place Subdivision and asked the City Manager to alert the Police Department about the situation. He also requested that City staff educate the public about the new requirements. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Ordinance No. BG2011 - 15 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2011 – 55 MUNICIPAL ORDER APPROVING THE APPOINTMENTS OF MICHAEL BARRON AND BARBARA HINES TO THE HOBSON HOUSE COMMISSION Summary of Municipal Order No. 2011 - 55 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 Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 55 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 56 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF BILL FINLEY, JOHN P. WILLIAMS AND LAURA SOUTHARD TO THE URBAN GROWTH DESIGN REVIEW BOARD Summary of Municipal Order No. 2011 - 56 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Wilkerson for consideration of said Municipal Order. Mayor Denning recommended the appointments and asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 56 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 54 MUNICIPAL ORDER APPROVING AGREEMENT WITH QUAIL FOREVER, CHAPTER #3144 RELATED TO USE OF PARK PROPERTY FOR A LAND MANAGEMENT PROJECT Summary of Municipal Order No. 2011 - 54 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for consideration of said Municipal Order. DeFebbo noted that this item was removed from the previous meeting’s agenda to verify there was no potential conflict with the proposed Whitewater Park Project development discussed during the earlier work session. He also confirmed that no City money would be involved in this land 6 (Minutes-Board of Commissioners-April 5, 2011) management project. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 54 was approved by unanimous vote. ORDINANCE NO. BG2011 – 16 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.684 ACRE FROM RM-4 (MULTI-FAMILY RESIDENTIAL) TO OP-C (OFFICE PROFESSIONAL-COMMERCIAL) LOCATED AT 1602 WESTEN STREET, PRESENTLY OWNED BY TIM AND JAMIE WHITAKER, WHITAKER ENTERPRISES LIMITED PARTNERSHIP Title and summary of Ordinance No. BG2011 - 16 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None First reading of Ordinance No. BG2011 - 16 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 57 MUNICIPAL ORDER APPROVING THE BOATLANDING ROAD AREA SIDEWALK PROJECT AND AUTHORIZING THE CITY LAW DEPARTMENT TO NEGOTIATE THE PURCHASE OF PROPERTIES NECESSARY FOR THIS PROJECT AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE DEEDS, EASEMENTS AND OTHER DOCUMENTS RELATED TO LAND PURCHASES NECESSARY FOR THIS PROJECT Summary of Municipal Order No. 2011 - 57 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 reiterated the need for sidewalks as discussed during the work session and a request by the neighborhood last summer to build sidewalks in the Boatlanding Road area. He specified that the City was maximizing every source of funding to accomplish this goal, with this particular project utilizing Community Development Block Grant (CDBG) funds. In response to a question from Comm. Hill, Housing and Grants Manager Brent Childers explained the need for preliminary approval of the project in order to proceed and the reallocation of Year 3 CDBG funds to be considered separately. Mr. DeFebbo affirmed that current year CDBG funds would be aggregated with funding from the other year to contribute toward the total project cost. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. 7 (Minutes-Board of Commissioners-April 5, 2011) ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 57 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 58 MUNICIPAL ORDER AUTHORIZING THE APPROVAL AND SUBMISSION OF FISCAL YEAR 2012 ANNUAL PLAN FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM Summary of Municipal Order No. 2011 - 58 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for consideration of said Municipal Order. DeFebbo indicated that there were 606 Section 8 vouchers provided to assist with rental payments and noted that approval of an annual program plan was required by U.S. Department of Housing and Urban Development (HUD). Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 58 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 59 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN PINE TERRACE SUBDIVISION Summary of Municipal Order No. 2011 - 59 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reviewed the acceptance for street maintenance once new developments met all appropriate requirements and passed inspection. City-County Planning Commission Director Steve Hunter responded to questions about the intermittent installation of sidewalks in the development as lots are built out. He also confirmed that both the Planning Commission and Public Works Department inspect developments to verify the required standards in place at that time are met before acceptance takes place. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 59 was approved by unanimous vote. ORDINANCE NO. BG2011 – 17 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 11 (FINANCE, TAXATION AND ECONOMIC DEVELOPMENT) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO MAKE AMENDMENTS TO THE JOB DEVELOPMENT INCENTIVE PROGRAM 8 (Minutes-Board of Commissioners-April 5, 2011) Title and summary of Ordinance No. BG2011 - 17 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for first reading of said Ordinance. DeFebbo specified that in addition to the State, the City provides incentives to assist new businesses locating in Bowling Green or existing businesses expanding in Bowling Green. Chief Financial Officer Jeff Meisel provided an overview of the proposed revisions which align with changes made in the State’s inventive program about a year ago. He reported that since 2007, the City approved incentives for fifteen projects bringing 1,100 new jobs and approximately $2.1 million in withholdings to the City over the period of the incentives. Mr. DeFebbo reiterated that anytime the State gives an incentive, the City is asked to give up one percent (1%) of the 1.85% occupational license fee as a local incentive. In addition, City Attorney Gene Harmon reviewed changes recommended to the activation date for local incentive agreements to follow the State’s activation date. Comm. Waltrip remarked that until he joined the Job Development Incentive Program Committee, he did not realize how much involvement the City had in providing incentives to recruit and retain businesses. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None First reading of Ordinance No. BG2011 - 17 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 60 MUNICIPAL ORDER APPROVING ASSIGNMENT OF PURCHASE AGREEMENT RELATED TO 215 COLLEGE STREET AND ASSIGNMENT OF SALES AND PURCHASING CONTRACT RELATED TO FOUR TRACTS OF PROPERTY LOCATED ON COLLEGE STREET BETWEEN 215 COLLEGE STREET AND THIRD AVENUE Summary of Municipal Order No. 2011 - 60 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 reported that the City learned about an opportunity to acquire property contiguous to the existing Parks and Recreation facilities that could be used for future recreational expansion. He indicated that this type of opportunity does not come along often and he recommended the approval of the purchase in the total amount of $338,455. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 60 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 61 MUNICIPAL ORDER WAIVING PROVISIONS OF ORDINANCE NO. BG2010-37 AND APPROVING DONATION OF POLICE SERVICES TO THE BG/WC HUMANE SOCIETY 5K WALK SPECIAL EVENT TO BE HELD ON APRIL 16, 2011 Summary of Municipal Order No. 2011 - 61 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal 9 (Minutes-Board of Commissioners-April 5, 2011) Order. Comm. Hill requested clarification that the reason for this item to come before the Board was because the City provided annual funding to the Humane Society as a contract agency. Comm. Nash, sponsor of the Municipal Order, confirmed that since the Humane Society was funded primarily by the City and County, he thought it was appropriate to waive the fee and to donate the Police services. In an effort to share ideas for possible macro changes to Ordinance No. BG2011-37, Comm. Nash requested that the Board once again discuss the use of Police services for special events at an upcoming work session. Mr. DeFebbo agreed. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip, Wilkerson and Denning Voting Nay: None Municipal Order No. 2011 - 61 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 8:15 p.m. in closed session pursuant to KRS 61.810 (1) (b) and (c) as previously approved. Mr. DeFebbo stated there was no action expected to follow the discussion. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:15 p.m., Mayor Denning 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 subjects: 1) a presentation by the Bowling Green Riverfront Foundation about a proposed Whitewater Park Project to include a five phase development plan funded entirely by private donations/investments and possible grant funds, and incorporate mountain bike trails, an open green space or lawn, pump track, bouldering (large rock formation) play area and whitewater course located between McConnell Riverwalk Park and Weldon Peete Park; and 2) an overview of Fiscal Year 2011 proposed new sidewalk construction projects, including Fields Drive from Campbell Lane to Bakersfield Way, East 11 th Avenue from Covington Street to Magnolia Street, Russellville Road from Campbell Lane to Spring Hill Avenue, and Patton Way from Nashville Road to Navajo Drive. 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 April 5, 2011, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARING The purpose of this public hearing is to receive comments about the Annual Action Plan draft for the Year 8 Community Development Block Grant entitlement program. AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting March 15, 2011 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Ordinance No. BG2011 – 10 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 2.046 acres from OP-R (Office Professional – Residential) to GB (General Business) located at Dishman Lane extension, Lots 12, 13 and 14 of Woodland Station Subdivision, presently owned by Shelton Investments, LLC 2. Ordinance No. BG2011 – 11 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 9.0239 acres from HI (Highway Industrial) to PUD (Planned Unit Development) located at the intersection of Nashville Road and Memphis Junction Road, presently owned by Leon Tarter and Reeves Family, LLC, with Kanubhai Patel as contract vendee 3. Ordinance No. BG2011 – 12 ORDINANCE AMENDING ZONING ORDINANCE (Second Reading) Ordinance amending Articles 1, 2, 3 and 4 of the Zoning Ordinance for the City of Bowling Green, Kentucky as recommended by the City-County Planning Commission (Agenda-April 5, 2011) 4. Ordinance No. BG2011 – 13 ORDINANCE RELATING TO BUDGET AMENDMENT (Second Reading) Ordinance approving Amendment Number Four to the City of Bowling Green, Kentucky Annual Operating Budget for Fiscal Year 2011 5. Ordinance No. BG2011 – 14 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 4 (Alcoholic Beverage Control) of the City of Bowling Green Code of Ordinances to rescind language relating to the possession of deadly weapons on premises licensed for the sale of alcoholic beverages and to make other administrative amendments 6. Ordinance No. BG2011 – 15 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 22 (Traffic and Motor Vehicles) of the City of Bowling Green Code of Ordinances to permit the operation of golf carts on City streets 7. Municipal Order No. 2011 – 55 Municipal Order approving the appointments of Michael Barron and Barbara Hines to the Hobson House Commission (Filed 03/29/2011, 2:00 p.m.) 8. Municipal Order No. 2011 – 56 Municipal Order approving the reappointments of Bill Finley, John P. Williams and Laura Southard to the Urban Growth Design Review Board (Filed 03/18/2011, 2:00 p.m.) 9. Municipal Order No. 2011 – 54 Municipal Order approving agreement with Quail Forever, Chapter #3144 related to use of park property for a land management project (Re-filed 03/28/2011, 12:00 p.m.) 10. Ordinance No. BG2011 – 16 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 0.684 acre from RM-4 (Multi-Family Residential) to OP-C (Office Professional- Commercial) located at 1602 Westen Street, presently owned by Tim and Jamie Whitaker, Whitaker Enterprises Limited Partnership (Filed 03/10/2011, 4:15 p.m.) 2 (Agenda-April 5, 2011) 11. Municipal Order No. 2011 – 57 Municipal Order approving the Boatlanding Road Area Sidewalk Project and authorizing the City Law Department to negotiate the purchase of properties necessary for this project and further authorizing the Mayor to execute deeds, easements and other documents related to land purchases necessary for this project (Filed 03/29/2011, 2:15 p.m.) 12. Municipal Order No. 2011 – 58 Municipal Order authorizing the approval and submission of Fiscal Year 2012 Annual Plan for the Section 8 Housing Choice Voucher Program (Filed 03/29/2011, 2:15 p.m.) 13. Municipal Order No. 2011 – 59 Municipal Order approving construction and accepting maintenance of various streets in Pine Terrace Subdivision (Filed 03/29/2011, 4:30 p.m.) 14. Ordinance No. BG2011 – 17 ORDINANCE AMENDING CODE OF ORDINANCES (First Reading) Ordinance amending Chapter 11 (Finance, Taxation and Economic Development) of the City of Bowling Green Code of Ordinances to make amendments to the Job Development Incentive Program (Filed 03/28/2011, 4:30 p.m.) 15. Municipal Order No. 2011 – 60 Municipal Order approving Assignment of Purchase Agreement related to 215 College Street and Assignment of Sales and Purchasing Contract related to four tracts of property located on College Street between 215 College Street and Third Avenue (Filed 03/28/2011, 9:30 a.m.) 16. Municipal Order No. 2011 – 61 Municipal Order waiving provisions of Ordinance No. BG2010- 37 and approving donation of police services to the BG/WC Humane Society 5K Walk special event to be held on April 16, 2011 (Filed 03/28/2011, 9:30 a.m.) NEXT SCHEDULED MEETING April 19, 2011 ADJOURNMENT 3

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