Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held MARCH 17, 2015 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 March 17, 2015. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Mayor Wilkerson, 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 Sue Parrigin, Commissioner Rick Williams, Commissioner Joe W. Denning, Commissioner Melinda M. Hill and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Operation P.R.I.D.E. Executive Director Angie Alexieff presented P.R.I.D.E.’s February 2015 commercial award to the City of Bowling Green for improvements made at 707 East Main Avenue for the Neighborhood and Community Services Department. CITY MANAGER City Manager Kevin D. DeFebbo withdrew item number 5 (Municipal Order No. 2015 – 43) related to the lease of parking spaces in the city-owned parking lot adjacent to 801 State Street from the agenda. He also requested a closed session for the purpose of discussion about the sale of real property by the City as publicity would likely affect the value of the specific piece of property to be sold by the City, for proposed litigation against and on behalf of the City, and for discussions between the City and a representative of a business entity and discussions concerning a specific proposal, as open discussions would jeopardize the retention, expansion or upgrading of the business related to the Downtown Tax Increment Financing (TIF) District Block 6 wrap development. Motion was made by Hill and seconded by Denning to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (b), (c) and (g). Mayor Wilkerson called for roll call vote. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (b), (c) and (g) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting March 3, 2015 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Hill and seconded by Williams to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of March 3, 2015 was approved by unanimous vote. *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-March 17, 2015) PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. REGULAR AGENDA MUNICIPAL ORDER NO. 2015 – 39 MUNICIPAL ORDER APPROVING THE CAREER PATH ADVANCEMENT OF WESLEY D. JACKSON AND KEVIN T. PHELPS TO THE POSITION OF OPERATIONS TECHNICIAN I IN THE PUBLIC WORKS DEPARTMENT Summary of Municipal Order No. 2015 - 39 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. Public Works Director Jeff Lashlee mentioned a career path program was approved several years ago which provided an advancement opportunity for employees in the Operations Division who have met certain criteria. He reported that both of these individuals successfully completed the requirements and were recommended for promotion. Mayor Wilkerson congratulated the men and thanked them for their hard work. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2015 - 39 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 40 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF SEVEN CITY BOARD MEMBERS TO SERVE ON THE INTER- MODAL TRANSPORTATION AUTHORITY, INC. (ITA) BOARD OF DIRECTORS Summary of Municipal Order No. 2015 - 40 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. Mayor Wilkerson explained there had been a continuing effort to reapportion the ITA Board to a more manageable size of fourteen, with the remaining members divided equally among the City and Warren County. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2015 - 40 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 41 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF BARBARA HINES AND DR. L. MICHAEL TRAPASSO TO THE HOBSON HOUSE COMMISSION 2 (Minutes-Board of Commissioners-March 17, 2015) Summary of Municipal Order No. 2015 - 41 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. Mayor Wilkerson recommended the reappointments, and a roll call vote was taken. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2015 - 41 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 42 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. 2015 - 42 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. Mayor Wilkerson recommended the reappointments, and a roll call vote was taken. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2015 - 42 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 43 MUNICIPAL ORDER APPROVING LEASE AGREEMENT WITH STEAMER SEAFOOD BOWLING GREEN, LLC RELATED TO THE LEASE OF FORTY-NINE (49) PARKING SPACES IN THE CITY- OWNED PARKING LOT ADJACENT TO 801 STATE STREET Municipal Order No. 2015 - 43 was previously withdrawn from the agenda. ORDINANCE NO. BG2015 – 6 (First Reading) ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING ARTICLES 2 THROUGH 8 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. BG2015 - 6 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for first reading of said Ordinance. City- County Planning Commission Director Steve Hunter provided a brief overview of the more significant proposed changes to the Zoning Ordinance. He mentioned there was no opposition at the Planning Commission hearing and that Warren County Fiscal Court already had first reading regarding the proposed changes. However, he noted Fiscal Court decided to maintain the existing Zoning Ordinance language related to campaign signs found in Section 4.6.8.F.3.b(3). He explained that the Planning Commission had recommended a time limit for campaign signs to be displayed no more than 30 days prior to an election and no more than 30 days after. City Attorney Gene Harmon expressed 3 (Minutes-Board of Commissioners-March 17, 2015) concerns with limiting the timeframe for campaign signs prior to an election as it might conflict with an individual’s First Amendment (U.S. Constitution) rights. He recommended a revision to eliminate any prior timeframe constraint. Mayor Wilkerson recognized this would be different from how it was addressed by the County. Mr. Hunter stated he could take this new language back to the County and to the other incorporated cities for them to also consider. Commissioner Parrigin inquired about the existing 30 day limit following the election. Mr. Harmon opined the post-election removal requirement did not have to be changed. Motion was made by Hill and seconded by Parrigin to amend Section 4.6.8.F.3.b(3) of the Zoning Ordinance as recommended by the City Attorney. A roll call vote was taken on the amendment. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None Ordinance No. BG2015 - 6 was amended by unanimous vote to remove the proposed new “30 days prior” language found in Section 4.6.8.F.3.b(3) related to when campaign signs could be displayed before an election. With no other discussion, a roll call vote was taken on the Ordinance as amended. ROLL CALL: Voting Yea: Parrigin, Williams, Denning, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2015 - 6 as amended was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 7:25 p.m. in closed session pursuant to KRS 61.810 (1) (b), (c) and (g) as previously approved. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 10:15 p.m., Mayor Wilkerson 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 4