City Council - Regular Meeting

More and more we take for granted the freedoms we enjoy and believe that there is something that we're entitled to. It's times like this that we're reminded that there are people out there who have to make the ultimate sacrifice to ensure that we continue to have those freedoms. Lord, we ask you to watch over our community, bless our first responders, and keep them safe as they keep us safe. Guide the council as we try to ensure Elizabeth Town continues to be a wonderful place to raise a family and build a life. In your name we ask. Amen.

Amen. And if you would please join me in the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Stand. Mrs. Graham, if you would please call roll. Yes, sir. Council member Bishop present. Fulkerson here. Issacs here. Jones here. Springsteen here.

Tyler here. Mayor, you have a quorum. Thank you, ma'am. We will start with approval of minutes from February 17th, 2026. Motion to approve. Got a motion and a second. All in favor? I opposed. Seeing none, motion carries. Which brings us to the second reading of ordinance number 42026 to close a portion of Sutton Lane. If I can get a motion in a second to read, please second. Oops. Third. All in favor? Opposed? Judge Howard.

This is a second reading. Summary. This ordinance will close a portion of rightway known as Sutton Lane and the remaining portion will be incorporated into Commerce Drive. All property owners have been notified and have given consent. The full text of this ordinance, including the diagram that's available, uh, is available by contacting the city clerk's office. As a second reading, it is now available for your consideration. Any discussion? Seeing none, I need a motion and a second to adopt. Please make a motion. Second. Madame clerk, if you'd call roll.

Yes, sir. Council member Jones. Yes. Council member Springsteen. Yes. Council member Tyler. Yes. Council member Bishop. Yes. Council member Fulkerson. Yes. Council member Issacs. Yes. Pass 6. Motion carries 60. Thank you. We'll move to municipal orders. And we have several. So, we will let Judge Howard get a drink if he wants because he's got a lot of reading to do. And we'll start with municipal order number 10, 2026, accepting bid for Valley Valley Creek Wastewater Treatment Plant Berm Repair. If I can get a motion and a second to read, please.

Motion. Second. All in favor? Opposed? S Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the city prepared bid documents and publicly advertised the project and received bids that were publicly opened on February the 11th of 2026 for the wastewater treatment plant Burm Repair. Now be it ordered the city council to accept the bid from Phillips Brothers Construction for the wastewater treatment plant burm repair project in an amount not to exceed $97,279. Be it further ordered that the mayor and/or his designate is hereby authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all contracts, documents, obtaining the necessary permits, and approving change orders with the aggregate amount not to exceed $9,727.90. RED adopted and approved this ninth day of March.

Any discussion? Seeing none, I need a motion and a second to adopt, please. Motion. Second. All in favor? Opposed? Seeing none, motion carries, which will take us to municipal order number 112066, accepting bid for Pine Valley Drive, Water Main Extension. If I can get a motion a second to read, please. Motion. Second. All in favor? I opposed. Judge Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the city prepared bid documents and publicly advertised the project and receive bids that were publicly opened on February the 18th of 2026 for the Pine Valley Water Main Extension. Now, be it ordered by the city council to accept the bid from Gary W. Clifford Enterprises for this project in an amount not to exceed $156,833. Be it further ordered, the mayor and/or his designate is hereby authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all contracts, documents, obtaining the necessary permits, and approving change orders with the aggregate amount not to exceed $23,525. RED adopted and approved this ninth day of March.

Any discussion? Seeing none, I need a motion and a second to adopt, please. So moved. Second. All in favor? I opposed. Seeing none, motion carries, which will take us to municipal order number 12, 2022, accepting bid for Freeman Lake Park Tennis Court resurfacing project. If I can get a motion and a second to read, please. Motion. Second. All in favor? I opposed. Judge Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the city prepared bid documents and publicly advertised the project and received bids that were publicly opened on February the 24th of 2026 for the Freeman Lake Park tennis court resurfacing project. Now, be it ordered by the city council to accept the bid from Tennis Technology Incorporated for this project in an amount not to exceed $110,126. Be it further ordered, the mayor and/or designate is hereby authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all contracts, documents, obtaining the necessary permits, and approving change orders with the aggregate amount not to exceed $16,518.90. Red adopted and approved the ninth day of March.

Any discussion? Mayor, I'm voting no on this and for not that the tennis technology has not done a great job for the city, but they have done a horrible job for Winchester Park Neighborhood Association and tennis court that they resurfaced that immediately had problems and that's three years ago and we've never been able to get that resolved from them. So, anyone else? How often are we resurfacing tennis courts? Seth, sorry. You almost made it, Seth. couldn't let you off.

So, as part of routine maintenance, tennis courts are required to be or need to be resurfaced no more than four years. Um, so this will be right at three and a half to four years. So, talk to us about the bids. We usually only have one and that's from Tennis Technologies, right? That's correct. But this time we had two if I remember correctly.

We we had three bids on this. um two that were very very close and comparable. Um after evaluating those, reaching out and talking to the companies um and the fact that Tennis Technologies has done the initial construction on the courts at Freeman Lake as well as the pickle ball courts. Um that's why we are proposing to go with Tennis Technologies. I mean, I'm not aware of what you all went through, but we we used them a lot with Harden County Schools as well, and they built the last four we had over there, and they tended to be responsive then. But, I mean,

absolutely. That's that's why, you know, we had such a comfort level with them when we resurfaced that uh tennis court there that belongs to Winchester Park. And immediately we had problems and he came down. He said, "I don't know why what happened. I'll get with my dad." And I called back. He said, "I don't know. We don't know what to do. We don't know what to do." And and so that's that we're still in the same situation with Yeah. I will say that they did construct the new five courts out at Freeman Lake. Um they did come back and address some very minor issues that we had, but those they did a very a fantastic job with those. The pickle ball courts up at American Legion Park, those 12 courts have held up great. So,

anybody else? I'm taking motions for first and second to adopt if you all are inclined. Motion. I'll second. All in favor? I I. All opposed? I. Motion carries 51, which will take us to municipal order number 1320266, accepting bid for Freeman Lake Park North in parking. If I can get a motion and a second to read, please. motion. You are letting me down. All in favor? Opposed? Judge Howard

at a special meeting of the city council on the date held out as set out below after first being read. A motion to adopt the following municipal order was duly made, seconded and approved. Whereas the city prepared bid documents and publicly advertised the project and received bids that were publicly opened on March the 4th of 2026 for the Freeman Lake Park north end parking. Now be it ordered the city council to accept the bid from Coughell Brothers Construction for this project in an amount not to exceed $698,200. Be it further order that the mayor and/or his designate is hereby authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all contracts, documents, obtaining the necessary permit, and approving change orders with the aggregate amount not to exceed $104,730. RID adopted and approved this ninth day of March.

Any discussion? There's a $270,000 difference between that and the next bid. Are you comfortable with that, Seth? Okay. You want that? You want me to address it? We We saw that they did the bid opening last week and all of the parties were there and after it was over with, we looked at that number because there was a pretty wide gap, especially for a bid process. But they're clear on the scope. Ed consult

contacted them, followed up, made sure they were comfortable with their number. Their the their bid is within 10% of CMW's estimate. So CMW is comfortable that with their their number also. Anybody else need a motion and a second to adopt, please? So moved. Second. All in favor?

I opposed. Seeing none. Motion carries. Municipal order number 142026 accepting bid for Highland Park sanitary sewer improvements. If I get a motion and a second to read, please. Motion second. All in favor? Opposed? Judge Howard.

At a special meeting of the city council held on the date set out below after first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the city prepared bid documents and publicly advertised the project and received bids that were publicly opened on March the 5th of 2026 for the Highland Park sewer project. Now be it ordered by the city council to accept the bid from Dirt Works Unlimited LLC for this project in an amount not to exceed $188,100. Be it further ordered that the mayor and/or his designate is authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all contracts, documents, obtaining the necessary permits, and approving change orders with the aggregate amount not to exceed $28,215. Red adopted and approved this ninth day of March.

Any discussion? Seeing none, I need a motion and a second to adopt. Please make a motion. Second. All in favor? Opposed? Seeing none, motion carries. Thank you. Municipal order number 152026 approving KBI for Lote Aluminum. If I can get a motion in a second to read, please. So moved. All in favor? Opposed? Judge Howard.

At a special meeting of the city council held on the date set out below, after first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the city wishes to support the creation of jobs in the community. And whereas Loay Aluminum has completed the construction of their manufacturing facility located in Elizabeth Town in the TJ Patterson industrial park and will create new jobs in this community. Now be it ordered the city council approves extending industrial development incentives to Lo Aluminum as follows. state KBI tax incentive to include a partial refund of the Elizabeth Town occupational license fee in the amount of 1% annually for 10 years for new jobs created based on approval by the Kentucky Economic Development Finance Authority with the actual reimbursement annually based on the number of new jobs created. Be it further ordered that the mayor and/or as designate is authorized and directed to take all steps necessary to perfect this order. Read adopted and approve this ninth day of March.

Any discussion? Need a motion and a second to adopt, please. So moved. Second. All in favor? Opposed? Seeing none, motion carries. Thank you. Municipal Order number 162026 authorizing application for KDFA funding for the Valley Creek Regional Wastewater Treatment Plan. If I can get a motion in a second to read, please. Motion. Second. All in favor? I opposed. Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas during the 2024 regular session of the general assembly, House Bill 1, modified by Senate Bill 91 appropriated funds to the Cabinet for Economic Developments budget to support the Kentucky Economic Development Finance Authority loan pool. The appropriation is required to be used for funding to Harden which is in Elizabeth Town and Warren counties being Bowling Green experiencing significant economic development growth for supporting critical infrastructure improvements such as water and sewer requirements for continued economic development. And whereas the city has prepared a forgivable loan application requesting the use up to $30 million for an expansion of the Valley Creek Regional Wastewater Treatment Facility in collaboration with the Harden County government to secure the financial resources for this important infrastructure project. And whereas the city council deems it to be in the public interest that the city apply for the utilization of these available state funds for this project. Now be it ordered the city council that the city remmit all necessary documents for the application. Seek approval by KDFA enter into a forgivable loan agreement and remit all necessary compliance documentation during the term of the forgivable loan agreement. Be it further ordered that the mayor and/or his designate is hereby authorized and directed to take all steps necessary to perfect this order, including but not limited to signing all applications, documents, forms, contracts, assignment documents, loan agreements, and

providing the necessary information and reports to Keta and the cabinet for economic development. RED adopted and approved this ninth day of March. I think everybody would agree that forgivable loans are the best kind. Works well. Any discussion? Need a motion and a second to adopt, please. Second. All in favor? Opposed? Seeing none, motion carries. Thank you. Municipal order number 172026 authorizing application for KPDI for economic development. If I can get a motion in a second to read please.

Motion. Second. All in favor? I opposed. Judge Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the Kentucky General Assembly appropriated funds for economic development activities in local communities through the Kentucky Product Development Initial, KPDI program to help communities to be better positioned to attract jobs and business investments. And whereas the city and the Elizabeth Town Harden County Industrial Foundation have worked in partnership for many years to develop property for business venture investments and to create jobs in the community. And whereas the city and the foundation submitted an application to the KPDI program for funding in 2026 to complete public improvements in the Gil Nicely industrial park totaling more than $2 million for streets, public utilities, and other infrastructure improvements. And whereas the city deems it to be in the public interest that the city cooperate in the KPDI program as an inducement to locate industries in the Gil Nicely industrial park and to create jobs within the community. Now, be it ordered that the city council hereby authorizes the submission of an application under the KPDI program for public improvements for the Gil Nicely Industrial Park in an amount up to $2 million and agrees to the terms and conditions of funding under the program to include the provision of a local matching fund in an amount up to $400,000 conditioned upon approval for funding by KEFA. Be it further ordered that the mayor is hereby designated to be the city's authorized official for this project and is hereby directed and empowered by the

city council to submit an application and to execute any agreement and related documents to obtain and admission administer any funer funding under the KPDI program and to otherwise act on behalf of the city to affect such grant award. the city to serve as the grantee and the foundation will serve as the beneficiary during the administration of the grant funds. Be it for the order that the mayor and/or his designate is authorized and directed to take all administrative steps necessary to perfect this order, including signing all applications, letters, forms, agreements, and documents and the submission of all exhibits, documents, and forms. read adopted and approved this ninth day of March.

Any discussion? Trying to get some discussion so you can get a break. But what about the documents forms? I think you said that like three times. We will make sure it's all need a motion and a second to adopt. Please, I'll make a motion. Second. All in favor? I I opposed. Seeing none, motion carries. We're almost there. Municipal order number 182026 authorizing land purchase for Trooper Lake Preserve. If I can get a motion in a second to read, please move. Second. All in favor?

I

opposed. Judge Howard. At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas in April of 2025, the Kentucky Heritage Land Conservation Fund Board voted to award funding to the city for the purchase of property adjacent to Trooper Lake. And whereas the city has complied with all terms of the grant funding agreement to establish as fair market values for the property to be purchased, which is approximately 38.36 acres, and is offered to purchase the property for use as a public park with a conservation easement restriction. And whereas the owners of said property are willing to sell said property for the offered amount. Now, be it ordered by the city council that the city purchase the property located adjacent to Trooper Lake for use as a public park and conservation area from Parish and Numm Patel, husband and wife, for $20,000 per acre with the exact amount determined by survey. Be it further ordered that the mayor andor his designate is authorized to sign all agreements, contracts, deeds, closing documents, and forms to perfect this order, including having a property survey completed to determine the full and exact acreage to be purchased. The mayor mayor and/or his designate is authorized to file any and all forms, documents, letters, and reports to comply with the terms and conditions of the funding with the agreement of the board. RED, adopted, and approved this ninth day of March.

Any discussion? Couple things I want to cover real quick. First of all, I want to thank Perry and Neil and Patel. if you all know them. They've been great to work with over lots of different things that uh we've had business with them over the years. They're community oriented. They understand the long-term vision and goals of what we try to do. And they own this property that we're buying. And so it's 38 acres out by Trooper Lake. And if you're not aware of where that is, it's on the opposite side of the interstate from where we're doing the outdoor concert venue. And what we're doing is we're taking 75 acres at that location that the city already owns and has owned for some time and we're buying another 38 acres to add to it and we're going to put our mountain bike park out there once uh we get everything put together. So, it's going to be a really nice park that we're really excited about. And I want to thank Zeb Whis who was instrumental in getting us this funding from the Kentucky Heritage Land Conservation Fund. I know that's a that's a mouthful, but he's worked with that board, Ed, I don't know, 25, 30 years, long time, but he was instrumental and he's an Etown guy and he was instrumental in making sure that we got the funding for this. U if anybody wonders why we paid 20,000 per acre, that's what the property appraised for, and so that was what the purchase price was. So, it's all uh pretty transparent and it's going to be a great addition for that park that we're going to put in out there that's really going to benefit our city as far as economic development with multiple tourists coming in to ride their mountain bikes there. We think we can get several races there. Greenspace and David Haynes have played a large uh position in making sure that we're going to have one of the better mountain bike tracks and parks in the state of Kentucky and hopefully in this part of the country. So, this is the start. Uh we're hoping to buy some more land maybe that uh will come available and it's going to be a a really nice really nice park to welcome people into our community just like all our others are. I know Seth's excited about it. So with

that I need a motion and a second to adopt please. Motion second. All in favor? I opposed. Seeing none. Motion carries. I was a little late. That's all right. I knew you were a yes. And then last judge but not least, mun board number 19206 approving denial of zoning change for 707 St. John Road. If I can get a motion in a second to read, please. So moved. Second. All in favor? I opposed. Judge Howard.

At a special meeting of the city council held on the date set out below. After first being read, a motion to adopt the following municipal order was duly made, seconded, and approved. Whereas the Elizabeth Town Planning Commission conducted a public hearing on a map amendment request for property located at 707 St. John Road on February the 24th of 2026. And whereas the Elizabeth Town Planning Commission received public testimony and determined that the request to amend the official zoning map was not in agreement with the adopted comprehensive plan. And whereas the Elizabeth Town Planning Commission has recommended to the city council that the map amendment request be denied and has transmitted its findings of fact along with the summary of evidence and testimony to the city council. Be it ordered that the city hereby accepts the recommendation of the Elizabeth Town Planning Commission and denies the amendment to the official zoning map from suburban residential to highdensity residential and regional commercial for the property located at 707 St. John Road. Be it further ordered, the city also finds the map amendment request is not in agreement with the comprehensive plan. The findings of fact of the planning commission in support of their recommendation are adopted as if set out verbatim. Be it further order that the mayor andor or his designate is authorized and directed to take all steps necessary to perfect this order read adopted and approved this ninth day of March.

Any discussion?

Mayor, I feel that the denial for this zone change was a bit unfair. Um the unans had one one hearing already to ask for development of this property and that was denied. Um and that was denied and they listened to they listened to the feedback and to the changes that were asked of them and they made significant changes to their development plan. Um including an invest a potential investment in trees that boggles the mind. Um, I recognize that the traffic concerns I sit on the safe streets for all committee. I recognize the amount of accidents that are at the bypass and but the transportation cabinet was okay with this development. Um, there have been significant safety improvements to St. John Road. Um, and I recognize that recognize all the objections. Um, proximity to flood zone and trails. Um, but I I trust that our engineers, I trust that our storm water um and our planning department um would have been able to work with the unions to make sure that this development fit and was a good uh benefit and addition to our community. Um, and so I will be voting to not approve the denial if that's the right phrasing. Okay. I just had to sit.

Anybody else? Just a point of clarification. Does that have to I mean does that have to have a finding a fact opposite or are we required to do that? Aaron or Ed? I can respond to that. That would require a separate findings of fact uh if that was to be the majority view. Okay. At this point, it's not just my simple opinion and that's fine. That wouldn't if if that is the uh majority view, then we would have to prepare another document for consideration. Me, we being the staff.

Understandable. Anyone else? Okay, let me make sure I say this right. So, do we have a motion and a second for adoption to approve denial of zoning change for 707 St. John Road? Motion. I'm going to second it for lack of a finding of fact. Otherwise, all in favor? I opposed. I

believe that's five to one. Madam clerk, motion carries, which will take us to public comments. Anyone have public comments? Okay. Then we'll go to city council information items. Our next city council meeting will be held on March 16th, 2026. I also want to bring up that Barb Jones, who is our human resources manager that just about everybody in the city of Elizabeth Town knows and that may be married to one of our council members, is getting recognized as an Elizabeth Town Community and Technical College distinguished alumni this week. And we are exceptionally proud of her. Even if she wouldn't have been named that, she's been great and she remains to be great. But I'm glad that she's getting recognized for all the things that she does on behalf of the community and what she does for the city of Elizabeth Town and everybody that knows her. So, we think that that's wonderful. Lamar, you're very lucky.

And I want to circle back a little bit to the Pennington family. I don't even know that I can put it into the proper words. I appreciated Tim Isaac's prayer and the moment of silence. He took his council member hat off and he put on his principal hat and his coach hat and his friend hat and I I appreciate that. I know you've spent a lot of time with that family and had been in school and it's just uh unbelievable loss that you know anybody that has kids especially kids that age I just I can't imagine. And so I would ask when everybody goes home and lays their head down tonight that they say a little prayer for that family and continue to do so because uh that's a a real tragedy and loss for our community. So with that being said, you all have anything you want to add? We will go close meeting pursuant to KRS61.810 810 section 1 as designated by motion to conduct deliberation on future acquisition or sale of real property by the city and to discuss the general nature of existing and possible litigation by the city and also to discuss personnel which might lead to the appointment discipline or dismissal of an individual employee member or student. I got it judge.

If I can get a motion in a second please. Motion second. All in favor? I opposed. Seeing none, we will go close session and we will not have any action coming out. Thank you all.