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B. Without limiting the foregoing subsection A of this section, it is <br />conclusively stated that there shall be excluded from the BAP and any BAP <br />agreement all revenues from (i) the temporary three -eighths percent sales and use <br />taxes imposed for the ten-year period beginning on January 1, 2004, to be used for <br />open space and related purposes as authorized by the registered electors of the City <br />and set forth in Chapter 3.20 of this Code; and (ii) the temporary one -eighth of one <br />percent sales tax for historic preservation purposes imposed for the ten-year period <br />beginning on January 1, 2009 as set forth in Section 3.20.605 of this Code. Such <br />revenues shall not be used, impaired or otherwise affected by the BAP. <br />Sec. 3.24.090. Criteria for approval. <br />Approval of an application for inclusion in the BAP for incentives totaling <br />fifty thousand dollars ($50,000.00) or more shall require the affirmative vote of <br />four members of the City Council_, at a public hearing held as a portion of a <br />regularly scheduled City Council meeting, Incentives totaling less than fifty <br />thousand dollars ($50,000.00) may be approved, and the agreement required by <br />Section 3.24.100 may be executed, by the City Manager. Whether approved by the <br />City Council or the City Manager, the decision to approve a BAP application shall <br />be based upon City Council consideration of the following criteria: <br />A. The amount of enhanced sales taxes which are reasonably to be <br />anticipated to be derived by the City —whether by retention of taxes, creation of <br />new taxes, or a combination thereof —through the expanded or new retail sales tax <br />generating business; <br />B. The public benefits which are provided by the applicant through <br />public works, public or public -related improvements, additional and/or retained <br />jobs and employment opportunities for City residents and others, etc.; <br />C. The quality of the proposed development; <br />D. Whether the proposal utilizes an existing building(s); <br />E. Whether the proposal complements existing Louisville businesses <br />(i.e. a buyer or supplier that serves an existing business in the City); <br />F. Whether the proposal represents redevelopment to an area or <br />building in the City; <br />G. Whether the proposal represents job diversity in industry sectors and <br />is part of a growing industry; <br />H. The proposal's contribution to the diversity of retail or to the <br />diversity of jobs or employment opportunities within the City; <br />Ordinance No. 1822, Series 2021 <br />Page 5 of 9 <br />