MONDAY, JUNE 18, 2007

 

 

The regular meeting of the Bowling Green City Council, held in the Council Chamber, 304 North Church Street, Bowling Green, Ohio was called to order at 8:00 p.m. by Council President Newlove.  The meeting began with the Pledge of Allegiance.

 

On roll call, Council Members Dunn, Frost, Heminger, McOmber, Newlove, and Zanfardino responded.  Council Member Sorrells was not present.  Also present were Mayor John Quinn, Municipal Administrator John Fawcett, City Attorney Michael Marsh, Public Works Director Brian Craft, and Utilities Director Kevin Maynard. Planning Director Rick Ketzenbarger and Parks and Recreation Director Michelle Grigore were not present.

 

Council President Newlove declared the minutes of the meeting held June 4, 2007 approved as distributed.

 

 

CORRESPONDENCE

 

            Clerk Kay Scherreik noted that a listing of budget transfers for the month of June was received from Finance Director Rebecca Underwood and distributed to Council prior to the meeting for approval.  Council Member Heminger moved, Frost seconded, to approve the transfers as presented.  On unanimous voice vote, Council President Newlove declared motion carried.  A copy of the transfers is attached and made a part of these minutes.

 

            Clerk also noted that copies of the Budget Summary Report for the month of May, 2007 was distributed to Council prior to this evening’s meeting.

 

            Clerk reported that an application for a new Class C1, D2 and D3 liquor permit was received from the Ohio Division of Liquor Control for 809 Enterprises, LLC, located at 809 S. Main Street, Bowling Green.  A check of the records was requested and no detrimental information was noted.

 

 

OFFICIAL REPORTS

 

            Mayor John Quinn introduced Chris Gajewicz and Tom Vanden-Eynden from the City’s Bicycle Safety Commission.  Chris and Tom presented the 2006 Bicycle Spokesperson of the Year Award to Bob Rex and the 2007 award was presented to Tim Tegge.  Mayor Quinn presented a Certificate of Appreciation to Bob McGeein for his service on the Zoning Board of Appeals from May, 2003 until May, 2007.

 

            Mayor Quinn invited interested Council Members to a members reception sponsored by TMACOG which will be held on Thursday, June 28, from 5-7 p.m. at the University Student Union Building, Room 207.

 

            Municipal Administrator John Fawcett commented regarding proposed legislation making changes to the City’s noxious weeds ordinance.  Fawcett noted that this legislation simplifies and shortens the process by which the City deals with noxious weeds and tall grass.  The proposed change reduces the weed/tall grass height from 12 inches to 8 inches.  Fawcett further explained that when a complaint is received, notice will be given to the property owner of record giving them five days to comply.  If the owner fails to comply with the notice then the City will mow the property and bill the property owner at the rate of $130.00 /hour.

 

            In response to an inquiry from Council Member Dunn regarding proposed legislation for the auctioning of city-owned property, Fawcett explained that the PropertyRoom.com is an on-line auction service that will take the City’s unused items and those items confiscated by the Police, inventory them and set them up for auction.  The auction service then gets a share of the proceeds for their services.   Fawcett noted that the auction process is a very time-consuming process for the City staff.  He feels  this will be a more efficient way of disposing of the property.

    

 

Planning Director Rick Ketzenbarger was not present.

 

            Parks and Recreation Director Michelle Grigore was not present.

 

            City Attorney Michael Marsh had no report.

 

            Also, in response to a question from Council Member Dunn, Utilities Director Kevin Maynard briefed Council on a meeting held with the Army Corp of Engineers regarding ditch enclosures.  Maynard explained that the Corp of Engineers is exerting its authority over most of the ditches in Wood County and if the City plans to enclose any portion of a ditch that exceeds 200 feet, approval and permits from the Corp are required.  Maynard noted that in regards to the proposed enclosure of the Belleville ditch, the City plans to pursue the approval from the Corp of Engineers, however, he is uncertain how long that process may take to accomplish.

 

            Public Works Director Brian Craft updated Council on current Public Works projects noting that work is proceeding on the reconstruction of sidewalks and curbs on South Main Street.

 

 

NEW LEGISLATION

 

            The following new legislation was recommended by the Administration and presented to Council for introduction:

 

            Council Member Zanfardino, for the Community Improvement Committee, introduced an ordinance amending and adopting Section 98.03 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding snow and ice covered sidewalks declared a nuisance.

 

            Council Member Zanfardino, for the Community Improvement Committee, introduced an ordinance amending Section 99.20 and abolishing Sections 99.21 and 99.22 of the Codified Ordinances of the City of Bowling Green, Ohio, all concerning the cutting and destroying of noxious weeds and grass.

 

            Council Member Dunn, for the Parks and Recreation Committee, introduced a resolution approving revisions to the Parks and Recreation Department Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio.

 

            Council Member Newlove, for the Finance Committee, introduced a resolution transferring previously appropriated funds.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute the amended and restated Power Schedule to AMP-Ohio Contract #C-11-2005-4501 between American Municipal Power-Ohio, Inc., and the City of Bowling Green, Ohio.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute an easement agreement between the State of Ohio for Bowling Green State University and the City of Bowling Green, Ohio.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting an easement for right-of-way purposes from First Federal Bank of the Midwest.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting annexation of approximately 40.022 acres of land in Plain Township, Wood County, Ohio, from Richard L. & Joan L. Conrad, petitioners.

 

 

 

 

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance establishing interim zoning for the Conrad property recently annexed to the City of Bowling Green.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance approving the S-District Site Plan for the Chauncey Pointe Townhouse Development.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending and adopting Section 151.17(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to fee charged for trees.

 

 

COUNCIL COMMITTEE REPORTS

 

            There were no Council committee reports.

 

 

LOBBY VISITATIONS

 

            Neil Munger from the Wood County Park District presented the City with a check from the Local Park Improvement Grant Fund in the amount of $10,149.00 to be used to install safety netting at the City’s ball fields.

 

            Max Rayle, representing Doug Valentine, addressed Council regarding the S-District Site Plan for the Chauncey Pointe development.  Mr. Rayle explained they have issues of concern regarding the incomplete/erroneous drawings approved by the Planning Commission; the fence requirement on the north side property line; the open ditch along the property; and the fact that the plan does not require the completion of Fourth Street. 

 

READING OF LEGISLATION

 

 

                Clerk read Resolution #3338 transferring previously appropriated funds, for first reading.

 

            Council Member Newlove moved, Dunn seconded, to suspend the rules and give Resolution #3338 its second and third reading.  On roll call vote, Council Members  Frost, Heminger, McOmber, Newlove, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Resolution #3338 for second and third reading by number and title only.

 

            Council Member Newlove moved, Heminger seconded, to adopt Resolution #3338.  On roll call vote, Council Members Heminger, McOmber, Newlove, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3338 adopted.

 

            Clerk read Resolution #3339 approving revisions to the Parks and Recreation Department Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, for first reading.

 

            Clerk read Ordinance #7683 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007, for first reading.

 

            Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Ordinance #7683 its second and third reading.  On roll call vote, Council Members McOmber, Newlove, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Ordinance #7683 for second and third reading by number and title only.

  

            Council Member Newlove moved, Frost seconded, to adopt Ordinance #7683.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7683 adopted.

 

            Clerk read Ordinance #7684 amending and adopting Section 98.03 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding snow and ice covered sidewalks declared a nuisance, for first reading.

 

            Clerk read Ordinance #7685 amending Section 99.20 and abolishing Sections 99.21 and 99.22 of the Codified Ordinances of the City of Bowling Green, Ohio, all concerning the cutting and destroying of noxious weeds and grass, for first reading.

 

            Clerk read Ordinance #7686 authorizing the Utilities Director to execute the amended and restated Power Schedule to AMP-Ohio Contract #C-11-2005-4501 between American Municipal Power-Ohio, Inc., and the City of Bowling Green, Ohio, for first reading.

 

            Council Member McOmber moved, Zanfardino seconded, to suspend the rules and give Ordinance #7686 its second and third reading.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Ordinance #7686 for second and third reading by number and title only.

 

            Council Member McOmber moved, Frost seconded, to adopt the emergency clause for Ordinance #7686.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, and Zanfardino voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

 

            Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7686.  On roll call vote, Council Members  Frost, Heminger, McOmber, Newlove, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and Ordinance #7686 adopted.

 

            Clerk read Ordinance #7687 authorizing the Utilities Director to execute an easement agreement between the State of Ohio for Bowling Green State University and the City of Bowling Green, Ohio, for first reading.

 

            Clerk read Ordinance #7688 accepting an easement for right-of-way purposes from First Federal Bank of the Midwest, for first reading.

 

            Clerk read Ordinance #7689 accepting annexation of approximately 40.022 acres of land in Plain Township, Wood County, Ohio, from Richard L. & Joan L. Conrad, petitioners, for first reading.

 

            Clerk read Ordinance #7690 establishing interim zoning for the Conrad property recently annexed to the City of Bowling Green, for first reading.

 

            Clerk read Ordinance #7691 approving the S-District Site Plan for the Chauncey Pointe Townhouse Development, for first reading.

 

            Council Member Frost scheduled public hearings for Ordinance #7690 and 7691 for Monday, August 20, 2007, at 7:15 p.m. in the Council Chamber.

 

            Clerk read Ordinance #7692 amending and adopting Section 151.17(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to fee charged for trees, for first reading.

 

            Clerk read Resolution #3337 adopting the Estimate of Revenues for the year 2008, for second reading.

 

            Clerk read Ordinance #7680 authorizing the Municipal Administrator to enter into a contract with PropertyRoom.com, Inc. to sell obsolete items no longer needed for municipal purposes, for second reading.

  

            Clerk read Ordinance #7681 authorizing the Utilities Director to execute an amendment to the Professional Services Contract between Stantec Consulting Michigan, Inc., and the City of Bowling Green to include detailed design, bidding assistance, construction administration, additional survey, construction observation and testing services for the low service pump and river intake improvements, for second reading.

 

            Clerk read Ordinance #7682 accepting an easement from Greystone Group-Poe, Ltd., for right-of-way and utility purposes along North Main Street, for second reading.

 

            Clerk read Resolution #3336 adopting and authorizing a Policy & Procedure Manual for B.G. Transit as required by the Ohio Department of Transportation and recommended for adoption by the local Transportation Advisory Committee, for third reading.

 

            Council Member Zanfardino moved, McOmber seconded, to adopt Resolution #3336.  On roll call vote, Council Members Heminger, McOmber, Newlove, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3336 adopted.

 

            Clerk read Ordinance #7678 authorizing a 25% reduction in the City income tax for a certain period for Sky Insurance employees and providing for certain economic development grants to Sky Insurance to partially defray relocation expenses, for third reading.

 

            Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7678.  Council Member McOmber commented that this situation is an unusual and  that in this particular instance it is well worth what the City is giving up in order to maintain and/or increase payroll in the City and to keep the downtown buildings occupied.  McOmber further commented that he does not feel this does not set a precedent and does not feel obligated to do the same thing if a similar situation arises.  He said that each situation will have to be evaluated on its own merits.  On roll call vote, Council Members McOmber, Newlove, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7678 adopted.

 

            Clerk read Ordinance #7679  authorizing the Utilities Director to enter into an amendment to the contract with the Northwestern Water and Sewer District in order to increase the contract capacity and service area, for third reading.

 

            Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7679.  On roll call vote, Council Members Newlove, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7679 adopted.

 

            Council Member Frost moved, Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost seconded, to adopt Ordinance #7676            amending the Zoning District Map of the City of Bowling Green, Ohio, for the property generally known as 531 Conneaut Avenue, from M-1 Light Industrial to R-2 Single Family Residential zoning.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7676 adopted.

 

            Council Member Frost moved, Zanfardino seconded, to adopt Ordinance #7677 approving the S-District Site Plan for an addition to the daycare building and the construction of an outdoor pool and sunroom at Heritage Corner.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7677 adopted.

 

            Council Member Dunn moved, Frost seconded, to excuse Council Member Sorrells from this evening’s meeting.  On unanimous voice vote, Council President Newlove declared motion carried.

 

            Council Member Dunn asked the Administration to check into the discrepancy mentioned by Max Rayle regarding the S-District Site Plan for Chauncey Pointe and report back to Council at the next meeting.

 

 

 

 

Council Member Dunn moved, McOmber seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the June 18, 2007 regular meeting of the City Council at 8:48 p.m., subject to call.