City Council Minutes 01/20/09
CITY OF BOWLING GREEN CITY COUNCIL
TUESDAY, JANUARY 20, 2009
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, McOmber, Newlove, Sorrells, and Zanfardino responded. Council Member Heminger was not present. Also present were Mayor John Quinn, Municipal Administrator John Fawcett, City Attorney Michael Marsh, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.
Council President Newlove declared the minutes of the meeting held October 2, 2009 approved as distributed.
CORRESPONDENCE
Clerk noted that a listing of budget transfers for the month of January was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval. Council Member Sorrells moved, McOmber 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 noted for the record that copies of the Budget Summary Report for the month of December 2008 was distributed to Council prior to this evening’s meeting.
OFFICIAL REPORTS
Mayor John Quinn acknowledged that today was Inauguration Day and wished the new President well in his presidency.
Mayor Quinn commented regarding the upcoming TMACOG General Assembly that will be held on January 29 and the Wood County Mayors Association Annual Meeting on January 28 and invited interested Council Members to make reservations through his office as soon as possible.
Mayor Quinn congratulated the Human Relations Commission on a successful Martin Luther King Day celebration held on Friday, January 16.
Mayor Quinn reported to Council that the Administration is set to begin the annual industrial visits throughout the City and will be reporting on those in the future.
Municipal Administrator John Fawcett reported that there will be a
community-sponsored event held the weekend of February 20-22 marking
the 25thanniversary of
Scott Hamilton winning a gold medal at the 1984 Winter Olympics in
Sarajevo. Fawcett noted that Scott plans to return to Bowling
Green for the weekend’s events.
Council Member Sorrells asked Fawcett if he had looked into the history of Section 76.28 of the Codified Ordinances which addresses backing into parking spaces in city parking lots. Fawcett reported that his research indicates that this regulation has been on the books for approximately 30 years and was apparently instituted to alleviate damage caused to parking meter poles and meters when backing into the parking space. After some discussion amongst Council Members regarding a change to Section 76.28, it was decided to wait until after the next Downtown BG meeting to see what recommendation may come from that group.
Planning Director Rick Ketzenbarger had no report.
Parks and Recreation Director Michelle Grigore distributed to Council the January 2009 department report and a schedule for the upcoming Brown Bag Music Series program held in conjunction with the College of Musical Arts at BGSU.
City Attorney Michael Marsh had no report.
Utilities Director Kevin Maynard had no report.
Public Works Director Brian Craft reported that the Public Works crews have begun distributing the new recycling containers. Craft noted that along with the container they are distributing information regarding its use.
NEW LEGISLATION
The following new legislation was recommended by the Administration and presented to Council for introduction:
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, 2009 and ending December 31, 2009.
Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing an agreement between the City of Bowling Green, Ohio, and the Wood County Regional Airport Authority.
Council Member Newlove, for the Finance Committee, introduced ordinance authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for tree plantings & tree maintenance for trees located within the public right-of-way of the City of Bowling Green.
Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator & Utilities Director to enter into a contract or contracts with specified vendors for work that may exceed $25,000 annually for calendar year 2009.
Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced.
Council Member Sorrells, for the Transportation and Safety Committee, introduced an ordinance authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for sidewalk improvements, pavement striping, deicing salt, and improving streets, alleys, and other public ways in the City of Bowling Green, Ohio.
Council Member McOmber, for the Public Utilities Committee, introduced an ordinance to allow only the City of Bowling Green to aggregate demand response of retail customers in accordance with FERC Order 719 and taking other actions in connection therewith, and declaring an emergency.
Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending and adopting Section 150.104(A) and Section 150.122(B)(1) & (2) and Section 150.132(F)(1) and Section 151.17(A)(1) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning certain zoning and planning fees.
Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting annexation of approximately 13.44 acres of land in Plain Township, Wood County, Ohio, from the State of Ohio Department of Transportation, petitioners.
Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance establishing interim zoning of I-1 Institutional zoning for the property generally known as 13982 Mitchell Road and 14750 Mitchell Road and recently annexed to the City of Bowling Green, Ohio, by the State of Ohio Department of Transportation.
COUNCIL COMMITTEE REPORTS
Council Member Newlove announced that due to the anticipated large crowd attending the February 2 Council Meeting, the location of the meeting is being moved to the Municipal Court Building on Dunbridge Road. The public hearing is scheduled to begin at 7:00 p.m.
Newlove also announced that the Committee-of-the-Whole meeting to continue discussing the 2010 budget is being rescheduled for Monday, February 9, at 6:00 p.m. in the Council Chamber.
LOBBY VISITATIONS
Jan Veitch, 115 Williams Street, read a letter from the East side Residential Neighborhood Group. A copy of the letter is attached and made a part of these minutes.
Les Barber, 303 N. Prospect Street, addressed Council regarding his support for the licensing and inspection stipulation in the Housing Update of the Master Plan. Barber stated that there are neighborhoods in Bowling Green where there are simply too many rentals with single-family residents becoming overwhelmed and driven out. He noted that there is a lack of mature leadership in those areas of the City. Barber cited examples of the 300 block of North Prospect Street, where 8 of 13 homes are rentals and the 300 block of North Summit Street where it has gone from 11 of 13 homes being owner-occupied forty years ago to just 2 owner-occupied homes today. Barber stated that this is an example of what never should have been allowed to happen in Bowling Green. Barber said that the traditional neighborhoods of Bowling Green need help from the City to get things turned around.
Russ Veitch, 115 Williams Street, asked why Resolution #3380 was amended to remove the wording “enforce the current housing code, as well as relevant City laws” and delete the possibility of enforcing relevant City laws. Veitch suggested a “self-inspection” of rental property by the owner performed at the time of registering the property as a rental, followed up by “random” inspections performed by the City being funded by the registration fees.
Planning Director Rick Ketzenbarger explained that the change was made after review by the Law Department because the relevant City laws as they apply to housing are the County Housing Code & the Building Code neither of which are enforced by the City. The County Housing Code is enacted by the Board of Health and is administered by the County Health Department. The Building Code is the national building code and is enforced by the County Inspection Department. Ketzenbarger clarified that there are no City codes relative to housing.
Gary Pierce, 822 North Christopher Drive, indicated that he was confused at the fact that the City does not have its own housing codes as he was told last year that housing codes were property enforced that it would help alleviate a problem he has been experiencing with a neighbor and the upkeep of the exterior of their property. Pierce indicated that he suggested legislation that would address exterior maintenance of houses. Pierce asked “do we or do we not have codes that can be enforced?”
Council Member Sorrells responded that there are two authorities that tasked with housing inspections. The County Housing Department is charged with issuing permits for building a house, renovations or modifications made to an existing structure and the inspections as the work is being done. The County Health Department is charged with enforcing codes relative to the health and safety of the housing stock. Sorrells noted that the code does not and was never intended to cover aesthetics of the exterior of the house.
Council Member Zanfardino wondered if the adoption of the Housing Section of the Master Plan precludes the City from developing some sort of code relative to exterior aesthetics and/or maintenance of the housing in Bowling Green.
Rose Hess, 216 Baldwin, asked whether or not the City ever considered adopting the International Property Maintenance Code as more than 50 other cities have already done. Hess indicated that that code covers many of the problems being faced in Bowling Green.
Robert Hudson, 229 Willowood, stated that he has been in the business of appraising property for many years and suggested that any inspection program should include owner-occupied homes. Hudson noted that he lived on the east side for many years and experienced many problems with students and damage to his property. Hudson said that those problems were more the result of lack of personal responsibility of people and not problems with the buildings. He also noted that through his experience as an appraiser that for every rental home he has been in, he can give an example of an owner-occupied home in equal or worse condition. Hudson indicate that if the City is going to inspect homes, they should inspect them all, not just the rentals.
READING OF LEGISLATION
Clerk read Resolution #3384 transferring previously appropriated funds, for first reading.
Council Member Newlove moved, Sorrells seconded, to suspend the rules and give Resolution #3384 its second and third reading. On roll call vote, Council Members Frost, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Resolution #3384 for second and third reading by number and title only.
Council Member Newlove moved, Zanfardino seconded, to adopt Resolution #3384. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Resolution #3384 adopted.
Clerk read Ordinance #7852 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2009 and ending December 31, 2009, for first reading.
Council Member Newlove moved, Frost seconded, to suspend the rules and give Ordinance #7852 its second and third reading. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, and McOmber voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7852 for second and third reading by number and title only.
Council Member Newlove moved, McOmber seconded, to adopt Ordinance #7852. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7852 adopted.
Clerk read Ordinance #7853 authorizing an agreement between the City of Bowling Green, Ohio, and the Wood County Regional Airport Authority, for first reading
Clerk read Ordinance #7854 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for tree plantings & tree maintenance for trees located within the public right-of-way of the City of Bowling Green, for first reading.
Clerk read Ordinance #7855 authorizing the Municipal Administrator & Utilities Director to enter into a contract or contracts with specified vendors for work that may exceed $25,000 annually for calendar year 2009, for first reading.
Clerk read Ordinance #7856 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced, for first reading.
Clerk read Ordinance #7857 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for sidewalk improvements, pavement striping, deicing salt, and improving streets, alleys, and other public ways in the City of Bowling Green, Ohio, for first reading.
Clerk read Ordinance #7858 to allow only the City of Bowling Green to aggregate demand response of retail customers in accordance with FERC Order 719 and taking other actions in connection therewith, and declaring an emergency, for first reading.
Council Member McOmber moved, Dunn seconded, to suspend the rules and give Ordinance #7858 its second and third reading. On roll call vote, Council Members Zanfardino, Dunn, Frost, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7858 for second and third reading by number and title only.
Council Member McOmber moved, Frost seconded, to adopt the emergency clause for Ordinance #7858. On roll call vote, Council Members Dunn, Frost, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7858. On roll call vote, Council Members Frost, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and Ordinance #7858 adopted.
Clerk read Ordinance #7859 amending and adopting Section 150.104(A) and Section 150.122(B)(1) & (2) and Section 150.132(F)(1) and Section 151.17(A)(1) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning certain zoning and planning fees, for first reading.
Council Member Frost announced that a public hearing will be held for Ordinance #7859 on March 2, 2009 at 7:45 p.m. in the Council Chamber.
Clerk read Ordinance #7860 accepting annexation of approximately 13.44 acres of land in Plain Township, Wood County, Ohio, from the State of Ohio Department of Transportation, petitioners, for first reading.
Clerk read Ordinance #7861 establishing interim zoning of I-1 Institutional zoning for the property generally known as 13982 Mitchell Road and 14750 Mitchell Road and recently annexed to the City of Bowling Green, Ohio, by the State of Ohio Department of Transportation, for first reading
Council Member Frost announced that a public hearing will be held for Ordinance #7861 on March 2, 2009 at 7:45 p.m. in the Council Chamber.
Clerk read Resolution #3382 authorizing the Municipal Administrator and the Utilities Director to participate in the Ohio Department of Transportation Cooperative Purchase Program for the purpose of purchasing machinery, materials, supplies, or other articles, for second reading.
Clerk read Resolution #3383 approving revision to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, by adding Section 6.4(O) relating to strategies and recommendations and development and implementation of an inspection and licensing system, for second reading.
Clerk read Ordinance #7850 amending and adopting Section 94.03 and 94.04(B) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding refuse collection by city, for second reading.
Clerk read Ordinance #7851 amending and adopting Section 33.27(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations, for second reading.
Clerk read Resolution #3379 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and enter into an agreement with the Ohio Department of Natural Resources for the purpose of acquiring financial assistance from the NatureWorks Program, for third reading.
Council Member Dunn moved, Zanfardino seconded, to adopt Resolution #3379. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Resolution #3379 adopted.
Clerk read Resolution #3380, as amended, approving revisions to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, for third reading.
Council Member Frost moved, McOmber seconded, to adopt Resolution #3380, as amended. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, and McOmber voted yes. Council President Newlove declared motion carried, and Resolution #3380 adopted as amended.
Council Member Sorrells moved, Dunn seconded, to excuse Council Member Heminger from this evening’s meeting. On unanimous voice vote, Council President Newlove declared motion carried.
Council Member Dunn moved, Sorrells seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the January 20, 2009 regular meeting of the City Council at 9:18 p.m., subject to call.
